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{"id":106,"date":"2021-03-29T14:02:58","date_gmt":"2021-03-29T14:02:58","guid":{"rendered":"http:\/\/aviationemergencyresponse.org\/?p=106"},"modified":"2025-10-21T04:27:19","modified_gmt":"2025-10-21T04:27:19","slug":"icon-to-customers-well-sell-you-our-aircraft-but-only-if-you-promise-not-to-sue-us","status":"publish","type":"post","link":"https:\/\/aviationemergencyresponse.org\/new\/2021\/03\/29\/icon-to-customers-well-sell-you-our-aircraft-but-only-if-you-promise-not-to-sue-us\/","title":{"rendered":"Icon to Customers: \u201cWe\u2019ll Sell You Our Aircraft, But Only If You Promise Not To Sue Us!\u201d"},"content":{"rendered":"By: Mark Dombroff<\/p>\n
It\u2019s a neat airplane.\u00a0 It lands on water!\u00a0 Its wings fold!\u00a0 It\u2019s composite! It even has a parachute!<\/p>\n
The Icon A5 is advertised as being designed to \u201chandle predictibly [and] like a well-mannered sports car.\u201d<\/p>\n
If you\u2019ve seen the A5 at any of the industry shows at which it\u2019s appeared, it is, undeniably, a cool airplane.\u00a0 What you may know about, but probably haven\u2019t seen, is the Aircraft Purchase Agreement and the Aircraft Operating Agreement, both of which A5 buyers are required to sign if they want to purchase the A5\u00a0[Link].<\/a><\/strong><\/p>\nAmong other provisions, the Agreements state:<\/p>\n
\n- the buyer cannot sue ICON or, alternatively, pay an extra $10,000 to buy the airplane<\/li>\n
- that the Agreements were \u201cdrafted jointly\u201d to avoid any presumption that ambiguous provisions are interpreted against ICON, the actual drafter<\/li>\n
- creates a \u201cManaging Pilot,\u201d who may be the \u201cOwner\u201d, an \u201cAffiliate\u201d or a \u201cnon-affiliate of Owner\u201d<\/li>\n
- obligates the \u201cManaging Pilot\u201d and the \u201cOwner\u201d, as a contractual matter, to undertake certain training and aircraft maintenance<\/li>\n
- obligates the \u201cowner\u201d to indemnify ICON if an accident occurs due to a breach of a provision of the Operating Agreement<\/li>\n
- mandates the aircraft will\/may be equipped with a video and a data recorder, with the recorders owned by ICON and the data collected by\/transmitted to ICON.<\/li>\n<\/ul>\n
It\u2019s pretty clear the owners of ICON are looking for a way to pro-actively avoid any liability exposure arising from the sale of their aircraft.\u00a0 Reportedly, there has been something of a negative response from prospective purchasers to these terms and, once again, reportedly, the company is going back to re-visit the terms of these agreements.\u00a0 The last chapter clearly isn\u2019t written.<\/p>\n
Decades ago, a well-known manufacturer decided to operate without products liability insurance.\u00a0 The owner\u2019s attitude was that if they had no insurance and an accident occurred, the plaintiff would sue others \u2013 avionics, engine or other manufacturers or maintenance facilities \u2013 and leave the air frame manufacturer alone.\u00a0 That worked just fine until it didn\u2019t, the result being a bankruptcy which lasted almost five years.<\/p>\n
Plane-ly Spoken will watch the ICON \u201cexperiment\u201d closely and keep you advised.