(hereinafter called “Passenger”) has acquired a ticket for and requests to ride a train owned and operated by Texas State Railroad Company (hereinafter called “Railroad”) and to enter Railroad’s premises on , 202_ .
Passenger fully realizes that its presence on Railroad’s premises involves danger and risk to Passenger, including the possibility of Passenger’s injury or death and damage to or loss of Passenger’s property.
THEREFORE, in consideration of Railroad’s permitting Passenger to enter onto its premises, ride its train, and exercises/activities incidental thereto, Passenger HEREBY RELEASES, DISCHARGES, DEFENDS, SAVES HARMLESS, ASSUMES THE RISK OF AND LIABILITY FOR, AND INDEMNIFIES RAILROAD, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AND PARENTS FROM ANY AND ALL LIABILITY, CLAIM, DAMAGES, ATTORNEYS’ FEES, AND COSTS FOR (1) INJURY OR DEATH OF PASSENGER RESULTING FROM PASSENGER’S PRESENCE ON THE PREMISES AND/OR ON RAILROAD’S TRAIN AND (2)LOSS OF OR DAMAGE TO ANY PROPERTY WHICH OCCURS AS A RESULT OF PASSENGER’S PRESENCE ON THE PREMISES AND/OR ON RAILROAD’S TRAIN. THIS RELEASE, INDEMNITY OBLIGATION, ASSUMPTION OF RISK AND LIABILITY ASSUMED BY PASSENGER SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE IMAGE, DEATH, AND/OR PROPERTY DAMAGE WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILROAD, ITS AGENTS, SERVANTS, OR EMPLOYEES, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILROAD.
Railroad shall have the right to terminate this agreement immediately if Railroad finds that Passenger is doing anything while on Railroad’s premises or train in an unsafe manner or performing unsafe acts.
Except with the express permission of Railroad, Passenger will not operate, lift, move, or manipulate any of Railroad’s equipment or other property.
To the maximum extent possible, each provision of this agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this agreement shall be prohibited by, or held to be invalid under applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision, or any other provision of this agreement.
I understand and agree that my agreement to this Release and Indemnity Agreement is in partial consideration for, and is a condition of, Railroad’s agreement to allow me to enter Railroad’s premises and ride on Railroad’s train.
I HAVE READ THIS ENTIRE TWO-PAGE RELEASE AND INDEMNITY AGREEMENT, AND ALL OF ITS TERMS ARE UNDERSTOOD AND ACCEPTED:
Signature of Passenger:
If Passenger is a minor, I am signing on Passenger’s behalf. Relationship to Passenger: _
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Because of special, incidental or consequential situations that may be out of our control, Texas State Railroad reserves the right to adjust our operation between the date of your booking and the day of departure. These changes could include (but not be limited to): locomotive power for the day, passenger car assignments, layover and/or meal time during the four-hour ride and departure and/or arrival times. Thanking you in advance for your consideration.