Services -
HAWKER CONTRACT PILOT
spencer@hawkercontractpilot.com
951.514.9094
Spencer D Fogleman
ATP HS-125 Typed with 700 & 800XP Diff
RA-390 Premier 1A Single Pilot Typed
4028 Florida St. # 5
San Diego, CA 92104
951.514.9094

spencer@hawkercontractpilot.com
www.hawkercontractpilot.com



Pilot Services Agreement Contract


This is a pilot service agreement contract between Pilot: Spencer D Fogleman  and the
Operator/Client________________________ of Hawker/Premier N_______________
made _____________ (mm/dd/yy).
Spencer Fogleman’s Pilot Services to the aforementioned Operator/Client will begin on
_____________(mm/dd/yy) and continue until and end on ____________(mm/dd/yy)
regardless of the amount of “time flown” or the amount of “time away from base”.  Mr.
Fogleman reserves the right to terminate this contract at will and for any reason.  To comply
with contractual requirements of IRS’s “Hidden Employee” twenty question factor test (Section
530, IRS “Safe Harbor” Ruling, 1978 “Contractor Status”) and equally important, to preclude
any misunderstandings between us, you believe we have discussed the following:

Pilot Services:

Pilot services include any pilot duties regardless of crew member position i.e. (Captain or First
Officer or Co-Captain) rendered by Mr. Fogleman on any day.  Travel days and Layover days
are chargeable days and considered pilot services regardless of pilot duties performed.  Mr.
Fogleman’s pilot services will begin and end on the aforementioned date(s) to include all
travel and layover days.  Mr. Fogleman will ensure compliance with all applicable FAA
regulations and currency requirements on the Hawker HS-125 and Premier 1A.  Mr. Fogleman
also reserves the right to terminate this contract and pilot services at any time for any
reason.  

Pay:

Pilot services will be invoiced by Spencer D Fogleman, upon completion or termination of this
contract by either party, to the aforementioned Operator/Client at a rate of $650.00(us) the
first day and $625.00(us) each consecutive day thereafter.  Should Mr. Fogleman terminate
this contract before the agreed upon “ending” date, Mr. Fogleman will forfeit and wave any
rights to pay/compensation to those remaining days not serviced including the day Mr.
Fogleman terminated the contract.  Example: agreed dates of service = 01/15/07 to 01/20/07
(6 days total including travel and layover days).  Mr. Fogleman terminates contract on
01/19/07.   Mr. Fogleman will not be paid for services on the 19th or 20th regardless if pilot
services were rendered or not.  Mr. Fogleman will also incur the cost of the “change fee”
imposed by the airline on the return airline ticket supplied by the aforementioned
Operator/Client.  Should the aforementioned Operator/Client terminate the contract before
the agreed upon “ending” date(s), Mr. Fogleman will be paid for each day(s) pilot services
were rendered plus one extra day.  Example: agreed dates of service = 01/15/07 to 01/20/07
(6 days total including travel and layover days).  Operator/Client terminates contract on
01/17/07.  Mr. Fogleman will be paid for pilot services rendered for the 15th, 16th, 17th plus
one additional day at the rate of $625.00us.  The Operator/Client will also incur the cost of
the “change fee” imposed by the airline on the return airline ticket supplied by the
Operator/Client.  Should either Mr. Fogleman or the Operator/Client terminate the contract
before the beginning of the “start” date, this contract will be null and void.

Travel & Accommodations:

Should the flight for which pilot services are to be rendered originate at any of the following
airports:
KSAN        KLAX        KLGB        KSNA        KONT        KPSP or in the general area, Mr.
Fogleman will provide his own transportation at his own expense to any of those airports.
Should the flight for which pilot services are to be rendered terminate at any of the following
airports:
KSAN        KLAX        KLGB        KSNA        KONT        KPSP or in the general area, Mr.
Fogleman will provide his own transportation at his own expense from any of those aiports.
Should the flight for which pilot services are to be rendered originate or terminate at any
other airport other than the aforementioned airports the Operator/Client will pay for and
supply in advance a two way airline ticket originating from and returning to the same, one of
the following airport: KSAN.  Not to exceed two legs either direction.  The time(s) and flight
(s) for travel to and from will be agreed upon by both Mr. Fogleman and the Operator/Client.
Accommodations and normal travel expenses of a reasonable nature will be invoiced to and
reimbursed by the Operator/Client.  These would include but are not limited to: Hotel,
transportation, meals, laundry, tips etc.

Insurance Considerations:

The aforementioned Operator/Client hereby agrees to indemnify and forever hold harmless
Spencer D Fogleman, his heirs and relatives, from and against any liability, whatsoever
(including but not limited to reasonable attorney’s fees) arising out of or in any way
connected with any damage to or destruction of any aircraft or death, injury or loss resulting
from or occasioned by performance of the services rendered pursuant to this agreement.  
Furthermore, Spencer D Fogleman, and any named representative(s) shall be named as
additional “Insured” on policies of insurance covering the aircraft N__________.  The
Operator/Client shall obtain a waiver of subrogation from the hull insurance underwriters in
favor of Spencer D Fogleman, his heirs and relatives, in connection with these services.

As mentioned before, Mr. Fogleman will invoice services and expenses to the Operator/Client,
which are due and payable upon receipt.  Such “services” payments, excluding “expenses”
payments, should be reported on IRS Form 1099.  Check(s) should be made out to “Spencer D
Fogleman”.

If the above terms are understood and agreed upon, please sign and return to Spencer D
Fogleman.



_____________________  ______________________  _____________________
(Signature)                           (Name)                          (Title)                     



_____________________  ______________________
(Company)                     (Date mm/dd/yy)


Thank You Very Much For Your Business,

Spencer D Fogleman

Statement of “Contractor” status for IRS purposes (Section 530, IRS “Safe Harbor” Ruling,
1978)

I, Spencer D Fogleman do hereby certify that I am in business as a sole proprietor to provide
"Contract Pilot Services", to the general public, for aviation services as pertains to the flight
operation of aircraft owned or controlled by the "client." It is understood by the parties that
PILOT is an independent contractor with respect to the OPERATOR, and not an employee of
the OPERATOR. It is therefore understood and agreed, that the relationship of PILOT and the
OPERATOR is for the purpose of mutual benefit, and both parties will endeavor that end. As
an independent contractor, I agree to invoice said clients for services, and thereafter am
solely responsible for paying my own Federal Income Tax, Social Security Tax, and any Taxes
due the State of California where I reside and do business. I will not hold the client
responsible for any other benefits, workman's compensation, Social Security payments,
Unemployment Taxes or other payroll liabilities, nor would I deem to classify my services
under the auspices of "employee" as regards this relationship.
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