Pilot Services Agreement

It is highly recommended for Operators and Pilots to sign a Pilot Services Agreement before entering into a contract to ensure clear expectations, protect both parties’ rights, and minimize potential disputes. This agreement outlines critical terms such as payment, duties, liability, and confidentiality, creating a professional foundation for the working relationship. Recognizing the importance of this step, Flying Company has incorporated an automatic Pilot Services Agreement that is digitally signed by both parties before hire, streamlining the process while safeguarding everyone involved.

1. Pilot Services Agreement (PSA) Basics:

   1. This Pilot Services Agreement ("Agreement") is entered into between the aircraft Owner, Manager, or Operator (referred to as "Operator"), (First Last), and the Pilot Services Provider (referred to as "Pilot"), (First Last).

   2. The Operator owns or operates a (Type of Aircraft) with the Tail Number (Tail Number) and Serial Number (Serial Number). The Operator requests the services of the Pilot from (Date) to (Date).

   3. The Pilot is engaged in the business of providing pilot services and possesses all necessary certificates and ratings required to operate a (Type of Aircraft) under FAR Part 91.

2. Contract Rate:

   1. The Operator agrees to pay the Pilot for their services as mutually agreed upon and specified in the accepted quote.

3. Expenses:

   1. The Pilot will provide the Operator with estimated expenses in advance to the best of their ability. The Operator will reimburse the Pilot for approved expenses as agreed upon by both parties. Approved expenses typically include, but are not limited to, the following: Lodging, Ground Transportation, and Air Transportation.

   2. An automatic per diem for Pilot meals of $100/day will be calculated based on the trip duration and paid by the Operator to the Pilot.

4. Cancellation:

   1. In the event of flight cancellation after a Pilot has already been hired, the Operator will be responsible for paying 100% of the Pilot's single (1) flying-day rate, per diem, as well as any expenses already incurred by the Pilot that are non-refundable.

5. Payment:

   1. A down-payment equal to a single (1) day of Pilot Services & Per Diem will be charged to the Operator once a Pilot has been hired.

   2. Operator will pay the Pilot for both the remaining Pilot Services amount and Expenses through the FlyingCompany.com website upon completion of the trip. Additional fees paid by the Operator will be 1) 3% (credit card processing fee) on top of all expenses, and 2) 10% (service fee) on top of the Pilot Services Day Rate. However, if the Operator holds a subscription to Flying Company, they will not be required to pay the 10% service fee.

6. Duty Day:

   1. Duty Day shall not exceed 14 hours, including a mandatory 10-hour rest period. It encompasses a maximum of 10 hours of flight time and commences 1 hour before the first flight, concluding 30 minutes after the last flight. (Source: Flight Safety Foundation / NBAA Duty & Rest Guidelines for Business Aviation)

7. Safety of Flight:

   1. Pilots shall fulfill their duties and responsibilities regarding flight safety in accordance with applicable regulations.

   2. The pilot-in-command (PIC) bears sole responsibility for making decisions related to flight safety and reserves the right to terminate, refuse to initiate, or take any other necessary actions for the sake of safety, without incurring liability.

8. Insurance:

   1. The Operator must maintain insurance coverage for the aircraft and general aviation liability.

   2. The insurance policies must include the Pilots as additional insured parties and incorporate a waiver of subrogation clause.

   3. The insurance policies serve as the sole means for either party to seek compensation for any losses or damages.

   4. The Pilot shall not be held responsible for any losses or damages pertaining to the aircraft or their services.

   5. The Pilot will carry their own insurance coverage.

9. Maintenance:

   1. It is the Operator's responsibility to ensure the aircraft remains up to date with maintenance and inspections.

   2. In the event repairs are necessary during a trip, the Operator will coordinate them with the assistance of the Pilot.

10. Business Relationship:

    1. The Pilot will provide pilot services as an independent contractor, not as an employee of the Operator or of Flying Company Software, Inc. The Pilot as an Independent Contractor will be granted freedom in completion of their pilot services and is allowed to offer pilot services to other businesses.

    2. The Operator is not responsible for paying the Pilot's wages, taxes, insurance, or any other employee-type benefits.

    3. The Pilot is responsible for complying with all statutory and legal requirements related to independent contractors. The Pilot will indemnify and hold Flying Company Software, Inc. and the Operator harmless if anyone claims they are an employee of the Operator.

11. Dry-Lease (if applicable)

    1. If this flight is being conducted as a Dry-Lease, the following should be accomplished by the Lessee (“Operator”) and the Pilot.

       1. By signing this Agreement, the Operator acknowledges that they have “Operational Control” over this flight. According to FAR § 1.1: “Operational control, with respect to a flight, means the exercise of authority over initiating, conducting, or terminating a flight.”

       2. The Operator has reviewed and verified Pilot credentials, qualifications, and currencies.

       3. Operator, with the pilot-in-command’s assistance as required, has determined that the Aircraft is in an airworthy condition and otherwise equipped and in the condition required for the safe conduct of the flight(s) scheduled during the Lease Period.

       4. Operator and the pilot-in-command have reviewed and agreed upon, and the pilot-in-command has briefed the passengers as applicable with respect to, operational issues.

       5. For all flights, a copy of the lease and evidence that truth-in-leasing was complied with is on board as required under FAR § 91.23, as well as copies of all applicable Letters of Authorization for the flights to be conducted by Operator.

       6. For international flights, all required documents are available or have been filed, including all applicable FAA and US and/or foreign customs documents.

12. Non-Disclosure Agreement

    1. The Pilot agrees not to disclose any confidential information, particularly passenger details, to any third party without explicit consent from the Operator. The confidential information is defined as information not generally known to the public, including the names of passengers, itinerary, and flight times. Exceptions are made if the confidential information becomes public through no fault of the pilot or was previously known or independently developed by the pilot.

13. Non-Circumvention of Payment System

    1. Service fees are integral to the continuous improvement of FlyingCompany.com, fostering an enriched experience for both aircraft Operators and Pilots.

    2. Users of FlyingCompany.com are obligated to respect the integrity of our platform by not bypassing or avoiding its payment processing system. They are also committed to refrain from directly engaging with other users that were discovered through the platform, ensuring all transactions are processed within the platform's secure and trusted system.