EXPERIMENTAL AMATEUR-BUILT AIRCRAFT PURCHASE AND SALE AGREEMENT WITH WAIVER AND RELEASE OF LIABILITY

THIS EXPERIMENTAL AMATEUR-BUILT AIRCRAFT SALE AGREEMENT (AGREEMENT) is made this ___ day of ________, 20__, between ______________________, (Seller), and _______________ (Purchaser).

WITNESSETH:

That for and in consideration of the premises, and of the mutual promises, covenants, stipulations, and agreements hereinafter contained, and for and in consideration of __________________ Dollars ($______) paid by Purchaser to Seller, Seller and Purchaser have agreed, and by these presents, do agree as follows:

1. Seller agrees to sell to Purchaser a(n) _______________ aircraft, Federal Aviation
   Administration (FAA) registration number N__________, and Aircraft serial number ____________, an experimental amateur built aircraft (Aircraft).
   
2. Seller conveys Aircraft free and clear of all liens, claims, and encumbrances as are actually known to Seller. Purchaser acknowledges that Purchaser has conducted an aircraft title search or has had the opportunity to conduct an aircraft title search and is satisfied with the status of the title of Aircraft.
   
3. Purchaser shall pay any and all taxes including, but not limited to, sales taxes and use taxes, duties, fees, or other obligations assessed or levied by any federal, state, or local authority as a result of the conveyance, sale, delivery, registration, or transfer of ownership of Aircraft.
   
4. Purchaser acknowledges that Aircraft was designed and constructed as an Experimental amateur-built aircraft and is not designed nor built to meet any standards of airworthiness as with a standard certificated aircraft. Further, Purchaser acknowledges that Aircraft does not have an FAA Form 8130-9 “Statement of Conformity” on file, with the FAA, since there is no FAA Approval data to which it conforms. Further, Purchaser acknowledges that this is an experimental amateur-built aircraft which the builder and owner are or were the experimenters, and that Aircraft was not built in a permanent jig and parts are not interchangeable with any other aircraft of the same facsimile. Purchaser understands that the registered owner is free to make such modifications or changes as he, she, or it wishes. Purchaser acknowledges that Aircraft was certified in the Experimental (Amateur-Built) Category and, as a result, may or may not contain structural and/or design defects or inadequate and/or inappropriate materials or components, and that this Agreement neither includes nor provides any assurances that Aircraft is complete, airworthy, insurable, fit for service, or capable of being licensed or authorized for any flight, use; or operational activities of any kind or nature whatsoever. Purchaser acknowledges and agrees that all decisions, judgments, or inspections related to the conveyance, sale, delivery, registration, or transfer of ownership of Aircraft are exclusively those of Purchaser and are Purchaser’s sole and absolute responsibility.
   
5. AIRCRAFT IS SOLD ON AN AS IS AND WITH ALL FAULTS BASIS FOR REASON THAT THE BUILDER OF AIRCRAFT WAS AN AMATEUR BUILDER AND AIRCRAFT DOES NOT COMPLY WITH THE FEDERAL SAFETY REGULATIONS FOR STANDARD CERTIFICATED AIRCRAFT, SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER TO PURCHASER AND ANYONE ELSE INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS OF AIRWORTHINESS, MERCHANTABILITY, AND/OR FITNESS FOR PURPOSE, EXCEPT SELLER AGREES THAT AIRCRAFT WILL BE DELIVERED WITH AN APPROPRIATE BILL OF SALE IN THE STANDARD FAA FORM. FURTHER SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER THAT AIRCRAFT IS COMPLETE, AIRWORTHY, INSURABLE, FIT FOR SERVICE, OR CAPABLE OF BEING LICENSED OR AUTHORIZED FOR ANY FLIGHT, USE, OR OPERATIONAL ACTIVITIES OF ANY KIND OR NATURE WHATSOEVER. PURCHASER ACKNOWLEDGES AND AGREES THAT AS OWNER OF AIRCRAFT, PURCHASER SHALL BE RESPONSIBLE FOR ITS AERODYNAMICS AND STRUCTURAL CONCEPT AND FOR THE PERFORMANCE AND FITNESS FOR PURPOSE OF EVERY PART AND PIECE OF AIRCRAFT. ADDITIONALLY, SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER TO PURCHASER AND ANYONE ELSE FOR ANY FLYING OR GROUND HANDLING CHARACTERISTIC, FOR THE STRUCTURAL INTEGRITY, OR FOR ANY FEATURE, PART OR COMPONENT OF AIRCRAFT.
   
