RRC LEASED RAILROAD PROPERTIES

RRC LEASED RAILROAD PROPERTIES

RRC/NARCOA Operation and Maintenance-of-Way Release and INSURANCE ASSURANCE ADDENDUM

By signing this release, I acknowledge that railroading in general, maintenance-of-way and riding in and or on a track railroad motor car in particular are dangerous and I agree to accept all risks associated with my voluntary participation in this excursion. By signing this release I release NARCOA (although this may or may NOT be a NARCOA sponsored excursion), the RRC (Recreational Railroad Coalition, Inc., a California non-profit corporation), any person or persons who help operate any such devices on or around such trips or excursions no matter how short or long they be be, and all railroads under lease to RRC from all liability for my property damage and/or personal injury or death.

In consideration of the leased railroad corridors, (RR) (including its officers, agents, employees and lessors) and its tenant/leasee, RRC, granting the undersigned permission to enter its leased railroad property for the purpose of operation and/or maintenance-of-way from ________________ (date) to __________________ (date), the undersigned agree that:

  1. ASSUMPTION OF RISK: I know and understand the scope, nature, and extent of the risks associated with railway motor car excursions and maintenance-of-way, including (1) those attendant to riding in track railway motor cars generally and specifically on track which has not been maintained to any particular level or standard, but which is believed to be adequate for recreational railroad vehicle operation; (2) related motor car activities such as set-on and set-off procedures, (3) in general, the risks and dangers of the working railroad environment in which the motor car will be operated, (4) the risks and dangers of utilizing equipment necessary for the replacement of rails, ties, spikes, plates, bolts, nuts, etc., (5) the risks and dangers of utilizing maintenance-of-way equipment such as track shovels, double pointed picks, spike mauls, aluminum Track Jacks, claw bars, track wrenches, tie tongs, pinch bars, sledge hammers, etc., (6) the risks of utilizing or being near those utilizing powered tools, such as, but not limited to, chain saws and weed eaters, and the potential loss or damage to various parts of the human body. I willingly and knowingly accept those risks, which I understand could result in destruction of my property, and my injury, or death. (signature, as accepted and acknowledged by participant, required here)_____________
  2. RULES COMPLIANCE: As an operator, I have read and understand the NARCOA Rule Book, understand the content and purpose for each of the rules, and agree to abide by them. I further agree to take responsibility for informing those individual I bring on the excursion of all rules applicable to their conduct. As a passenger, I confirm that the rules applicable to my conduct have been explained to me, that I understand them, and that I agree to abide by them. (signature, as accepted and acknowledged by participant, required here)_____________
  3. RELEASE FROM LIABILITY: I release NARCOA, RRC and RR from any liability for any claim, loss, damage, injury, or death, regardless of the cause, including the active or passive negligence of NARCOA/RRC/RR, sustained by me or my property while operating or participating as a passenger in a or on a track railway motorcar or related vehicle on these rails, or participating in the repair, restoration and/or maintenance-of-way of the leased railroad corridor covered by this Release. I agree and understand that NARCOA/RRC/RR accepts no responsibility for my safety, nor for the acts or safety of other workers, operators and guests during motor car excursions. By signing this Release, I understand that I am surrendering legal rights which I may otherwise have against NARCOA/RRC/RR.
  4. COVENANT NOT TO SUE NARCOA/RRC/RR FOR DAMAGES: I will not make any claim or bring any legal action or voluntarily assist in any legal action against NARCOA/RRC/RR, nor permit anyone else to do so on my behalf, for any claim, loss, damage, or injury sustained by me or my property during excursions covered by this Release.
  5. COVENANT NOT TO SUE EXCURSION COORDINATORS AND/OR THEIR ASSISTANTS AND/OR PARTICIPANTS FOR DAMAGES: I shall not make any claim or bring any legal action or voluntarily assist in any legal action against any other maintenance-of-way or operating participant, maintenance-of-way or operational (excursion) coordinator, and/or assistants for their actions or conduct (a) arising from their activities in managing or assisting with the managing of any excursion or activity covered by this Release, or (b) as an official of NARCOA/RRC/RR.
  6. INDEMNIFICATION AGAINST CLAIMS: I will indemnify and hold harmless NARCOA/RRC/RR, and persons covered by paragraph 4, from any liability including claims and any attorney's fees, costs, losses, or actions which may be presented or initiated by me or on my behalf in contravention of the covenants I have given in paragraphs 3 and 4.
  7. SURVIVAL OF OBLIGATIONS: Any and all obligations assumed and promises made by me under this Release shall be binding on my heirs, and the executors and administrators of my estate. I further instruct my heirs, administrators, and executors to honor this Release and make no claim against NARCOA/RRC/RR for any claim, loss, damage, or injury which this Release purports to cover.
  8. VALIDITY OF WAIVER: If I institute any suit or action or make any claim for any loss or damages to my person or property for causes covered by this Release, the releases, waivers and promises I have given in this Release shall be enforceable against me.
  9. POLICY ON ALCOHOL/DRUG USE OR POSSESSION: I will abide by NARCOA's policy to (1) prohibit the use of alcohol and drugs by participants in NARCOA excursions, (2) prohibit the possession of alcohol or drugs in open or unopened containers aboard any motor car or on railroad property, and (3) prohibit the use of alcohol and drugs by maintenance-of-way participants while on or off railroad property during the hours of maintenance-of-way on any and all railroad corridor's under lease to RRC.
  10. POLICY ON WEAPONS: I will abide by NARCOA's policy to prohibit participants from having firearms or other deadly weapons, including knives larger than 3 inch or other weapons. Persons may be authorized to have the above in performance of their duties by officials of the railroad. (Normal kitchen/cooking/picnic implements are exempt.)
  11. INSURANCE: I understand and accept that during any maintenance-of-way activity, including, but not limited to, replacing of cross-ties, rails, spikes, plates, ballast, re-gauging, etc., and during the use of any other motorized equipment such as, but not limited to weed eaters and chainsaws or high speed mowing devices by me or by those near to my physical location, or the utilization of track shovels, double pointed picks, spike mauls, track jacks, claw bars, track wrenches, tie tongs, pinch bars, sledge hammers, etc. during any maintenance-of-way activity on the leased railroad property, I am NOT covered by any NARCOA insurance of any kind, and that I am responsible for insurance coverage obtained from my own provider. Furthermore, neither NARCOA, RRC nor RR, (including the officers, agents, servants, employees and excursion coordinators and/or their assistants and/or participants of each organization) accept any responsibility for injuries suffered while involved in such activities. (signature, as accepted and acknowledged by participant, required here)_____________________
  12. VOLUNTEER STATUS: In the context of any work party and for the right to voluntarily work on the leased railroad property, I, as signatory to this document, hereby acknowledge that I am a volunteer in all respects of the law and have received no compensation what-so-ever. As such, as a volunteer, I hereby wave my right to workmen's compensation of any kind should the need for such arise. (signature, as accepted and acknowledged by participant, required here)______________________
  13. ARBITRATION: Any disputes arising from the work party covered by this Release will be decided under the laws of the State of California and shall be submitted to arbitration in accordance with the rules and procedures of the American Arbitration Association, or such alternate arbitration forum as the parties to the dispute may mutually agree.
  14. SEVERABILITY OF INVALID PROVISIONS: If any provision, or application thereof, in this Release is held invalid, that shall not affect any other provisions or applications of the Release which can be given effect without those held invalid.

