THIS AGREEMENT AFFECTS LEGAL RIGHTS. IT INCLUDES AN ASSUMPTION OF RISK; A RELEASE OF CLAIMS, INCLUDING CLAIMS BASED ON THE RELEASED PARTIES’ OWN ORDINARY NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY LAW; A COVENANT NOT TO SUE; INDEMNITY OBLIGATIONS; AND A JURY-TRIAL WAIVER. READ IT COMPLETELY BEFORE SIGNING. Form use: Each adult must complete and sign a separate Agreement. A parent or legal guardian may add only the minor children for whom that adult has legal authority. This Agreement applies to the ride identified below and related activities on that date. 2. Definitions and Scope “Activity” means the Heritage Rail Bikes recreational rail-bike experience and all related presence or activity before, during, or after the ride, including reservation and check-in; parking and presence on railroad, station, museum, depot, right-of-way, trail, or other premises; safety briefings; approaching, boarding, occupying, pedaling, controlling, stopping, turning, transferring, or exiting a rail bike; use of electric-assist, brakes, seat belts, and other equipment; stops, photographs, walking near or along track; delay, breakdown, rescue, evacuation, first aid, or transportation connected with the experience. The Activity is offered as a recreational excursion, not as point-to-point transportation. “Released Parties” means: (a) Heritage Rail Bikes, LLC; (b) BOLD Broadcasting, LLC d/b/a BOLD Media; (c) for a French Lick ride, Indiana Railway Museum, Inc. d/b/a French Lick Scenic Railway; (d) for a Willimantic ride, Connecticut Eastern Chapter, National Railway Historical Society, Inc. d/b/a Connecticut Eastern Railroad Museum; (e) the owners, operators, licensors, and lessors of the railroad, track, right-of-way, stations, depots, parking areas, and other premises used for the Activity; (f) any applicable municipality, public agency, railroad, host venue, sponsor, equipment owner, designer, manufacturer, distributor, vendor, or landowner; and (g) each foregoing person’s or entity’s past and present parents, subsidiaries, affiliates, owners, members, managers, directors, officers, employees, guides, agents, volunteers, contractors, subcontractors, representatives, insurers, successors, and assigns. 3. Eligibility, Fitness, and Voluntary Participation • Voluntary choice. I understand that participation is optional; I may decline, ask questions, or stop before departure. I have had sufficient opportunity to read this Agreement before the Activity and choose to participate despite the risks. • Age and height. I certify that I am, and every minor listed by me is, at least eight (8) years old and at least fifty-four (54) inches tall, and satisfies all posted seating, restraint, weight, and other eligibility requirements. • Physical and mental ability. I am capable of remaining seated and restrained, bracing, pedaling gently, following instructions, and if an emergency requires it, exiting and moving along uneven railroad terrain with available assistance. I am responsible for determining whether any medical, physical, cognitive, sensory, behavioral, medication-related, pregnancy-related, or other condition may affect safe participation and for consulting a medical professional when appropriate. • Not currently pregnant. I certify that to the best of my knowledge I am not currently pregnant as pregnant guests are not permitted to ride due to safety concerns to both the mother and fetus. • Disclosure and accommodation. I will disclose to staff, before boarding, any condition or need relevant to safe participation or reasonable accommodation. I understand that disclosure does not transfer responsibility for deciding whether I should participate. • Sober participation. I am not and will not become impaired by alcohol, cannabis, illegal drugs, medication, fatigue, or instigate any condition that could interfere with safe participation of myself or others. Staff may deny or end participation when they reasonably believe safety is at risk. 4. Specific Risks of the Activity I understand that serious injury, illness, emotional injury, permanent disability, paralysis, dismemberment, death, and property loss can occur. Risks include, without limitation: • Rail-bike movement and control. Unexpected starts, stops, acceleration, deceleration, backward movement, speed changes, loss of control, delayed braking, brake failure, human braking error, limited stopping distance, inability to steer off the rails, improper weight distribution, derailment, tip or shift, and collision with another rail bike, person, object, vehicle, or equipment. • Electric assist and mechanical systems. Unexpected engagement, torque, propulsion, disengagement, or loss of electric assistance; misuse or malfunction of controls, sensors, wiring, motor, drivetrain, chain, sprocket, pedals, axles, wheels, bearings, fasteners, brakes, seats, restraints, or other components; electrical shock; hot surfaces; battery leakage, smoke, fire, thermal event, or explosion. • Pinch, crush, entanglement, and impact. Hands, feet, hair, clothing, jewelry, or belongings contacting wheels, rails, chains, sprockets, pedals, brakes, frames, couplers, another rail bike, or fixed objects; fingers or limbs caught during boarding, braking, movement, stopping, or turnarounds. I understand that all hair longer than shoulder-length must be tied back at all times. • Railroad environment. Rails, ties, switches, points, frogs, crossings, ballast, gravel, holes, gaps, slippery or uneven