§ 100A.003.Warning Required

The signature requirement, and its final condition reaches further than any comparable provision in this code.

A participant must sign an agreement and warning statement before participating in any space flight activity, including the prescribed language and any other language required by federal law.

The prescribed language begins with the heading AGREEMENT AND WARNING: I UNDERSTAND AND ACKNOWLEDGE THAT A SPACE FLIGHT ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF A SPACE FLIGHT PARTICIPANT RESULTING FROM SPACE FLIGHT ACTIVITIES. I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM SPACE FLIGHT ACTIVITIES.

That is the agritourism wording with the activity changed, and the two provisions share a drafter's template.

Four conditions make the agreement effective: in writing; in a document separate from any other agreement other than a different warning, consent, or assumption of risk statement; printed in not less than 10-point bold type; and

signed by the participant on behalf of the participant and any heirs, executors, administrators, representatives, attorneys, successors, and assignees.

The last condition is the significant one. The signature binds the participant's estate and heirs — which matters because the realistic claim after a fatal space flight accident is a wrongful death action by survivors, not a claim by the participant.

The 75-series agritourism provision contains no equivalent, and its protection is correspondingly weaker against a death claim.