AGAWA CANYON RAILWAY TOUR TRAIN
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND
The following terms and conditions apply to your journey with and travel onboard the Agawa Canyon Railway Tour Train, owned and operated by Agawa Canyon Railway ULC (the “Railway”), and constitute an agreement between you and the Railway. If you travel with the Railway, you thereby agree to accept the following terms and conditions.
PLEASE READ CAREFULLY. this document Affects your legal rights.
I ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THE RAILWAY’S TOUR OPERATIONS, FACILITIES, PRODUCTS, AND SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT.
I acknowledge that I am voluntarily participating in this activity, and understand that there are risks, dangers, and hazards associated with it, which may include, but are not limited to, the potential for serious physical or psychological injury, pain, suffering, temporary or permanent disability, and even death. I understand that these injuries or outcomes may arise from my own or others’ negligence, or the risks inherent to this activity.
I further agree to waive, release, forever discharge, and not to sue the Railway, its affiliates, present and former officers, directors, employees, and agents, and their respective predecessors, successors, personal representatives, assigns, and contractors or subcontractors, and if applicable, owners and lessors of premises on which the activity takes place (each a Releasee and collectively the “Releasees”), from any and all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise in connection with this Agreement.
I further agree that if, despite this assumption of risk, release, and waiver of liability, I or anyone on my behalf makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost which any may incur as the result of such claim.
If I should require medical care or treatment, I agree to be financially responsible for any cost incurred because of such treatment. If any damage to equipment, property, or facilities occurs because of my willful actions, neglect, or recklessness, I acknowledge and agree that I may be held liable for any and all costs associated with such actions.
I WILL NOT HOLD THE RAILWAY RESPONSIBLE FOR ANY LOST OR STOLEN PERSONAL PROPERTY.
I acknowledge that I have read the above and I fully understand the contents.