WHEREAS, The Flying Country Club, Inc., hereinafter referred to as "Club", is the owner and operator of airplanes, and whereas _____________________________, hereinafter referred to as "Member", is a stockholder of The Flying Country Club, Inc. who desires to make use of said airplanes. NOW, therefore, in consideration of the mutual promises of the Club to make the planes available for the use of the Member, and the Member's agreement to make use of the planes, subject to the following terms and conditions, it is hereby agreed upon by the Club and Member as follows:
1. Membership. Membership in the Club is open to all stockholders of the Flying Country Club, Inc. subject to approval of a majority vote of the Board of Directors, under such terms and conditions as may from time to time be established by the Board of Directors of the Club.
2. Service and Rates. The Club will make available airplanes and the Member agrees to pay Club dues and charges for service and rental as calculated in accordance with the Club's then current rate sheet. A minimum charge of two hours average flight time per day will be charged for each day an airplane is used by Member and not available to other members. Such use shall be considered as the period between leaving and returning to home base.
3. Changes in Rates. Member agrees that the rates may be adjusted in accordance with changes in the rate schedule which may be put into effect by majority vote of the Board of Directors of the Club.
4. Payment. Member shall pay all charges as incurred and charges billed shall be deemed delinquent 15 days thereafter. If Member does not receive billing within 15 days it is the responsibility of the Member to inquire as to the status of his bill. When delinquent charges are outstanding, the Club will refuse to furnish any service under the terms of this agreement until the delinquency is paid in full. 1.5% per month interest will be charged on all past due accounts.
5. Termination of Membership Agreement. This Membership Agreement may be terminated in any one of the following ways:
a. By transfer of the stock interest of a Member that leaves the Member with less stock than necessary to remain in the minimum stock category on the rate sheet as may be put into effect by majority vote of the Board of Directors. Insofar as dues are payable in advance, dues shall be paid prorata from the 1st of the month if transfer of stock from Members ownership or control after the 1st of the month and the Member has complied with Paragraph 5.d. of this Agreement.
b. By the Club if it discontinues business for which it is incorporated.
c. By the Club for violation by Member of any of the other provisions of this Membership Agreement, including the provisions having to do with safe and legal operation of aircraft. In such case, Club shall charge such sum as may have been incurred as expenses by reasons of such violation.
d. By Member, after one year of dues membership, any time upon sixty days written notice to any Director or Officer. If such notice is given by United States Mail it will be deemed given at the time of postmark. Termination is complete upon receipt of his payment in full for the charges billed through the end of the notice period. Upon such termination, should Member, at a future time, desire to reinstate this Membership Agreement, said Membership Agreement may be reinstated, and the reinstated Member considered a new Member.
e. By failure of the Member to pay charges as provided in paragraph 4. within one year unless such non-payment is approved by a majority of the Board of Directors of the Club. Termination of the Membership Agreement under the provisions of this sub-paragraph shall be subject to the same reinstatement requirements as set forth in Paragraph 5.d.
6. Obligations of Club. Club agrees to:
a. Provide suitable storage space or tie downs at its established base of operations.
b. Endeavor to maintain airplanes in airworthy condition at all times.
c. Carry liability insurance covering third party, personal injury, and property damage in such amounts and under such conditions as the Board of Directors may from time to time, determine. Any insurance policy or policies obtained under the provisions of this paragraph shall be available for inspection by any Member at reasonable times.
d. Endeavor to maintain an environment that will promote safety and increase the piloting skills of Member.
7. Rights of Club. Club reserves the right to ground any Member for a period of up to 30 days for any and all violations of this Membership Agreement or violations of safe flying practices.
8. Obligations of Club Member. Member agrees to:
a. Be personally an occupant of the aircraft at all times during its operation under this Membership Agreement, and to use said aircraft only for his personal and private business and pleasure, and only at such times as the Member is Pilot-in-Command.
b. Use only instructors approved by the Club.
c. Except in the case of emergency, to make landings only at airports designated on a then current chart, plus designated Restricted Landing Areas.
d. To be responsible for the proper hanger or tie down of aircraft after use of such aircraft, and be responsible for all charges therefore.
e. On all cross-country flights, to indicate the destination of the flight in the reservation book maintained by the Club, and to file an appropriate flight plan for all flights in excess of 200 nautical miles, or for all flights involving night operation or operations over mountain or desolate areas.
f. Fly at all times in strict observance of FAA and State regulations, local field rules, airplane operating limitations, approved cockpit procedures, and any filed flight plan.
g. Be subject to a flight check by a Club instructor for each type aircraft, and to receive such instruction as may be prescribed by the Club or required by our Insurance Policy.
h. Be subject to checks of logbooks and other pilot qualifications data or certificates by the Board at their request.
i. Be responsible for all damage to the aircraft while in your care to the extent of the deductible on the airplane coverage, whether such deductible is imposed by reason of a contract provision in an insurance policy issued by a licensed insuror or by virtue of the Club Investment Fund in the event the Club is acting as the self-insured with respect to the aircraft involved.
j. Assessment in the event of damage to Club planes, each active Member being assessed an amount equal to the cost of repairs minus the amount in the Insurance Investment Fund divided by the number of Members at the time of damage. Any amount so assessed may, at the option of the Member, be paid in a lump-sum or at a monthly rate of $15.00 per month until the amount of the assessment is paid.
k. Schedule with Club in advance for the use of airplanes. In the event an aircraft is used for more than the scheduled time, it shall be the responsibility of the Member to notify the Club of the reason for such excess and, except in the case of emergency as determined by the Board of Directors of the Club, the additional time shall be paid for at one and one-half time the normal rate for use of airplane. Member cannot reserve an airplane for more than 30 days in advance unless he is paying dues in that airplane dues category. Dues must be paid in any case for the calendar month for which the reservation is made.
l. Pay for the time reserved at the regular rates in the case time is reserved and not used unless the reservation is cancelled at least 12 hours in advance, except in the case of adverse weather conditions.
m. Member be responsible for adherence to proper overwater gear as required by the FAA and Coast Guard, and in the case of international flights for customs notification.
n. Member be responsible for the return of airplanes in his care to home field of operations regardless of reason, and shall be charged any expense incurred by Club for retrieval of such an airplane.
9. The member/applicant understands that personal references and credit records will be checked, and gives permission to do so.
| Dated: ____________________, 2000 | Signed: ___________________________ |
| (month - date) | |
| SS#: _______-_____-_______ | Address: __________________________ |
| Occupation: _______________________ | __________________________________ |
| Employer: ________________________ | |
| Signed: __________________________ | FLYING COUNTRY CLUB, INC. |
| Parent or Guardian | By: ______________________________ |
| Name & Title of Officer |