Club Bylaws
BYLAWS OF My Flying Club LLC.
(Revised and effective 03/20/2023)
Contents
1 ARTICLE I - Name
2 ARTICLE II - Location
3 ARTICLE III - Purpose
4 ARTICLE IV - Membership
5 ARTICLE V - Compensation and Reimbursement
6 ARTICLE VI - Fiscal Responsibility
7 ARTICLE VII - Amendments
8 ARTICLE VIII - Operational and Financial Rules
9 ARTICLE IX - Indemnification and Insurance
The following are the Bylaws of My Flying Club LLC. The Club requires each member to be familiar with, and abide by, these Bylaws.
ARTICLE I - NAME
1.1 Name.
The name of this Club shall be My Flying Club LLC, herein referred to as “the Club”.
ARTICLE II - PRINCIPAL LOCATION
2.1 Location.
The principal aircraft location of the Club's Aircraft is located at:
3717 John J Montgomery Dr.
San Diego, CA 92123
County of San Diego
The location of the aircraft home base may be changed from time to time.
ARTICLE III - CLUB PURPOSE AND ACTIVITIES
The purpose of the Club is to:
3.1 Provide a vehicle for independent flight instructors and their students to train together without the need for club initiation fees.
3.2 Provide a dues free vehicle for independent flight instructors to perform introductory flight lessons with their prospective students.
ARTICLE IV - MEMBERSHIP
4.1 Applicants for membership must hold or be in the process of obtaining a Pilot Certificate.
4.2 Applicants become full members in good standing once:
4.2.1 the Club receives a properly completed membership application
4.2.2 the non-instructor applicant pays the first two months dues
4.2.3 the club receives copies of instructor applicant's pilot certificate, flight instructor certificate, medical certificate, and proof of experience requirements being met
4.2.4 the instructor applicant's qualifications are verified by the Operations Manager
4.2.5 the club receives a copy of the applicant's government issued photo ID
4.2.3 the applicant’s application is approved by the Operations Manager
4.3 Airplane Lessors as Members.
4.3.1 Aircraft owners who lease aircraft to the Club (“Airplane Lessors”) must be members of the Club if they
desire to fly their own aircraft and exercise any other privileges of membership.
4.4 Instructor Members must have at least 250 hours total time, 50 hours of dual instruction given, 25 hours in each model flown and an aircraft checkout in each model flown in order to provide instruction in a club aircraft. 50 hours of dual instruction is not required if instructor is only using the aircraft for introductory flight lessons which require the instructor perform the takeoff, landing, and all taxiing/ground operations. 25 hours in make and model is not required if the checkout in make and model is completed with the club's Operations Manager.
4.5 Applicable Rules.
4.5.1 Each member privileged to pilot Club aircraft shall be subject to all Club Bylaws, Operational Rules, and Financial Rules as listed on the club website at time of flight initiation.
4.6 Accidents and Incidents.
4.6.1 Any member operating a Club aircraft that is involved in an accident or incident resulting in airplane
damage, other property damage, or personal injury, shall be automatically and immediately suspended as
a member and shall retain no member privileges until reinstated in writing.
4.7 Suspension of Membership.
4.7.1 Any Club member who operates an airplane in a reckless manner, or is careless with a Club aircraft so that
the aircraft is damaged or unfit to fly by the next Club member, or violates these Bylaws, Operational Rules,
or Financial Rules, may be suspended by the club's Operations Manager.
4.8 Revocation of Membership.
4.8.1 Membership is a privilege and can be revoked at any time by the club Operations Manager.
4.8.2 The Operations Manger shall be the only person authorized to reinstate a membership that has been suspended or terminated.
ARTICLE V – COMPENSATION AND REIMBURSEMENT
5.1 Compensation and Reimbursement.
5.1.1 The Operations Manager may receive compensation for their services and reimbursement of expenses.
5.1.2 The Operations Manager may contract out scheduling and aircraft cleaning services.
5.1.3 The Operations Manager may contract out some of their managerial duties.
5.1.4 The Operations Manager may provide flight instruction to members in the course of his or her duties acting as an employee of the club.
5.1.4.1 The Operations Manager may employ member flight instructors to perform the duty of providing flight instruction to members of the club.
5.1.4.2 The Operations Manager has sole discretion for determining aircraft rental and membership rates.
ARTICLE VI - FISCAL RESPONSIBILITY
6.1 Fiscal Year.
6.1.1 The Club’s fiscal year begins on 01 January and continues until 31 December of the same year.
6.2 Monthly Dues.
6.2.1 The monthly dues, sufficient to cover the fixed and administrative costs of Club operation, shall be
established by the Operations Manager as part of the annual budget.