surfaces, debris, vegetation, sharp or protruding objects, inadequate clearances, embankments, ditches, tunnels, bridges, trestles, culverts, water, steep grades, curves, blind areas, poor track condition, washouts, obstructions, and falling objects. • Rail and road traffic. Unexpected trains, locomotives, railcars, maintenance or high-rail vehicles, work crews, pedestrians, animals, bicycles, or motor vehicles; vehicles or persons entering or failing to yield at grade crossings; signals, gates, flagging, radio, scheduling, dispatching, or communication errors. • Other participants and third parties. Tailgating, sudden braking, distraction, failure to follow instructions, misuse of equipment, horseplay, negligent or intentional acts, medical events, dropped objects, and conduct of riders, staff, volunteers, motorists, pedestrians, property owners, or other persons. • Boarding, stops, and emergency movement. Slips, trips, falls, strains, or collisions while approaching, boarding, sitting, pedaling, changing position, exiting, walking near tracks, or evacuating; limited or delayed access for emergency responders; movement or treatment over uneven or remote terrain. • Physical exertion and health. Fatigue, overexertion, repetitive motion, muscle or joint injury, dehydration, overheating, hypothermia, dizziness, fainting, aggravation of known or unknown conditions, allergic reaction, communicable illness, or a medical emergency occurring where advanced care is delayed or unavailable. • Weather, visibility, and nature. Heat, cold, rain, wet or icy surfaces, wind, lightning, storms, darkness, glare, sun exposure, reduced visibility, falling limbs, insects, ticks, venomous or disease-carrying animals, wildlife, plants, allergens, and changing conditions. • Equipment, premises, and response decisions. Defective, unsuitable, improperly assembled, inspected, maintained, repaired, selected, or used equipment or premises; inadequate warnings, instruction, supervision, staffing, route selection, rescue, first aid, or emergency response; and errors or omissions in any of those activities. • Property and technology. Loss, theft, breakage, water damage, or dropping of phones, cameras, glasses, bags, or other property, including distraction or injury caused by using or securing those items. I understand that such items may not be retrievable. • Unknown and compounded risks. Risks that are unknown, not readily foreseeable, or caused by a combination of conditions. This list describes examples and is not exhaustive; an unlisted risk is not excluded merely because it is not named. 5. Express Assumption and Acceptance of Risk I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL INHERENT, LATENT AND OTHER RISKS OF THE ACTIVITY, BOTH KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, INCLUDING RISKS ARISING FROM MY OWN ACTS OR OMISSIONS; THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS OR THIRD PARTIES; THE CONDITION OR USE OF EQUIPMENT, TRACK, OR PREMISES; AND, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY. I ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES OF THOSE RISKS, INCLUDING BODILY OR EMOTIONAL INJURY, ILLNESS, DISABILITY, DEATH, PROPERTY DAMAGE, LOSS, AND EXPENSE. Assumption of Risk6. Release, Waiver, and Covenant Not to Sue TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I, FOR MYSELF AND MY ESTATE, CHILDREN, HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, RELEASE, WAIVE, FOREVER DISCHARGE, AND COVENANT NOT TO SUE ANY RELEASED PARTY FOR ANY CLAIM, DEMAND, CAUSE OF ACTION, LIABILITY, DAMAGE, JUDGMENT, COST, OR EXPENSE ARISING OUT OF OR RELATING IN ANY WAY TO THE ACTIVITY, INCLUDING CLAIMS ALLEGING THE RELEASED PARTIES’ OWN ORDINARY NEGLIGENCE—INCLUDING NEGLIGENT DESIGN, MANUFACTURE, ASSEMBLY, SELECTION, INSPECTION, MAINTENANCE, REPAIR, OPERATION, INSTRUCTION, WARNING, SUPERVISION, STAFFING, TRACK OR PREMISES CONDITION, ROUTE SELECTION, FIRST AID, RESCUE, OR EMERGENCY RESPONSE—AND CLAIMS SOUNDING IN PREMISES LIABILITY, PRODUCTS LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, TO THE EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED IN ADVANCE. Nonwaivable conduct. This Agreement does not purport to release gross negligence, recklessness, willful or intentional misconduct, or any liability that applicable law prohibits from being released. It is intended to provide the broadest lawful release without invalidating protections that can lawfully be enforced, Release of Ordinary-Negligence Claims7. Indemnification and Property Damage My conduct and third-party claims. To the fullest extent permitted by law, I will defend, indemnify, and hold harmless the Released Parties from and against third-party claims and resulting liabilities, judgments, settlements, costs, and reasonable attorneys’ fees to the extent caused by my negligent, reckless, or intentional act; my violation of staff instructions or safety rules; my misuse of equipment; or my breach of this Agreement. This obligation does not require me to indemnify a Released Party from the Released Party’s gross negligence, recklessness, willful misconduct, or any other nonwaivable liability. Damage to equipment or premises. I accept financial responsibility for reasonable repair or replacement cost and documented loss of use for rail bikes, equipment, track, or premises damaged by my negligent, reckless, or intentional conduct or violation of instructions, excluding ordinary wear and tear. Indemnification and Property Damage8. Safety