In consideration of the services of Windburn LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “WBL”), I hereby agree to release, indemnify, and discharge WBL, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in trackless train activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: slips and falls; accidents involving other trains or vehicles; collision with fixed or movable objects; injuries or accidents involving contact with the train; the negligence of other operators of electric trains, myself; or other persons who may
be present; bruises, abrasions, cuts, lacerations, sprains, strains, broken bones, fractures; musculoskeletal injuries including head, neck, and back injuries; transmissible pathogen or disease; exhaustion; equipment failure; my own physical condition, and the physical exertion
associated with this activity.
Furthermore, WBL personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. Indemnity, release and hold harmless agreement in favor of WBL. I hereby voluntarily release, forever
discharge and agree to indemnify and hold harmless WBL from any and all claims, demands, or causes of
action based upon or arising out of injuries, including death, to persons, or damages to or destruction of
property, sustained or alleged to have been sustained in connection with, arising out of, or in any way related to my participation in this activity or my use of WBL’s equipment or facilities, including any such claims, demands or causes of action which are based or founded, in whole or in part, upon the alleged negligent acts or omissions of WBL.
4. Should WBL or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against WBL, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against WBL on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at WBL. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