6.3 Waiver of Dues.
6.3.1 In recognition of their contributions to the Club, the Club waives the monthly dues requirement for Operations Manager and for any member who is an Aircraft Lessor.
6.4 Payment of Dues.
6.4.1 Dues are charged to members monthly and are automatically charged to each non-instructor members’ credit card. Members must keep their credit card information current with the Club.
6.4.1.1 If the membership begins or is reinstated after being put on hold or suspended on any day other than the 1st of the month, that month's dues payment only entitles the member to the benefits of the club until the end of that month (calendar month).
6.4.2 Flight instructor members are not required to pay dues so long as they are actively instructing in the club.
6.4.2.1 Actively instructing is defined as having given at least 1 hour of dual flight instruction in a club aircraft in the two calendar months immediately prior to the month the dues would otherwise be charged.
6.4.2.2 Instructors whose membership is suspended or put on hold at the instructors request may not instruct or fly in a club aircraft until their membership has been reinstated by the Operations Manager.
6.4.3 Members who are also members of the military may request to have their membership put on hold, in which case their dues payments will also be put on hold.
6.4.3.1 Military members whose membership is suspended or put on hold at their request may not instruct in or fly in a club aircraft until their membership has been reinstated by the Operations Manager.
6.5 An applicant member may elect to have their membership automatically terminate at the end of the second calendar month of dues payment by checking the appropriate box on their membership application.
6.5.1 If a member's membership is automatically terminated per section 6.5, they may not fly or instruct in a club aircraft on or after the effective date of termination unless another club application is submitted and approved.
6.6 The first two calendar months of dues, once an application is approved, are nonrefundable regardless of whether the member flies in a club aircraft.
6.7 Hourly Flying Rates.
6.7.1 The hourly flying rate for each individual aircraft is determined solely by the Aircraft Lessor and provided to the Club in the Aircraft Lease Agreement. The Aircraft Lessor may modify the hourly flying rate by providing the Operations Manager with at least seven-days written notice.
6.7.2 The hourly flying rate for each aircraft will be provided on the club's website, the aircraft Operations Binder, and Schedulemaster.
6.7.3 Members are responsible for verifying the hourly flying rate prior to each operation of the aircraft.
6.7.4.1 Operations of the aircraft constitutes acceptance of the posted hourly flying rate by the member.
6.8 Payment for Flying Time.
6.8.1 Members shall pay for flying time immediately upon completion of each flight. The only acceptable forms of payment are credit card and PayPal.
6.8.2 The Operations Manager is exempted from section 6.8.1.
6.9 Collection and Fees.
6.9.1 Members may be required to pay a collection fee if they fail to pay for the flight immediately upon completion of the flight, pay an insufficient amount for the flight, or attempt to pay with another form of payment that is not honored.
6.9.2 The collection fee will be the sum of any legal and court fees if required to obtain payment and $25.
6.9.3 The above fees may be reduced or waived by the Operations Manager under special circumstances at their sole discretion on a case by case basis.
6.10 Aircraft Insurance.
6.10.1 The Club shall maintain a liability and hull insurance policy covering each aircraft in an amount specified by the Aircraft Lessor (Liability coverage shall not to be less than the minimum limits defined in the current Club insurance policy and acceptable to the insurance company. A copy of the Club’s aircraft insurance policy will, at the request of any member, be made available for that member to review. Members are encouraged to read the insurance policy to understand the terms of the coverage.
6.11 Member Responsibility for Aircraft Losses.
6.11.1 Members are held responsible for any damage or abuse to a Club aircraft. Repair costs for damages/abuse shall be charged to the member using the aircraft at the time of the damage or abuse, whether or not the member is directly responsible for the damage or abuse.
6.11.1 Members may be held responsible for any damage not reported in writing (text or email acceptable) prior to operating the aircraft unless they provide proof that the evidence occurred prior to their use. A picture of the damage with a date/time stamp prior to or during the aircraft pre-flight inspection should be taken and retained.
6.12 Insured Loss.
6.12.1 Whenever the Club’s aircraft insurance policy applies, even when the Club does not file an insurance claim because the loss is less than the deductible amount, the member shall be liable for the amount of the repairs up to Club’s insurance policy deductible limit as described in subsection 9.3.2, any amounts over the club's insurance policy limit awarded in court or through arbitration to parties other than the aircraft owner, and the amount of downtime compensation to the aircraft owner as determined in accordance with subsection 6.14 below.
6.13 Responsibility of Member to fully cooperate in court/arbitration.
6.13.1 Unless physically unable due to injury, the member shall provide all documentation and testimony requested by the club, the club's insurance provider, the aircraft owner, and law enforcement in the event of an accident or incident in a timely manner. Failure to do so will make the member solely responsible for any financial loss due legal awards incurred by the club, the aircraft owner, the club's insurance provider, and any physically or financially injured party.
