Appendix E to Part 440 - Agreement for Waiver of Claims and Assumption of Responsibility for a Space Flight Participant
14:4.0.2.9.22.3.30.1.35 : Appendix E
Appendix E to Part 440 - Agreement for Waiver of Claims and
Assumption of Responsibility for a Space Flight Participant
This agreement is entered into this __ day of ____, by
and among [name of Space Flight Participant] (the “Space Flight
Participant”) and the Federal Aviation Administration of the
Department of Transportation, on behalf of the United States
Government (collectively, the “Parties”), to implement the
provisions of section 440.17(e) of the Commercial Space
Transportation Licensing Regulations, 14 CFR chapter III (the
“Regulations”). This agreement applies to Space Flight
Participant's travel on [name of launch or reentry vehicle] of
[name of Licensee or Permittee]. In consideration of the mutual
releases and promises contained herein, the Parties hereby agree as
follows:
1. Definitions
Space Flight Participant means
(a) The above-named Space Flight Participant,
(b) All the heirs, administrators, executors, assignees, next of
kin, and estate of the above-named Space Flight Participant,
and
(c) Anyone who attempts to bring a claim on behalf of the Space
Flight Participant or for damage or harm arising out of the Bodily
Injury, including Death, of the Space Flight Participant.
License/Permit means License/Permit No. ____ issued on
____, by the Associate Administrator for Commercial Space
Transportation, Federal Aviation Administration, Department of
Transportation, to the Licensee/Permittee, including all
license/permit orders issued in connection with the
License/Permit.
Licensee/Permittee means the Licensee/Permittee and any
transferee of the Licensee under 51 U.S.C. Subtitle V, chapter
509.
United States means the United States and its agencies
involved in Licensed/Permitted Activities.
Except as otherwise defined herein, terms used in this Agreement
and defined in 51 U.S.C. Subtitle V, chapter 509 - Commercial Space
Launch Activities, or in the Regulations, shall have the same
meaning as contained in 51 U.S.C. Subtitle V, chapter 509, or the
Regulations, respectively.
2. Waiver and Release of Claims
(a) Space Flight Participant hereby waives and releases claims
it may have against the United States, and against its respective
Contractors and Subcontractors, for Bodily Injury, including Death,
or Property Damage sustained by Space Flight Participant, resulting
from Licensed/Permitted Activities, regardless of fault.
(b) The United States hereby waives and releases claims it may
have against Space Flight Participant for Property Damage it
sustains, and for Bodily Injury, including Death, or Property
Damage sustained by its own employees, resulting from
Licensed/Permitted Activities, regardless of fault.
3. Assumption of Responsibility
(a) Space Flight Participant shall be responsible for Bodily
Injury, including Death, or Property Damage sustained by the Space
Flight Participant resulting from Licensed/Permitted Activities,
regardless of fault. Space Flight Participant shall hold harmless
the United States, and its Contractors and Subcontractors, for
Bodily Injury, including Death, or Property Damage sustained by
Space Flight Participant from Licensed/Permitted Activities,
regardless of fault.
(b) The United States shall be responsible for Property Damage
it sustains, and for Bodily Injury, including Death, or Property
Damage sustained by its own employees, resulting from Licensed
Activities, regardless of fault, to the extent that claims it would
otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under sections 440.9(c) and (e), respectively, of the
Regulations.
(c) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage exceed the amount of insurance or demonstration of financial
responsibility required under section 440.9(e) of the
Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release
of Claims
(a) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Space Flight Participant,
and to agree to be responsible, for any Property Damage they
sustain and for any Bodily Injury, including Death, or Property
Damage sustained by their own employees, resulting from Licensed
Activities, regardless of fault.
(b) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(c), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Space Flight Participant,
and to agree to be responsible, for any Property Damage the
Contractors and Subcontractors sustain, resulting from Permitted
Activities, regardless of fault.
5. Indemnification
Space Flight Participant shall hold harmless and indemnify the
United States and its agencies, servants, agents, subsidiaries,
employees and assignees, or any of them, from and against
liability, loss or damage arising out of claims brought by anyone
for Property Damage or Bodily Injury, including Death, sustained by
Space Flight Participant, resulting from Licensed/Permitted
Activities.
6. Assurances Under 51 U.S.C. 50914(e)
Notwithstanding any provision of this Agreement to the contrary,
Space Flight Participant shall hold harmless the United States and
its agencies, servants, agents, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims for Bodily Injury, including Death, or Property Damage,
sustained by Space Flight Participant, resulting from
Licensed/Permitted Activities, regardless of fault, except to the
extent that, as provided in section 6(b) of this Agreement, claims
result from willful misconduct of the United States or its
agents.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by the United States of any claim by an employee of the
United States, respectively, including a member of the Armed Forces
of the United States, for Bodily Injury or Property Damage,
resulting from Licensed/Permitted Activities.
(b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility or
agreement to hold harmless herein shall not apply to claims for
Bodily Injury, including Death, or Property Damage resulting from
willful misconduct of any of the Parties, the Contractors,
Subcontractors, and agents of the United States, and Space Flight
Participant.
(c) This Agreement shall be governed by and construed in
accordance with United States Federal law.
In witness whereof, the Parties to this Agreement have
caused the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.
I [name of Space Flight Participant] have read and understand
this agreement and agree that I am bound by it.
Space Flight Participant Signature: Printed Name: Federal Aviation
Administration of the Department of Transportation on Behalf of the
United States Government By: Its: Associate Administrator for
Commercial Space Transportation [Doc. No. FAA-2012-0232, 77 FR
20535, Apr. 5, 2012]