Rules and Participant Promises • Instructions and briefing. I will attend the safety briefing, ask questions if unclear, obey all staff instructions and signs immediately, and accept staff decisions about seating, controls, spacing, speed, stopping, evacuation, and continued participation. • Restraints and seating. I will remain seated in my assigned seat with the provided restraint correctly fastened whenever directed or whenever the rail bike is moving. I will not stand, change seats, lean outside the frame, board, or exit unless staff authorizes it. • Controls and spacing. I will operate brakes or electric-assist controls only if staff authorizes and instructs me. I will maintain the distance and speed directed by staff, remain alert, avoid tailgating or contact by always keeping a minimum of three (3) rail bike lengths from the vehicle in front of me, and stop only as instructed except when reasonably necessary to prevent immediate harm. • Body and belongings. I will keep hands, feet, hair, clothing, jewelry, and belongings clear of rails and moving parts, hot, electrical, pinch, or crush components. I will wear secure closed-toe footwear and secure loose hair, clothing, and items. • No distraction or interference. I will not use a phone or camera while responsible for a control; touch another rider’s controls; throw or drop objects; engage in horseplay; smoke or vape; possess or use alcohol, tobacco, cannabis or illegal drugs; or interfere with staff, other riders, railway operations, or safety equipment. • Stay with the group and route. I will not enter track, right-of-way, equipment, buildings, or adjacent property except as directed. If an item is dropped or a problem occurs, I will remain seated and alert staff rather than attempt to retrieve or repair it myself. • Report concerns and incidents. Before movement, I will report an improper restraint, fit, loose part, unusual sound, control concern, or other apparent problem. I will promptly report any collision, derailment, injury, illness, near miss, or property damage and cooperate in reasonable safety and incident documentation. • Responsibility for minors. I will ensure every minor listed by me follows these rules and staff instructions, and I will not permit participation if I cannot do so. Safety Rules9. Medical Authorization, Emergency Response, and Costs If I am unable to make or communicate a decision, I authorize the Released Parties to provide or arrange reasonable first aid, emergency response, transportation, and medical care for me and any minor listed by me, and to share reasonably necessary identification, emergency-contact, and health information with responders or healthcare providers. I understand that the Released Parties have no duty to provide medical personnel or equipment beyond duties imposed by law and do not guarantee the availability, adequacy, or outcome of care. I am responsible for medical, ambulance, evacuation, rescue, and related costs not paid by my own insurance (if I have medical insurance), and I authorize contact with the emergency contact identified above. 10. Parent/Legal Guardian Agreement for Minor Participants Complete this section below only if adding a participant under 18. The signer must be that minor’s legal parent or court-appointed guardian. • Authority and consent. I represent that I am the legal parent or court-appointed guardian of each listed minor, have authority to consent to participation and emergency care, and am not relying on another adult’s permission. • Risk acknowledgment. I have explained the Activity and age-appropriate risks and rules to each minor; each minor wishes to participate; and I knowingly accept the risks described in this Agreement for the minor. • Release of my claims. I release my own individual and derivative claims, including claims for medical expenses, loss of services, or consortium, on the same terms as Sections 5 and 6. • Release on behalf of minor. To the fullest extent permitted by law, I release and covenant not to sue on behalf of each minor and the minor’s estate, heirs, and representatives on the same terms as Section 6, including for the Released Parties’ own ordinary negligence. • Parental indemnity. To the fullest extent permitted by law, I agree to defend, indemnify, and hold harmless the Released Parties from claims brought by or on behalf of a listed minor or by another person claiming through that minor, including claims alleging a Released Party’s ordinary negligence, but excluding gross negligence, recklessness, willful misconduct, and other nonwaivable liability. I understand that the enforceability of a parental release or indemnity varies by state and that this promise is intended to apply only to the maximum extent lawful. Parent/Guardian Minor Release and Indemnity11. Legal and Contract Terms • Governing law and venue. The law of the state where the Activity occurs governs, without regard to conflict-of-law rules. Any lawsuit not otherwise subject to a valid arbitration agreement must be filed exclusively in a state court serving the county or judicial district where the Activity occurred, or in the applicable federal district court, and each party consents to personal jurisdiction there. • Jury-trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITY. • Maximum Recovery. Any monetary recovery by me, or on behalf of minors for whom I signed this waiver, resulting from either my own, or their participation in the Activity shall be limited to the price