Release of liability

[HOLDREKA]

Selling a kit helicopter in kit form . I have seen a release and indemnification of liability form at one time or another , but can't find it . Can someone help me locate the latest and greatest please . THANKS

[DennisFetters]

There is no such thing as a release of liability. In fact, you don't want to use a form-letter contract, because the court will see it as that.

You can not ask someone to give up their right to holding you responsible. All the fancy talk in those releases are invalid in every state.

But, you can legally buy their release!

Here is what you do;

Just write a simple contract, (that way it is not a form-contract and is made just for that sell between you and the buyer) stating that you are selling this aircraft to this person as-is, with no implied warranties that it will even fly, and is being sold as a project, and the new owner is accepting the fact that he is buying it that way and under that condition.

Furthermore, that the buyer agrees that you are selling him this unit at a substantial discount minus $500, for the sole reason of fair trade, that he will give up any claim of liability or damages that may occur from the use of this vehicle, so that you do not have to purchase liability insurance to protect you from this sale. And the buyer agrees that he is taking the responsibility of signing for anyone or any entity that may also have a claim.

--- In this way, you have made a fair and legal trade with the buyer. It is a signed and legal contract, and if he gets killed, and his family tries to sue you, it can be throwed out of court, because they can't sue you for the buyer signing off their claim of holding you liable. They have to sue the buyers estate for signing for them without their permission.

I've had to test this in court, and it held up.

[barnstorm2]

That is good to know.



.

[GyroDoug]

Dennis,

Thanks for sharing that information. That sounds like a good game plan for any of us that ever have to sell our projects, whether complete and flying or still in the process of being built. Nothing like someone else's experience to learn from. If we can just be wise enough to learn from it!!!

Thanks again.

Gyro Doug

[Chuck Roberg]

Since you are not selling a completed aircraft. I would follow Dennis advice.

Instead of calling it an "Aircraft" call it "Parts" or "Aircraft parts". Then there will be no confusion that you are not the one who build it.

[HOLDREKA]

Thanks for the quick response to this post. I have the kit sold and don't have a lot of time to pull this together. You pointed out things I'd never thought about. Hopefully this will keep me from having any problems in the future.

[Airone]

I have a copy of a Release form I signed for my pitbull gyroplane.

I tryed to resize it but its to big so if anyone wants a copy please email me at.
windstar_aviation@yahoo.com

I hope this helps