RELEASE OF LIABILITY AND ASSUMPTION OF RISK

​

The individual named below (referred to as "I" or "me") desires to participate in a railbike tour (the "Activity") provided by Awakening Rails Pennsylvania LLC, a Pennsylvania limited liability company (the "Operator"), on property owned or leased by Colebrookdale Railroad Preservation Trust, a Pennsylvania nonprofit corporation (the “Railroad”) (collectively, the “Released Parties”). In consideration of being permitted by the Released Parties to participate in the Activity and in recognition of the Released Parties’ reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT PARTICIPATION IN THE ACTIVITY ENTAILS INHERENT RISKS, INCLUDING, WITHOUT LIMITATION, RISKS ARISING FROM THE USE OF HEAVY EQUIPMENT CONTAINING MOVING PARTS AND FROM POTENTIAL EXPOSURE TO INSECTS THAT BITE OR STING. I FURTHER ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE RELEASED PARTIES OR REPRESENTATIVES (DEFINED BELOW), INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE RELEASED PARTIES OR REPRESENTATIVES. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR REPRESENTATIVES OR OTHERWISE.

​

I hereby expressly waive and release any and all claims, now known or hereafter known, against the Released Parties, and their officers, directors, manager(s), employees, agents, affiliates, parent companies, shareholders/members, successors, and assigns (collectively, "Representatives"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Released Parties or Representatives or otherwise. I covenant not to make or bring any such claim against the Released Parties or Representatives and forever release and discharge the Released Parties and Representatives from liability under such claims. This waiver and release does not extend to any claims or other liabilities that Pennsylvania law does not permit to be released by agreement.

I shall defend, indemnify, and hold harmless the Released Parties and Representatives against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this

​

Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Released Parties or Representatives in a final judgment, arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Released Parties or Representatives.

I certify that I have no health-related conditions which preclude my participation or create a risk to other participants, and that I have not been advised by any qualified medical professional to refrain from participating in the Activity or other activities involving comparable levels of exertion. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Released Parties and Representatives from any claim based on such treatment or other medical services.

I understand that I may be photographed or recorded on video by the Released Parties and Representatives in connection with my participation in the Activity. I hereby consent to and authorize the Released Parties and Representatives to photograph, film, and otherwise record my likeness and voice, and to use, reproduce, distribute, and display the same for advertising, promotional, and marketing purposes, in perpetuity, without any right to compensation, renumeration, or further consideration.

This Release constitutes the sole and entire agreement of the Released Parties and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Released Parties and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Montgomery County, Pennsylvania and I hereby consent to the exclusive jurisdiction of such courts.

​