REFUND POLICY
OF
MAGNOLIA AVIATION SERVICES, LLC
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Magnolia Aviation Services, LLC establishes the following binding terms and conditions:
1. Purpose and Scope.
This Refund Policy of Magnolia Aviation Services, LLC, a Georgia limited liability company, together with any affiliated training division, academy program, website, or retail operation operated under its control, including Magnolia Aviation Academy and Magnolia CFI Academy, if applicable, and whether operating under the Magnolia brand or any affiliated trade name, is adopted effective as of the Effective Date stated above and shall govern all purchases, deposits, enrollments, tuition payments, account balances, training fees, rental payments, merchandise transactions, and other sums paid by any customer, student, renter, patron, or purchaser to Magnolia Aviation Services, LLC. This Refund Policy expressly supersedes, replaces, and voids any and all prior refund policies, refund practices, refund representations, and inconsistent oral or written statements previously issued, published, communicated, or applied by Magnolia Aviation Services, LLC or by any of its owners, managers, instructors, agents, employees, or representatives.
2. General Applicability.
This Refund Policy governs all transactions with Magnolia Aviation Services, LLC unless a separate written agreement executed by an authorized representative of Magnolia Aviation Services, LLC expressly states otherwise. No oral statement, informal communication, text message, electronic message, social media communication, website content, advertisement, brochure, estimate, or prior draft shall modify this Refund Policy unless such modification is in a written instrument signed by an authorized representative of Magnolia Aviation Services, LLC. By purchasing any product or service from Magnolia Aviation Services, LLC, or by enrolling in or participating in any training activity, each customer and student agrees to be legally bound by this Refund Policy.
3. Retail Merchandise Purchases.
With respect to retail merchandise purchased online or in person, Magnolia Aviation Services, LLC may accept returns or exchanges only if the purchaser submits a return request within thirty days after the date of delivery, or, for in person purchases, within thirty days after the date of purchase. As a condition precedent to any return or exchange, the purchaser must obtain written return authorization by contacting in**@*********fi.com. No return or exchange shall be accepted without prior written authorization.
To be eligible for return or exchange, the merchandise must be new, unused, unwashed, undamaged, in original packaging, and in fully saleable condition as determined in the sole discretion of Magnolia Aviation Services, LLC. Clearance items, final sale items, custom products, personalized products, gift cards, and special order items are non refundable and non returnable under all circumstances, except to the extent otherwise required by applicable law.
If Magnolia Aviation Services, LLC approves a return, any approved refund shall be issued solely to the original form of payment, less all shipping charges, handling charges, payment processing fees, and any other non-recoverable transaction costs incurred by Magnolia Aviation Services, LLC. Magnolia Aviation Services, LLC reserves the right to refuse any return, exchange, or refund request that does not strictly comply with this Section.
4. Flight Account Deposits for Retail Flight Training and Aircraft Rental.
This Section applies only to retail funds placed on account for hourly aircraft rental, hourly flight instruction, or other pay as you go training or rental activities that are not part of a bundled academy program, structured package, or fixed tuition training program. This Section does not apply to any academy training program, accelerated course, bundled training package, or any other structured course of instruction governed by Section 5 of this Refund Policy or by a separate training agreement.
All sums placed on account for retail flight training or aircraft rental shall be treated as a general account balance available for future application to eligible training or rental charges. Such sums are not held in trust, are not segregated, and may be commingled with the general operating funds of Magnolia Aviation Services, LLC.
Any request for withdrawal or refund of flight account funds must be made in writing and delivered to Magnolia Aviation Services, LLC at in**@*********fi.com. If the funds sought to be refunded were deposited within one hundred eighty days before Magnolia Aviation Services, LLC receives the written request, Magnolia Aviation Services, LLC may, in its sole discretion, issue a refund of the unused balance, less a one hundred dollar administrative and accounting fee. Any funds deposited more than one hundred eighty days before receipt of the written refund request shall be non refundable.