6.14 Aircraft Downtime.
6.14.1 When the aircraft is returned back to service, the member shall be liable to the Club for an amount equal to one-third (1/3) of the aircraft’s hourly rental rate for each and every day the aircraft was out of service for repairs, for a maximum period of thirty (30) days. In turn, the Club shall pay this aircraft downtime compensation to the Aircraft Lessor after a valid insurance claim has been processed or after the Operations Manager's approval. In the event of a total loss, the number of downtime days shall be zero (0).
6.14.2 The amount of liability may be reduced at the aircraft owners discretion or by the Operations Manager if the Operations Manger determines that the repair was not completed in a timely manner.
6.15 Uninsured Loss.
6.15.1 Whenever the Club’s aircraft insurance policy does not apply, whether because the damage arises from causes not covered by the policy, because the policy limits are exceeded, or because the policy is canceled or voided due to the acts, omissions, negligence, or misconduct of the member, the member shall be liable for the total cost of the loss not covered by the insurance policy, including, but not limited to, compensation for downtime and any decrease in aircraft value due to damage history.
6.16 Indemnification and Assumption of Risk.
6.16.1 In addition to all other provisions of these bylaws, each member, and their heirs, successors, personal representative and assigns, release, acquit and covenant not to sue, and shall indemnify, defend, and hold harmless the Club, its Officers, Directors, agents, and employees for any liability, losses, or damages the Club may suffer as a result of an act by, or negligence of, the member while operating a Club aircraft. Each member must acknowledge and agree that he or she is accepting and using the Club’s aircraft in a used, “as is” condition, and that the Club does not and has not repaired, reconditioned, or maintained any Club aircraft. Each member must agree to assume all risks, and assumes full responsibility for risk of bodily injury, death or property damage associated with any Club aircraft and not to seek to hold the Club legally responsible for any such defects in Club aircraft before being allowed to use and fly Club aircraft.
6.17 Attorney Fees.
6.17.1 In the event of suit, collection costs and reasonable attorney fees are payable to the prevailing party.
8
ARTICLE VII – AMENDMENTS
7.1 Changes.
71.1 These Bylaws may be amended as needed, at which time notice will be given to members at the email address provided by them on Schedulemaster.
7.1.2 All members are responsible for keeping their email information up to date and to ensure any email sent from My-FlyingClubOps@gmail.com does not go to their spam of junk mail folder.
7.1.3 Use of a club aircraft after notice has been sent out shall constitute consent to the amended bylaw terms.
ARTICLE VIII - OPERATIONAL AND FINANCIAL RULES
8.1 Operational Rules.
8.1.1 Operational Rules deemed necessary for safe and efficient flying operations shall be established, revised, or revoked by the Operations Manager
8.2 Financial Rules.
8.2.1 Financial Rules, not inconsistent with these Bylaws, deemed necessary for the financially safe and operationally efficient running of the Club may be established, revised, or revoked by the Operations Manager. These Financial Rules may include, but are not necessarily limited to, the following: minimum liability and hull insurance standards, aircraft rental rates, initiation fees and monthly dues for members, responsibility of members for damage to aircraft, and payment requirements and amounts for fees, dues, and/or aircraft rentals. Should a Financial Rule be found inconsistent with these Bylaws, the Financial Rule shall be nullified and the Bylaw rule applied.
ARTICLE IX - INDEMNIFICATION AND INSURANCE
9.1 Right of Indemnity.
9.1.1 To the full extent permitted by law, the Club shall indemnify its Operations Manager, Officers, employees and agents, including persons formerly occupying any such position, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any "proceeding," as that term is used in such Section and including an action by or in the right of the Club, by reason of the fact that such person is or was a person described by such Section.
9.2 Advancement of Expenses.
9.2.1 To the full extent permitted by law and except as is otherwise determined by the Operations Manager in a specific instance, expenses incurred by a person seeking indemnification under these Bylaws in defending any proceeding covered by these Bylaws shall be advanced by the Club prior to the final disposition of the proceeding upon receipt by the Club of an undertaking by or on behalf of such person that the advance will be repaid unless it is ultimately determined that such person is entitled to be indemnified by the Club.
9.3 Insurance.
9.3.1 The Club shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its Officers, Managers, employees and other agents of the Club, against any liability asserted against or incurred by an officer, manager, employee, or agent in such capacity or arising out of the officer's, manager's, employee's or agent's status as such.
9.3.2 The Insurance Deductible amount shall be listed on the "Rates" page of the Club's website and updated annually with the renewal of the Aircraft Insurance Policy.