1.1. Introductory Remarks
UPRT Australia delivers instruction on upset prevention and recovery.
In advertising and marketing campaigns UPRT Australia publishes media on web platforms including Facebook and Instagram. Some of this media depicts aircraft performing expert and complex manoeuvres. This policy guides UPRT Australia, including appropriate disclaimers, when publishing such media and when giving instruction generally. The use of disclaimers seeks to, as far as possible, deter claims against UPRT Australia, and protect UPRT Australia from legal responsibility should a person cause injury, property damage or a breach of the law upon conducting or attempting to conduct a flight manoeuvre at some time after:
a) viewing UPRT Australia’s footage published in media; or U-P-002 1.0 2
b) engaging in UPRT Australia’s training services. An effective disclaimer means a person would face an obstacle to a successful civil action against UPRT Australia, even if the person claims he or she was inspired to perform the manoeuvre as a result of UPRT Australia’s media or training.
1.2. Governance
UPRT Australia’s Chief Executive Officer (CEO) is responsible for ultimately ensuring this policy is reviewed and implemented accordingly. The CEO may delegate the performance of this responsibility. This policy should be reviewed once annually and updated as need be, with reviews and updates noted in the document’s revision log.
2. Disclaimers in Media
This footage displays complex aerial manoeuvres for the purposes of education which should not be attempted even by qualified pilots without appropriate specialist training, certification and suitable flight conditions. Overlaid on footage or images depicting complex or dangerous manoeuvres,
All videos posted by UPRT Australia are Professionally performed aerial activities - do not attempt.
3. Disclaimers in Agreements
3.1. Trainee Engagement
Contract In the engagement contract (or the standard terms) between the trainee and UPRT Australia, the following clause applies to all students.
To the extent of the law, the [Participant] will indemnify and hold harmless [UPRT Australia] and its respective affiliates, officers, agents, employees and permitted successors against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees and costs of any kind or amount whatsoever which result from or arise out of any engagement or attempted engagement of the performances presented during the [Flight Training] or presented in media.
3.2. The [Participant] accepts full legal responsibility for any damage, harm, loss of life or breach of the law caused by the [Participant] engaging or attempting any manoeuvres or performances mirroring or inspired by those presented during the [Flight Training].
4. Disclaimers in Training Sessions and Hand-Out Materials
UPRT Australia’s training sessions
UPRT Australia provides information and training for upset prevention and recovery. To the fullest extent of the law, UPRT Australia does not assume any liability for death, injury, property damage, legal breach or other loss suffered by you during or after you receive the information and training. The instructors or administrators of UPRT Australia should verbally inform the trainees of this disclaimer, such as during the first session and prior to any practical demonstrations or exercises.
5. Pilot limitations
Pilots undertaking this training must meet the following requirements:
- Weigh less than 120kg
- Be less than 6’6” (198 cm) tall
- Be physically able to yourself in and out of the front cockpit
UPRT Australia uses a variety or aircraft dependant on the course. Each aircraft has weight limitations and the Pilots undertaking training must not exceed weight or height limitations. If concerned, please contact UPRT prior to training.
6. Cancellation/Postponement Policy
If you have to change your course dates, please let us know at your earliest opportunity.
Trainee Cancellation/Postponement:
- Greater than 2 weeks from the course date - no additional fee or forfeiting. If cancelled, the cost of the course will be refunded in full.
- 2 weeks to 7 days from the course date will incur $500 cancellation fee. To be paid prior to confirmation of your re-booking.
- Less than 7 days from the course date 50% of course cost. Full course cost to be paid prior to confirmation of your re-booking.
Late Cancellations
Where a booking is cancelled with less than forty-eight (48) hours’ notice prior to the scheduled commencement of training, the contracting student, organisation, or individual shall be liable for the instructor’s daily rate for the anticipated duration of the training engagement, in addition to any out-of-pocket expenses already incurred by UPRT Australia. This charge reflects the time allocated and the loss of opportunity to reallocate instructor resources.
Postponement advice from UPRT:
If a postponement is required due to aircraft unavailability or other reasons due to UPRT Australia, we will attempt to contact you and give you as much notice as we possibly can. In addition, as a thank you for your understanding, we will provide a free additional consolidation flight at the completion of your course. If we have to postpone your course due to weather forecasts, or other circumstances beyond our control that we cannot reasonably be held responsible for, we ask you for your patience and understanding in this case. As you know, aviation can be challenging and is dependent on a lot of factors, but in all cases, we will give you as much notification as possible of any changes or postponements that we can.
Off-Site Training and Associated Costs
Where Upset Prevention & Recovery Training (UPRT) Australia instructors, representatives, or contractors are engaged to deliver training or services at a location other than UPRT Australia’s nominated base of operations, all reasonable costs incurred in connection with such engagement shall be the sole responsibility of the contracting student or organisation. These costs include, but are not limited to, airfares, accommodation, ground transport (including taxis, rideshare services, and hire vehicles), meals, and a daily per diem charged at the current Australian Government rate, unless otherwise agreed in writing. In circumstances where UPRT Australia or its contractors are engaged to conduct work away from base and the contracting party subsequently cancels the engagement, the contracting party shall remain liable for all out-of-pocket expenses already incurred by UPRT Australia in reliance on the booking, including but not limited to accommodation, transport, and related costs. UPRT Australia reserves the right to request a deposit prior to confirming any off-site bookings, including but not limited to accommodation or travel arrangements. Deposits are non-refundable unless UPRT Australia is able to recover all costs associated with the booking. All cancellations remain subject to UPRT Australia’s Cancellation Policy, which should be read in conjunction with this clause.
Debt Recovery
If a student, organisation, business, or individual fails to pay monies owing to UPRT Australia for training or services provided, or amounts payable under UPRT Australia’s Cancellation Policy (refer to Point 6), UPRT Australia may engage a debt collection agency or commence legal proceedings to recover the outstanding amount. All costs associated with recovery, including debt collection fees, legal expenses, and administrative charges, will be the sole responsibility of the student, organisation, business, or individual in default.
