Terms of Service

1. Acceptance of Terms

By accessing or using AviPrep ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service. These Terms contain, among other things, a release of claims, an assumption of risk, and an indemnification obligation. Please read them carefully before booking any lesson or flight activity.

2. Description of Service

AviPrep is an online marketplace that connects student pilots and aviation learners ("Students") with independent flight instructors, flight schools, flying clubs, aircraft owners, aircraft operators, and related aviation professionals ("Providers"). Through the Service, Students can discover Providers and request or book ground instruction, in-person flight training, discovery flights, checkride preparation, simulator coaching, mentoring, and related aviation services ("Provider Services").

AviPrep does not provide Provider Services. AviPrep is not a flight school, pilot school, air carrier, commercial operator, Part 141 or Part 61 school, Part 135 operator, flight instructor, aircraft owner, aircraft operator, or insurer. AviPrep does not own, rent out, lease, maintain, dispatch, fuel, or operate any aircraft, simulator, or training facility. AviPrep does not employ any Provider, and no Provider is an agent, representative, partner, or employee of AviPrep.

Any agreement for Provider Services, including any in-person flight activity or aircraft rental, is formed directly between the Student and the Provider (and, where applicable, the aircraft owner or operator). AviPrep's role is limited to providing marketplace software, processing payments as a limited payment collection agent for Providers, and facilitating communication between Students and Providers.

3. User Accounts

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Independent Contractor Status; No Agency

Providers are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between AviPrep and any Provider or Student. AviPrep does not direct, supervise, or control the manner in which any Provider performs Provider Services. AviPrep is not responsible for:

• The quality, safety, legality, or suitability of any Provider Service
• The accuracy or completeness of Provider profiles, credentials, pricing, or class descriptions
• The ability, availability, or willingness of any Provider to perform Provider Services
• The acts, omissions, or conduct of any Provider, Student, aircraft owner, aircraft operator, or other third party
• The condition, airworthiness, maintenance, insurance, or regulatory status of any aircraft, simulator, or facility used in connection with Provider Services

5. In-Person Flight Training, Discovery Flights, and Aircraft Rental

Certain Provider Services involve in-person flight activities, including flight instruction in aircraft, discovery flights, solo and dual flight training, and aircraft rental ("Flight Activities"). Flight Activities are arranged and performed entirely by the Provider and, where applicable, the aircraft owner or operator. The following terms apply to all Flight Activities booked through the Service:

• Marketplace-only role. AviPrep is not a party to any flight, instructional, or rental agreement. All such agreements are between the Student and the Provider and, if applicable, the aircraft owner or operator.
• No aircraft operation. AviPrep does not own, charter, rent out, dispatch, operate, inspect, maintain, fuel, or schedule any aircraft. Aircraft condition, airworthiness, maintenance, and regulatory compliance are the sole responsibility of the aircraft owner or operator.
• No verification of credentials. AviPrep does not independently verify, and makes no representation regarding, any Provider's FAA certifications, flight instructor ratings, medical certificates, currency, proficiency, logbook entries, experience, insurance coverage, background, or fitness to provide Provider Services. AviPrep does not verify the airworthiness, registration, maintenance status, or insurance of any aircraft.
• Student's duty to verify. Before any Flight Activity, the Student is solely responsible for confirming that the Provider holds all required certificates, ratings, and endorsements; maintains a current and appropriate medical certificate; is current and proficient for the proposed flight; and that the aircraft is airworthy, properly registered, adequately insured, and legally authorized for the intended operation.
• Pilot in command. The Provider, as pilot in command or authorized flight instructor, is solely responsible for all go/no-go decisions, flight planning, weather evaluation, preflight inspection, operation of the aircraft, passenger briefings, and compliance with 14 C.F.R. and all other applicable law. AviPrep has no authority to direct, override, cancel, redirect, ground, or approve any flight.
• Weather, mechanical, and regulatory cancellations. Flight Activities are subject to weather, aircraft availability, mechanical condition, airspace restrictions, and regulatory factors. AviPrep has no control over any cancellation, delay, or rescheduling caused by these factors.
• Separate transactions. Where an aircraft rental fee is collected through the Service on behalf of a Provider or aircraft operator, AviPrep acts only as a limited payment collection agent. The underlying rental is a separate transaction between the Student and the aircraft owner or operator, governed by their own agreement.

If you are unwilling to accept any of the foregoing, you must not book a Flight Activity through the Service.

6. Provider Representations and Responsibilities

Each Provider, by listing services on the Service and by accepting any booking, represents and warrants on an ongoing basis that they:

• Hold all pilot and flight instructor certificates, type ratings, endorsements, and other authorizations required by the FAA (or applicable civil aviation authority) to provide the Provider Services they offer;
• Hold a current and appropriate medical certificate (or qualifying equivalent) for the Provider Services they offer, where required;
• Are current, proficient, and legally qualified to act as pilot in command and/or flight instructor for each lesson or flight they accept;
• Operate, or arrange through the aircraft owner or operator, only aircraft that are airworthy, properly registered, maintained in accordance with 14 C.F.R., and covered by adequate aviation liability and hull insurance;
• Carry, or will obtain before conducting Flight Activities, flight instructor (CFI) professional liability insurance in amounts customary for flight instruction, and will name AviPrep as an additional insured on reasonable request;
• Will comply with all applicable federal, state, and local laws and regulations, including the Federal Aviation Regulations, anti-discrimination laws, and consumer protection laws;
• Will provide accurate and non-misleading information on their profile, including certifications, ratings, experience, pricing, and availability;
• Are not subject to any pending FAA enforcement action, certificate suspension, revocation, or medical disqualification that would impair their ability to provide Provider Services;
• Will promptly notify AviPrep if any of the foregoing ceases to be true.

