WAIVER and RELEASE FROM LIABILITY for REENACTMENT
I __________________________________, HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever
discharge the Texas State Railroad and its agents, promoters, officials, participants, employees, officers, directors,
affiliates, successors, members, trustees, managers and assigns, of and from any and all claims, demands, debts,
contracts, expense, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or
unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in
any of the functions or activities, conducted by, on the premises of, or for the benefit of the Texas State Railroad
provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton
misconduct.
I understand that the activities or function in which I participate may be inherently dangerous and can cause
serious or grievous injuries, including bodily injury, damage to personal property and/or death. I recognize that
there are serious risks involved with this activity including my proximity to, and the risk of injury from (a) the
handling and use of black powder, (b) discharge of small arms and cannons, (c) the risk of injury from track
separation (d) vehicle roll-over, (e) fires ignited by propane, gasoline, and oil, (e) tripping, (f) falling from vehicle,
turret or hull, (g) carbon monoxide poisoning (h) battery leaks of corrosive acid, and possible explosions, (i)
contacts with animals.
On behalf of myself, my heirs, assigns, and next of kin, I waive all claims for damages, injuries and death sustained
to me or my property, that I may have against the aforementioned released party to such activity whether cased
by the ordinary negligence of the released party or otherwise, with the exception of acts of gross negligence, or
intentional, willful or wanton misconduct as indicated above.
By this Waiver, I assume any risk, and take full responsibility and waive any claims of personal injury, death or
damage to personal property associated with the Texas State Railroad including but not limited to participating in
the reenactment, using the facility, and its equipment in any manner, form or fashion, and practicing and/or
engaging in reenactment activities or other related activities on and off the premises including transportation to
and from the reenactment site.
This WAIVER AND RELEASE contains the entire agreement between the parties, and supercedes any prior written
or oral agreements between them concerning the subject matter of the WAIVER AND RELEASE may be waived,
altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
This provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the
activities conducted by, on the premises of, or for the benefit of the Texas State Railroad, whether by agreement,
by operation of law , or otherwise.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that
by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this Agreement
freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being
communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND
RELEASE of all liability to the full extent of the law. I am 18 years of age or older and mentally competent to enter
into this waiver.
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Signature
Address
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Printed Name
City
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Date
State and Zip code
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Email address