Liability Waiver

I hereby acknowledge, agree and consent to take part as a passenger and/or participant on the Rail Explorer rail bikes and related equipment (the “Equipment”) owned or operated by Rail Explorers Boone LLC, its direct and indirect subsidiaries, affiliates and/or parents (individually and collectively “REX”)


I AM ASSUMING THE RISKS OF THE ACTIVITIES. I understand that I am fully responsible for any injuries, damages or losses that I (and/or any dog, domesticated animals or pets of any kind (individually or collectively a “Pet”) that I may bring with me on the Equipment) may suffer or incur during my participation in the use of or activities associated with the use of the Equipment, the railway track or any transportation to or from the activities and/or any event coordinated or organized by REX and any event sponsor or organizer (the “Activities”). I acknowledge and understand that the Activities or events related to the Activities may involve physical exertion that test the undersigned’s physical and/or mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, crime, terrorism, war, exposure to communicable diseases (including Covid-19 or similar coronavirus) and actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors. These risks could cause common minor injury or loss, possible serious injury or loss and possible catastrophic injury or loss.


MY PHYSICAL CONDITION. I am physically fit and have no health problems that preclude participation, nor have I been diagnosed with a communicable disease such as Covid-19 or similar and have sufficiently prepared or trained for participation in the Activities. Further no qualified medical professional has advised me that I should not participate in the Activities. I certify that there are no health-related reasons or problems which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the Released Parties organizing the Activities in conjunction with REX such as event holders, sponsors, and organizers.


MY RELEASE AND INDEMNIFICATION. In consideration of my application and permitting me (and any Pets) to participate in this event, I hereby execute this Release on behalf of myself, my executors, administrators, heirs, next of kin, successors, and assigns in favor of REX, the Iowa Railroad Historical Society, Inc., the Boone & Scenic Valley Railroad, and/or their directors, officers, employees, volunteers, representatives, and agents, the activity or event holders, activity or event sponsors, and activity or event volunteers. (the “Released Parties”). This release and indemnification shall apply to any damages or injury to any Pets that I may bring with me to participate in the Activities. As such I agree and certify as follows:


I WAIVE, RELEASE, AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE RELEASED PARTIES AND FOR ANY AND ALL PERSONAL INJURY FOR MY DEATH, DISABILITY, PROPERTY DAMAGE, PROPERTY THEFT OR ANY OTHER CLAIM AND ACTION OF ANY KIND OR DESCRIPTION THAT MAY OCCUR DURING THE ACTIVITIES OR ANY TRANSPORTATION TO OR FROM THE ACTIVITIES, INCLUDING ANY CLAIM FOR INJURIES OR DAMAGES TO PETS.


I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE THE RELEASED PARTIES from any and all liabilities or claims made wherever occurring resulting from or related to the Activities, whether caused by the negligence of the Released Parties or otherwise. I acknowledge that the RELEASED PARTIES ARE NOT RESPONSIBLE for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity with or on behalf of the Released Parties and/or their directors, officers, employees, volunteers, representatives, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers. and/or producers of the event, and lack of hydration. These risks are inherent to participants but are also present for volunteers and others involved in the preparation and conducting of the Activities. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event.


PHOTOGRAPHY: I understand that during the Activities or at any event related to the Activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used by the event holders, producers, sponsors, organizers, and assigns for any legitimate purpose, including but not limited to advertising and promotion.


CORONAVIRUS/COVID 19. I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that REX cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, REX staff, and other REX Customers and their families.

I voluntarily seek services provided by REX and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.

I attest that:
* I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.

* I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.

* I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.

* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.


This Accident Waiver and Release of Liability and any document, amendment, approval, consent, statement, disclosure or authorization related hereto may be in the form of an Electronic Record and may be executed using electronic signatures, including, without limitation, on a computer, tablet or other device or facsimile and/or .pdf. The undersigned agrees that any electronic signature (including, without limitation, on a computer, tablet or other device or by facsimile or .pdf) shall be valid and binding on the undersigned to the same extent as a manual, original signature, and constitutes the legal, valid and binding obligation of the undersigned enforceable against the undersigned in accordance with the terms thereof to the same extent as if a manually executed original signature was delivered to the Released Parties.


This Accident Waiver and Release of Liability shall be deemed to have been executed and delivered within the State of Iowa, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Iowa, without regard to principles of conflict of law.


If any provision of this Accident Waiver and Release of Liability is deemed invalid or unenforceable, such provision shall be deemed limited by construction in scope and effect to the minimum extent necessary to render the same valid and enforceable, and in the event no such limiting construction is possible, such invalid or unenforceable provision shall be deemed severed from this Agreement without affecting the validity of any other term or provision hereof.


I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND IT’S CONTENT AND THAT I AM GIVING UP SIGNIFICANT LEGAL RIGHTS AND I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.

PARENT/GUARDIAN WAIVER FOR MINORS (Under 18 years old) The undersigned hereby certifies that he/she is the parent and/or legal guardian of a minor that is participating in the Activities and that he/she is, in fact, acting in such capacity in the execution of this Accident Waiver and Release of Liability on behalf of the Minor child named below.
Further in the capacity as parent or legal guardian the undersigned consents to his/her child or ward’s participation in the Activities and events related thereto, and has agreed individually and on behalf of the child or ward, to all of the terms of the Accident Waiver and Release of Liability set forth above and all such terms and statements shall also apply to said Minor.
The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the Released Parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said Released Parties because of any defect in or lack of such capacity of the undersigned to so act as guardian to release said Released Parties on behalf of the minor and/or the minor’s parents or legal guardians.