A Provider's breach of this section is a material breach of these Terms and grounds for immediate removal from the Service, withholding of payouts, and any other remedy available to AviPrep at law or in equity.

7. Payments and Fees

Payment for Provider Services must be made through our secure payment system. You agree to:

• Provide valid payment information
• Pay all fees associated with your use of the Service
• Understand that all sales are final unless otherwise stated in the applicable cancellation policy
• Accept that refunds are subject to our refund policy and the individual Provider's policies

Prices for Provider Services are set by Providers. AviPrep may charge a platform or booking service fee as disclosed at the time of purchase. Where AviPrep collects payment on behalf of a Provider or aircraft operator, AviPrep acts only as a limited payment collection agent for that party.

For in-person flight lessons, AviPrep uses an authorization-and-capture billing flow. A payment authorization (hold) is placed on your card for the estimated total plus a 20% buffer at booking. The actual amount captured is based on actual flight and instruction time reported after the lesson. See Section 8.2 for details.

8. Cancellation and Refund Policy

8.1 Ground (Online) Lessons and Discovery Flights

Cancellation policies may vary by Provider. Generally:

• You may cancel a lesson up to 2 hours before the scheduled start time for a full refund
• Cancellations made less than 2 hours in advance may be subject to fees
• No-shows are not eligible for refunds
• Refunds are processed within 5-10 business days

8.2 In-Person Flight Lessons (Authorization-Based Billing)

In-person flight lessons use an authorization-and-capture payment flow because actual flight time (hobbs meter reading) is only known after the lesson is complete. When you book:

• We place a payment authorization (hold) on your card for the estimated lesson cost plus a 20% buffer. No funds are captured at this point.
• After the lesson, your instructor reports the actual instruction time and hobbs time. We capture only the actual amount from the authorization. Any unused portion of the hold is released automatically, typically within a few business days depending on your card issuer.
• If the instructor does not report hours within 72 hours of the scheduled lesson end time, we will auto-capture the estimated amount and notify both parties. Discrepancies can be resolved by contacting support.
• If the actual charge would exceed the authorized hold, we capture the full hold amount. Any remaining balance is resolved between the student and the Provider outside AviPrep.

Cancellation terms for in-person flight lessons:

• More than 24 hours before the lesson: Free cancellation. The authorization hold is released in full.
• Within 24 hours, cancelled by student: 50% of the estimated instruction fee is captured. Aircraft rental is not charged.
• No-show: 100% of the estimated instruction fee is captured. Aircraft rental is not charged.
• Cancelled by instructor (weather, aircraft availability, medical, or other reasons): The authorization hold is released in full, regardless of timing.
• Aircraft rental is never charged for a lesson that does not fly. The 5% aircraft booking service fee only applies to captured aircraft rental amounts.

Instructors may, at their discretion, waive cancellation fees. AviPrep does not guarantee waivers and has no obligation to refund a captured cancellation fee unless required by law.

Flight Activities cancelled by the Provider or aircraft operator due to weather, mechanical, or regulatory factors will be released per the policy above or rescheduled at the Provider's discretion.

9. Code of Conduct

You agree not to:

• Violate any applicable laws or regulations, including the Federal Aviation Regulations
• Infringe upon the rights of others
• Harass, abuse, or harm other users
• Impersonate any person or entity, or misrepresent your certifications or qualifications
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to the Service
• Use the Service for any illegal or unauthorized purpose
• Transmit any harmful code or viruses

10. Intellectual Property

The Service and its original content, features, and functionality are owned by AviPrep and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Providers retain ownership of their lesson content and materials. By using the Service, Providers grant AviPrep a license to use, display, and distribute their content through the platform.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected
• Any Provider, aircraft, facility, or Provider Service will meet your expectations, be free from defects, or be suitable for your purposes

AviPrep makes no representation or warranty regarding the certifications, qualifications, conduct, or safety record of any Provider, or the airworthiness, insurance, or condition of any aircraft.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVIPREP AND THE OTHER RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR RELATED TO THE SERVICE, ANY PROVIDER SERVICE, OR ANY FLIGHT ACTIVITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF AVIPREP AND THE OTHER RELEASED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, OR ANY PROVIDER SERVICE OR FLIGHT ACTIVITY SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO AVIPREP AS PLATFORM OR SERVICE FEES (EXCLUDING AMOUNTS COLLECTED ON BEHALF OF PROVIDERS) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless AviPrep and the other Released Parties from and against any and all claims, damages, liabilities, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or related to:

• Your use of or access to the Service;
• Your participation in any Provider Service, Flight Activity, or aircraft rental arranged through the Service;
• Your breach of these Terms, including any representation or warranty you make in them;
• Your violation of any third-party right, including any intellectual property, privacy, publicity, or safety right;
• Your violation of any applicable law, rule, or regulation, including the Federal Aviation Regulations;
• If you are a Provider, any bodily injury, death, or property damage caused or alleged to have been caused to any Student, passenger, or third party in connection with your Provider Services, and any claim that a Provider is an employee or agent of AviPrep.

AviPrep reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AviPrep. You agree not to settle any matter subject to indemnification without the prior written consent of AviPrep.

15. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. The provisions of these Terms that by their nature should survive termination will survive, including Sections 5, 6, 11, 12, 13, 14, 17, and 18.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed only in the state or federal courts located in Broward County, Florida, and you consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

18. Contact Information

If you have any questions about these Terms, please contact us at: