ASSUMPTION OF RISK / LIABILITY WAIVER
The Concourse Council, Inc., a Florida 501(c)(3) corporation, The Concourse Council, Inc. d/b/a/ Grand Concourse Railroad; Celebration of Lights and all their agents, employees/volunteers (hereinafter referred to as "releases".)
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP LEGAL RIGHTS.
In consideration of being permitted to participate in Grand Concourse Railroad and related activities (collectively, "activities") conducted by Grand Concourse Railroad, Inc. The Concourse Council, Inc. d/b/a The Grand Concourse Railroad d/b/a the Celebration of Lights I/We the undersigned, hereby agree as follows:
ASSUMPTION OF RISK: I/we agree that I/we and our child(ren)/ward(s) are voluntarily participating in activities offered by releasees, including but not limited to the use of equipment, facilities, and premises. I/we are assuming on behalf of myself and/or my child(ren)/ward(s), ALL RISK of personal injury, death or disability to my and/or my child(ren)/ward(s) that might result from said participation, or any damage, loss or theft of any personal property I or my child(ren)/ward(s) may incur. I understand that Grand Concourse Railroad is a ride that has moving parts with live steam, diesel, gasoline or burning coal that may burn or injure passengers and that the ride may derail or otherwise malfunction causing injury and/or death and that it is an activity that, by its very nature, has inherent risks.
I/We understand and accept the above risks of bodily injury and/or death related to this activity.
RELEASE OF LIABILITY: I/we agree on behalf of myself and/or my child(ren)/ward(s) and my/their personal representatives, successors, heirs, and assigns to hold Grand Concourse Railroad, Inc., The Concourse Council, Inc. d/b/a/ the Celebration of Lights, their affiliates, instructors, officers, directors, attorneys, volunteers, agents, employees, members, as well as tenants of the property, and the owners, manufacturers and installers of the equipment comprising The Concourse Grand Railroad ride (collectively, and "releases") harmless from any and all claims or causes of action arising out of my and/or my child(ren)'s/ward(s)'s participation in The Grand Concourse Railroad ride.
ALLERGY AWARENESS NOTIFICATION: If you have food allergies, please be aware that The Grand Concourse Railroad does not guarantee an allergen-free environment. Food items and recipes may contain peanuts, nut oils, egg, shellfish, dairy, gluten, soy, produce and other food allergens. You understand that if you consume any food and beverages that you accept sole responsibility for all risks associated with consuming those items including food sickness, allergic reaction, and death. You are free to choose which foods and beverages , if any, you consume.
I expressly release and discharge releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to me and/or my child(ren)/ward(s), while participating in any of the activities, including, but not limited to: burning of skin, eyes, hair, from sparks, coal or oil-fired steam engines or the derailing of railroad car while riding said railroad trains, regardless of how powered. This release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of releasees or from any other cause. This waiver and release of all liability includes, without limitation, injuries, illness, or accidents, including death, which may occur and a result of (a) use of the facility or it's improper maintenance, (b) use of any equipment which may malfunction or break, (c) improper maintenance or operation of any equipment, (d) inadequate instruction or supervision, or (e) slipping or tripping and falling while in the facility or on the surrounding premises. Due to the possibility of accidents and injury, it is recommended that pregnant women not ride the train. If you choose to ride the train, you waive and release all liability as mentioned above.
I understand that I voluntarily give up my right to sue the above-mentioned parties. I further grant Grand Concourse Railroad the right to photograph and/or videotape me and/or my child(ren)/ward(s) and to use my child(ren)'s/ward(s)'s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
I ACKNOWLEDGE THAT I/WE HAVE READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT I/WE MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILD(REN)/WARD(S) TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSSE OF ANY KIND AGANST GRAND CONCOURSE RAILROAD, INC. OR THE CONCOURSE COUNCIL, INC. D/B/A THE CELEBRATION OF LIGHTS, AND IF ANY ATTEMPT TO BRING SUCH A CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY THE GRAND CONCOURSE RAILROAD, INC. AND/OR THE CONCOURSE COUNCIL, INC. D/B/A THE CELEBRATION OR LIGHTS.
I have read the above, been given the opportunity to ask questions, consider it's effects, understand its content, and agree to the terms as stated above.