READ THE ABOVE CAREFULLY BEFORE SIGNING.

I am older than 18 years of age and understand that I am assuming for myself the provisions set forth above.

IN WITNESS THEREOF, the undersigned has executed this Agreement this _____ day, of ________________, 200__.

Operator Signature: ________________________

Name (Printed):_________________________

Passenger Signature: _______________________

Name (Printed): _________________________

Passenger Signature: _______________________

Name (Printed): _________________________

Passenger Signature: _______________________

Name (Printed): _________________________

Minor child(ren), those under 18 years of age, the adult (father or mother ONLY) must sign above as assuming full responsibility for the minor. No child under five (5) is permitted to ride.

Minor child's name and age ________________________________________

Minor child's name and age ________________________________________

INSURANCE ASSURANCE ADDENDUM

By my signature below I assure Recreational Railroad Coalition, Inc. (RRC) that I hold valid personal, automobile, homeowners, hospitalization, MediCare, MediCal and/or other appropriate insurance so as to provide me with sufficient insurance coverage in the event that I am injured or killed while performing volunteer service or participating in an excursion on any RRC leased railroad corridor.

This is evidence of my acknowledgement that any and all activities contemplated to be undertaken by me on or about the Railroad pursuant to the Agreement constitute a "recreational purpose" within the meaning of California Civil Code Section 846.

Operator Signature: ________________________

Name (Printed):_________________________

Passenger Signature: _______________________

Name (Printed): _________________________

Passenger Signature: _______________________

Name (Printed): _________________________

Passenger Signature: _______________________

Name (Printed): _________________________

Date: _____________________

©RRC - Operation and MofW Release with Insurance Assurance Addendum AFRR Rev. 7May2005. Supercedes all previous revisions.