6. Seller has made Aircraft available to Purchaser at Purchaser’s convenience without limitation prior to the delivery of Aircraft to enable Purchaser to have a PRE-PURCHASE INSPECTION performed by Purchaser or Purchaser’s agent. Accordingly, Purchaser acknowledges that Purchaser has had Aircraft and its records inspected by an FAA licensed mechanic or by an FAA approved repair station. Purchaser acknowledges that Purchaser is satisfied with the workmanship and condition of Aircraft and that it is suitable for Purchaser’s own purposes.
   
7. Seller will transfer to Purchaser, at the time of the delivery of Aircraft, such log books and other records, if any at all, pertaining to Aircraft which are in the possession of Seller. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER AS TO ANY LOG BOOKS OR OTHER RECORDS PERTAINING TO AIRCRAFT AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, OR VERACITY OF ANY LOG BOOKS OR OTHER SUCH RECORDS PERTAINING TO AIRCRAFT.
   
8. PURCHASER HEREBY WAIVES AND RELEASES ______________________ THE BUILDER/SELLER FROM ANY AND ALL CLAIMS, LOSES, DEMANDS OR LIABILITY OF EVERY KIND WHICH SUCH PERSON OR PERSONS MAY HAVE, OR CLAIM TO HAVE, AGAINST SAID BUILDER/SELLER BY REASON OF ANY INJURY, DEATH OR PROPERTY DAMAGE OF ANY KIND SUSTAINED WHILE BEING AN OWNER, AN OPERATOR, A PILOT, OR A PASSENGER IN THIS AIRCRAFT. THIS WAIVER AND RELEASE IS BINDING ON THE HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS OF THE PURCHASER, SUBSEQUENT OWNER, PILOTS AND PASSENGERS.
   
9. Purchaser shall defend, indemnify, and hold Seller harmless from each and every claim made against Seller as a result of Purchaser’s ownership, possession, use or operation of Aircraft from the date of this Agreement.
   
10. This Agreement shall be binding upon the agents, servants, employees, officers, directors, successors, assigns, heirs, next of kin, and personal representatives of both Seller and Purchaser.
    
11. Purchaser agrees that Purchaser shall not make any modification to Aircraft and agrees not to use or exchange any components or accessories of Aircraft without the written authorization and approval of the FAA, Aircraft kit manufacturer, Aircraft designer, or any successors or assigns thereof, whichever is required or necessary.
    
12. Purchaser agrees to purchase and install promptly all mandatory changes, modifications, alterations, or improvements designated by the FAA, Aircraft kit manufacturer, Aircraft designer, or any successors or assigns thereof, whichever is required or necessary, and shall perform any other inspections, maintenance procedures, and repairs recommended or required by the FAA, Aircraft kit manufacturer, Aircraft designer, or any successors or assigns thereof, whichever is required or necessary.
    
13. This Agreement shall be governed by and construed in accordance with the laws of the State of _______________.
    
14. In any action brought to enforce or to interpret this Agreement, the Prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees including, without limitation, attorneys’ fees incurred in connection with any appeal proceeding, and the sole and exclusive venue of any such action shall be in a court of appropriate jurisdiction for the County of _____________, State of ____________, or in the United States District Court for the judicial district in which the County of _____________, State of ______________, is or may be located. Seller and Purchaser renounces and waives any right to have any such controversy litigated in any other place whether pursuant to the doctrine of forum non conveniens or otherwise. Seller and Purchaser renounce and waive any right whatsoever to a trial by jury.
    
15. This Agreement shall not be modified, revised, or amended except by an instrument in writing agreed to and signed by both Seller and Purchaser.
    
    If any part of this Agreement shall prove to be invalid or void, it shall in no manner affected or impair any of the remaining provisions of the Agreement which can be given effect without the invalid or void part.
    
16. Purchaser is under no legal disability and has relied upon the advice and representation of an attorney of his own selection, or has had the opportunity to do so, prior to executing this Agreement. Further, Purchaser affirms that Purchaser has read and fully understands this Agreement, and has been fully advised as to the legal effects thereof or has had the opportunity to do so, prior to executing this Agreement.

IN WITNESS WHEREOF, Seller and Purchaser have caused this Agreement to be executed on the day, month, and year first above written.

Signed and sealed in the presence of:

___________________________________ Witness ___________________________________ Print Name __________________________________ Witness __________________________________ Print Name	PURCHASER ________________________________ Print Name: ______________________ Address: _________________________
___________________________________ Witness ___________________________________ Print Name ___________________________________ Witness ___________________________________ Print Name	PURCHASER’S SPOUSE Print Name: ______________________ Address: _________________________
___________________________________ Witness ___________________________________ Print Name ___________________________________ Witness __________________________________ Print Name	SELLER Print Name: ______________________ Address: _________________________