§ 100A.004.Agreement Effective and Enforceable

A provision that removes the two doctrines such agreements would ordinarily face.

An agreement between a space flight entity and a participant limiting or otherwise affecting liability arising out of space flight activity is effective and enforceable and is not unconscionable or against public policy.

Unconscionability and public policy are the standard attacks on a pre-injury liability waiver, and Texas courts scrutinise them closely — particularly where the risk is severe and the bargaining positions unequal.

A waiver of liability for death on a commercial spaceflight would invite both arguments, and this section forecloses them by legislative declaration.

The section is broader than the warning provision it sits beside. That one prescribes a particular agreement and makes it effective on four conditions. This one validates an agreement limiting or otherwise affecting liability generally.

So a negotiated waiver going beyond the statutory form is enforceable too.

Subsection (b) sets the floor. No agreement may limit liability for injury proximately caused by gross negligence evidencing wilful or wanton disregard for the safety of the participant, or intentionally caused by the entity.

That matches the exceptions in the limited liability section exactly, so the contractual and statutory protections stop at the same point — a party cannot contract past the statutory floor.