SAND Participant Agreement & Waiver

A. Liability Insurance

  1. Participant, a duly licensed and registered corporation in the United States, agrees as a condition of participation in the SAND Challenge, to maintain throughout the term of the competition insurance covering claims for bodily injury, personal injury, death, property damage, or other loss or damages arising from any activities conducted under this Agreement at such limits and upon such terms as are acceptable to NASA in its reasonable discretion, and shall provide NASA acceptable evidence of such insurance.
  1. By signing this agreement, Participant certifies that an insurance policy is in effect, and is issued by companies with a credit rating of at least “A-” and a financial size category of at least “VIII” in the current edition of Best's Insurance Reports.
  1. In the event U.S. Government property is damaged as a result of activities conducted by Participant during the SAND Challenge, Participant (as an insured loss payee) shall be solely responsible for the repair and restoration of such property subject to NASA discretion. 

B. Waiver of Liability

  1. By Participant’s signing of this agreement, Participant agrees to assume any and all risks and hereby waives any claim against the Federal Government or one or more of its Related Entities (defined below) for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in the SAND Challenge competition, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct.
  1. Participant further agrees to extend this waiver to its related entities by requiring them, by contract or otherwise, to waive all claims against NASA and its Related Entities for injury, death, damage, or loss arising from or related to activities conducted under this Agreement.  For purposes of this Agreement, “Related Entities” shall mean contractors and subcontractors of NASA and the waiving Party at any tier; grantees, investigators, customers, and users of NASA and the waiving Party at any tier and their contractors or subcontractors at any tier; or, employees of NASA and the waiving Party. 
  1. Notwithstanding the other provisions of this agreement, the waivers of liability set forth in this above shall not be applicable to:
    • Claims between a Party to this Agreement and its own Related Entity or between its own Related Entities;
    • Claims for damage caused by willful misconduct;
    • Intellectual property claims;
    • Claims for damage resulting from a failure of a Party to extend the waiver of liability to its Related Entities, pursuant to paragraph B of this Article; or
    • Claims by a Party arising out of or relating to another Party's failure to perform its obligations under this Agreement.

C. Indemnification - Third Party Recoveries

In the event the U.S. Government incurs any liability directly resulting from Participant’s negligence or willful misconduct while participating in the SAND Challenge, Participant agrees to indemnify and hold the U.S. Government harmless against such liability, including costs and expenses incurred by the U.S. Government in defending against any suit or claim for such liability.

D. Intellectual Property

Selection to participate in the SAND Challenge does not, in any manner, constitute the grant of a license to Participant under any NASA copyright, patent, patent application, or other intellectual property.  Any use of NASA’s Safeguard technology outside of the SAND Challenge shall require an appropriate license.  Licensing of NASA’s inventions is governed by 37 C.F.R. Part 404 Licensing of Government-Owned Inventions.

Participant shall not download, in any manner, the Safeguard software from the Safeguard box, or otherwise access, in any manner, the Safeguard software.

All data generated during the SAND Challenge shall be the property of NASA, and may be publicly released in NASA’s sole discretion.  Subject to NASA’s data release processes and approvals, NASA will use reasonable efforts to provide to Participant, upon request, the GPS-location data, boundary violation data, and velocity flight path data tracked by Safeguard for Participant’s vehicle.  Participant further agrees to extend these intellectual property terms (D. INTELLECTUAL PROPERTY) to its related entities.

E. Media Release

Participant gives permission to be recorded, photographed and/or videotaped by or for NASA or its representatives during the SAND Challenge.

Participant further gives permission to NASA and its representatives to use, reproduce, prepare derivative works, publish, distribute to the public, perform publicly, and/or publicly display the aforementioned materials, including excerpts and any ancillary material, which include Participant’s name, affiliation (company), image, voice, and/or likeness.  NASA may distribute the materials, including excerpts therefrom, and any ancillary material through a variety of media in existence now or in the future, including but not limited to print, television, websites, radio, or any other means.  NASA may also permit a third party to exercise NASA’s rights, including but not limited to the right to display or distribute the recording, including excerpts therefrom, and any ancillary material, in any manner NASA deems appropriate.

Participant also understands that this permission to use Participant’s name, image, voice and/or likeness in such materials is not limited in time and Participant will not receive compensation for granting this permission. 

Participant acknowledges that NASA has no obligation to use Participant’s name, affiliation, image, voice, and/or likeness in any materials produced by NASA, but if NASA so decides to use them, Participant waives the right to inspect or approve any such use.

Participant hereby unconditionally releases NASA and its representatives from any and all claims and demands arising out of the activities authorized under this Media Release.

Participant further agrees to extend this Media Release (E. MEDIA RELEASE) to its related entities. 

F. Use of Safeguard

Should the participating company be selected to take part in the SAND Challenge, they must complete a property loan agreement and software usage agreement that will be provided upon selection.  Examples of those agreements will be provided on the website to expedite review.  In addition, by Participant’s signing of this agreement, Participant agrees to cooperate fully with NASA investigators (to include impoundment of the UAV) should a NASA mishap investigation occur in relation to the SAND Challenge.

G. Site Visit to Competitor's Location

Should the participating company be selected to take part in the SAND Challenge, the participating company must agree to a site visit by NASA to validate Safeguard technology integration with the applicant’s vehicle. 

Acknowledgment & Signature

Signature of Corporate Official *