Regardless of refund eligibility within the one hundred eighty day period, all retail flight account funds must be used within twelve months after the original deposit date. Any unused balance remaining after twelve months from the date of deposit shall expire and be conclusively deemed forfeited to Magnolia Aviation Services, LLC, without further notice, demand, or obligation to refund. The parties acknowledge and agree that this expiration and forfeiture provision is a material part of the consideration for Magnolia Aviation Services, LLC maintaining and administering the account balance.
If any payment was made through a third party lender, finance company, credit provider, or similar funding source, any approved refund shall be remitted first to the applicable funding source to the extent required by law, lending agreement, or payment processor rules, and Magnolia Aviation Services, LLC shall have no duty to remit such funds directly to the student or customer unless and until all obligations to the funding source have been satisfied.
5. Academy Training Programs and Structured Training Packages.
This Section applies to all academy training programs, accelerated courses, bundled instructional packages, fixed tuition programs, and structured courses of training offered by Magnolia Aviation Services, LLC, including, without limitation, any CFI Academy, CFII Academy, multi phase training package, or any other program marketed or sold as a bundled or structured course.
All academy and structured training programs are sold as comprehensive instructional packages and not as mere deposits against future hourly services. The tuition charged for such programs reflects the overall value of the bundled course, including instructional planning, curriculum design, administrative setup, scheduling priority, instructor allocation, operational reservation, aircraft planning, and the commitment of institutional resources in anticipation of the student’s participation and progress. The parties expressly acknowledge that the value of an academy or structured training program is not limited to the number of flight hours, simulator hours, or instructor contact hours actually consumed by the student.
For purposes of this Refund Policy, training shall be deemed to have commenced upon the earliest occurrence of any of the following: the student’s attendance at orientation, onboarding, briefing, ground instruction, flight instruction, simulator instruction, mock evaluation, stage check, or any scheduled training activity; the student’s receipt of access to course materials, syllabi, scheduling systems, training records, or instructional content; the assignment of an instructor, slot, schedule, or training start date; or the commencement by Magnolia Aviation Services, LLC of administrative, operational, or instructional actions specifically undertaken for that student’s enrollment.
Upon commencement of training, all tuition and program payments shall be deemed earned, applied, and non refundable, except to the extent a refund is expressly required by non waivable law. No refund shall be due or owing on account of partial attendance, voluntary withdrawal, non attendance, abandonment, dismissal, failure to complete within an expected timeframe, failure to achieve proficiency, failure to pass any internal evaluation, failure to pass any external evaluation, failure to qualify for endorsement, failure to obtain examiner availability, or failure to obtain certification.
The parties expressly agree that Magnolia Aviation Services, LLC provides proficiency based instruction subject to applicable Federal Aviation Administration standards and examiner requirements. Magnolia Aviation Services, LLC does not guarantee certification, checkride scheduling, examiner availability, training completion within any specified period, job placement, or any particular training outcome. If the student requires additional training, remediation, retraining, repeat events, repeat evaluations, or supplemental instruction because of proficiency deficiencies, knowledge deficiencies, skill deficiencies, missed events, lack of preparedness, regulatory requirements, examiner feedback, or any similar reason, such additional instruction shall be billed at Magnolia Aviation Services, LLC’s then current standard rates unless a different written rate is expressly stated in a signed writing.
Instructor changes, scheduling revisions, aircraft substitutions, weather interruptions, maintenance events, airport closures, airspace restrictions, regulatory changes, examiner unavailability, relocation of operations, or other operational contingencies shall not constitute a cancellation, breach, or failure of performance by Magnolia Aviation Services, LLC and shall not entitle the student to any refund, offset, credit, rescission, or chargeback.
6. Liquidated Damages for Academy and Structured Program Breach.
The parties acknowledge and agree that when a student enrolls in an academy or structured training program, Magnolia Aviation Services, LLC immediately commits substantial administrative, instructional, scheduling, and operational resources in reliance upon the student’s enrollment and agreement to participate. The damages resulting from a student’s cancellation, repudiation, abandonment, wrongful non payment, wrongful chargeback, or other material breach after such resources have been committed are difficult and impracticable to calculate with precision at the time of contracting because such damages include lost scheduling opportunities, displaced enrollment opportunities, administrative burden, instructor allocation losses, aircraft allocation losses, record keeping costs, and other direct and indirect operational impacts. The parties further agree that this Section is intended to provide for liquidated damages and not for a penalty, and that the amount stated below is a reasonable pre estimate of the probable loss likely to be sustained by Magnolia Aviation Services, LLC in the event of such breach.