paid for participation in the Activity. • Severability and reformation. Each provision is independent. If a court finds any provision or application invalid or unenforceable, it shall be limited or reformed to the minimum extent necessary to make it enforceable, and the remaining provisions and applications remain effective. The Agreement shall be construed to provide the Released Parties the maximum lawful protection, without extending to nonwaivable conduct. • Entire agreement; no oral change. This is the entire agreement concerning risk allocation, release, participation, and media authorization for the identified Activity, superseding prior statements on those subjects. It may be modified only in a writing signed by Heritage Rail Bikes. Headings are for convenience and do not limit meaning. • Electronic signature and copies. My electronic signature, checkbox, or electronic initials are intended as my legal signature and have the same effect as a handwritten signature. I consent to receive and retain an electronic copy. A digital, scanned, or photocopied version may be used as an original. • No reliance; opportunity to review. I am not relying on an oral promise that contradicts this Agreement. I have had enough time to read it, may seek legal advice, have had an opportunity to ask questions, understand that I may decline to participate, and sign freely without coercion or improper inducement. • Survival. The assumptions, releases, covenants, indemnities, payment obligations, media grants, and legal terms survive completion or termination of the Activity. Governing Law, Venue, and Jury Waiver12. Marketing Media, Publicity, and Testimonial Authorization THIS AUTHORIZATION IS PART OF THIS AGREEMENT AND APPLIES AUTOMATICALLY WHEN I SIGN. THERE IS NO SEPARATE MEDIA OPT-OUT. IF I DO NOT AGREE, I MUST NOT SIGN OR PARTICIPATE. Grant and persons covered. By signing this Agreement, I give Heritage Rail Bikes, LLC; BOLD Broadcasting, LLC d/b/a BOLD Media; and their respective affiliates, successors, assigns, licensees, advertising and production agencies, contractors, and authorized designees (collectively, the “Media Parties”) the right and permission, but not the obligation, to photograph, film, video-record, audio-record, or otherwise capture me and each minor listed in this Agreement before, during, or after the Activity. This permission covers our names, images, likenesses, appearances, voices, actions, and participation, as well as any voluntary interview, review, comment, statement, or testimonial that I or a listed minor provides (collectively, the “Media”). My signature constitutes my prior written consent and, for each listed minor, the prior written consent of the minor’s legal parent or court-appointed guardian. Authorized uses. To the fullest extent permitted by law, I authorize the Media Parties to edit, crop, excerpt, caption, reproduce, publish, display, perform, distribute, transmit, broadcast, license, and otherwise use the Media, together with my or a listed minor’s full or abbreviated name, hometown, biographical information, image, likeness, voice, review, comment, statement, or testimonial, in any medium now known or later developed, worldwide and perpetually, for any lawful advertising, marketing, publicity, promotional, social-media, website, email, print, broadcast, editorial, documentary, internal, or archival purpose. The Media may be combined with other images, audio, text, graphics, or materials. I waive any right to inspect or approve the Media or finished materials and any right to payment, royalties, attribution, an accounting, further notice, or further approval. Truthful testimonial use. A testimonial or endorsement must be based on a voluntary statement actually made by the identified person. A Media Party may quote, excerpt, or edit that statement for length, grammar, clarity, format, or style, but this authorization does not permit a materially false or misleading change, an invented endorsement, or any other unlawful or deceptive use. Ownership, release, and duration. The Media Parties will own the recordings and photographs they create, including the copyrights in those materials, subject to this authorization. To the fullest extent permitted by law, I release, discharge, and covenant not to sue the Media Parties for claims or liabilities arising from the authorized capture, editing, ownership, or use of the Media, including claims based on privacy, appropriation, right of publicity, false light, defamation, copyright, moral rights, or entitlement to compensation, except for claims that applicable law does not permit to be released. This authorization is intended to be irrevocable and to survive the Activity and, for a listed minor, the minor reaching adulthood, to the fullest extent permitted by law. If applicable law gives me or a listed minor a nonwaivable right to revoke consent, any valid revocation will operate prospectively only and will not require withdrawal of materials already created, published, distributed, licensed, or contractually committed before the Media Parties receive the revocation. Marketing Media, Publicity, and Testimonial Authorization — Required13. Final Acknowledgment and Signature I HAVE READ THIS ENTIRE AGREEMENT, UNDERSTAND IT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNDERSTAND THAT MY SIGNATURE ALSO GRANTS THE MARKETING MEDIA, PUBLICITY, AND TESTIMONIAL RIGHTS IN SECTION 12. I SIGN KNOWINGLY AND VOLUNTARILY. Date Signed: August 12, 2026 |
