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Proposed Waiver Language: As a service to EAA members selling their Experimental Amateur-Built aircraft, EAA is providing this sample EXPERIMENTAL AMATEUR-BUILT AIRCRAFT PURCHASE AND SALE AGREEMENT WITH WAIVER AND RELEASE OF LIABILITY. It was developed by Pat Phillips, a member of EAA’s Legal Advisory Council, and he has used it over many years with his clients. This type of hold harmless agreement may not be recognized in some states or courts and it is not effective against third parties. This sample agreement is a good starting point for you and your attorney to draft an agreement to cover your specific situation. It should help prevent your attorney from having to “reinvent the wheel” and charging you for it! We stress that you should not simply “fill in the blanks”. It should NOT be used without the assistance of a qualified attorney. The sale of an aircraft that you built carries with it enough potential risks that the use of an attorney is warranted. The proper use of a waiver/release may help you better limit some of your exposure in the event of an accident. Your use of this sample agreement is subject to the following Terms of Use. Your agreement to these terms is consideration for EAA's provision of the service to you. If you do not agree then do not use the agreement. LIMITATION OF LIABILITY AND INDEMNIFICATION: THIS SAMPLE AGREEMENT IS PROVIDED TO ASSIST YOUR ATTORNEY WITH DRAFTING AN AGREEMENT FOR SELLING AN EXPERIMENTAL AMATEUR BUILT AIRCRAFT. THE EXPERIMENTAL AIRCRAFT ASSOCIATION (EAA) AND ITS EMPLOYEES, AGENTS, OR ANY OF ITS AFFILIATED OR RELATED ORGANIZATIONS DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER OF ITS MERCHANTANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE WHATSOEVER THAT THE VERBIAGE OR INTENDED OR EXPECTED USE OF ANY PART OF THE SAMPLE AGREEMENT WILL BE EFFECTIVE IN PROTECTING YOU FROM LEGAL LIABILITY. NEITHER THE EAA NOR ANY OF ITS AFFILIATED OR RELATED ORGANIZATIONS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THE COPY OR ANY PART OF THE COPY PROVIDED THROUGH THIS MEDIUM OR ANY OTHER MEDIUM OR SERVICE. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, DEATH, INJURY OR FAILED EXPECTATION. YOU SPECIFICALLY AGREE, ON YOUR BEHALF AND ON BEHALF OF YOUR HEIRS, EXECUTORS AND ASSIGNS, NOT TO BRING ANY LEGAL ACTION IN ANY FEDERAL OR STATE COURT OR OTHER COURT OF LAW OR EQUITY AGAINST THE EAA OR ANY OF ITS AFFILIATED OR RELATED ORGANIZATIONS UNDER ANY THEORY OF LIABILITY AND FURTHER AGREE TO INDEMNIFY AND HOLD EAA AND ITS AFFILIATED OR RELATED ORGANIZATIONS HARMLESS FROM YOUR BREACH OF THESE TERMS.  |
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