Accordingly, if a student enrolled in an academy or structured training program cancels, repudiates, abandons, ceases participation without written release, initiates or causes a chargeback or payment reversal, fails to remain current on agreed payment obligations, or is terminated for material breach after Magnolia Aviation Services, LLC has committed resources to the student’s enrollment, then, in addition to Magnolia Aviation Services, LLC’s right to retain all sums otherwise earned and non refundable under this Refund Policy, Magnolia Aviation Services, LLC shall be entitled to liquidated damages in an amount equal to the lesser of one thousand five hundred dollars or fifteen percent of the total contracted program price. Any sums already paid by the student and retained by Magnolia Aviation Services, LLC on account of the student’s non refundable obligations may be applied toward satisfaction of this liquidated damages amount, but only to the extent such application does not result in double recovery for the same loss.
The parties agree that this liquidated damages provision is commercially reasonable, was specifically negotiated as part of the allocation of risk between the parties, and is material to Magnolia Aviation Services, LLC entering into the training relationship. If a court of competent jurisdiction determines that this liquidated damages provision is unenforceable as written, then Magnolia Aviation Services, LLC shall retain all rights to recover its actual damages and all other available contractual and legal remedies, subject to applicable law.
7. Chargebacks and Payment Disputes.
Before initiating any chargeback, reversal, dispute, or similar challenge to a payment, the customer or student must first submit a written request for review to Magnolia Aviation Services, LLC and allow Magnolia Aviation Services, LLC a reasonable opportunity to respond. Any chargeback, reversal, or payment dispute initiated in violation of this Refund Policy or in bad faith may be treated as a material breach of the parties’ agreement. Upon such breach, Magnolia Aviation Services, LLC may suspend training, deny scheduling, terminate enrollment, pursue collection, recover administrative costs, recover processing costs, recover attorneys’ fees and expenses to the extent permitted by law and contract, and assert all other available rights and remedies.
8. Right to Suspend or Terminate Services.
Magnolia Aviation Services, LLC reserves the right to suspend, deny, or terminate training, rental access, enrollment, merchandise transactions, or any other services at any time for safety concerns, regulatory concerns, misconduct, non compliance, non payment, disruptive conduct, dishonesty, misuse of equipment, violation of school policies, or any other conduct or condition that Magnolia Aviation Services, LLC determines, in its sole discretion, adversely affects safety, compliance, operations, personnel, equipment, or the learning environment. Except to the extent expressly required by non waivable law, no refund shall be due as a result of any such suspension or termination.
9. Governing Law and Venue.
This Refund Policy shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict of law principles. Any action arising out of or relating to this Refund Policy shall be brought exclusively in a state court of competent jurisdiction located in Hall County, Georgia, or, if jurisdiction exists, in the appropriate federal court serving that county, and each customer and student irrevocably consents to such venue and jurisdiction.
10. Severability.
If any provision of this Refund Policy is determined to be invalid, illegal, or unenforceable, the remainder of this Refund Policy shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be construed or modified to the minimum extent necessary to render it enforceable while preserving its intended commercial purpose to the greatest extent permitted by law.
11. Entire Policy; Supersession.
This Refund Policy constitutes the complete and exclusive statement of Magnolia Aviation Services, LLC’s refund terms and supersedes all prior and contemporaneous refund policies, refund representations, and inconsistent communications, whether oral or written. This Refund Policy may be amended only by a written instrument signed by an authorized representative of Magnolia Aviation Services, LLC.
12. Acknowledgment.
By making any payment to Magnolia Aviation Services, LLC, accepting any product or service from Magnolia Aviation Services, LLC, or enrolling in any training activity offered by Magnolia Aviation Services, LLC, the customer or student acknowledges that he, she, or they have read this Refund Policy, understand it, and agree to be legally bound by it.
