Pioneer Express Assumption of Risk, Release of Liability, and Agreement to Participate

READ CAREFULLY. THIS DOCUMENT AFFECTS LEGAL RIGHTS.

In consideration of being permitted to purchase tickets for, enter, board, or participate in the Pioneer Express Rail Road train ride at 7A Ranch, I, the undersigned adult purchaser and participant, acknowledge and agree as follows:

  1. Voluntary participation and risks. I understand that participation in and around the Pioneer Express train ride is voluntary and involves inherent and other risks, known and unknown, including but not limited to boarding and exiting, falls, sudden starts or stops, movement or vibration of the train, changing terrain, uneven surfaces, weather conditions, contact with persons or objects, mechanical failure, and injury, illness, property damage, permanent disability, or death.

  2. Assumption of risk. I knowingly and voluntarily assume all such risks for myself and, to the extent permitted by law, for the members of my party for whom I purchase or obtain tickets.

  3. Release of liability. TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE 7A Operating Partners LLC, DBA 7A RANCH, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, CONTRACTORS, AFFILIATES, AND LANDOWNERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR LIABILITY ARISING OUT OF OR RELATED TO MY OR MY PARTY’S PRESENCE AT, PARTICIPATION IN, OR USE OF THE PIONEER EXPRESS, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY. THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT TO THE EXTENT SUCH CLAIMS CANNOT LEGALLY BE RELEASED.

  4. Minors and party members. I represent that I am at least 18 years old and am the parent, legal guardian, or authorized adult responsible for any minor for whom I purchase or obtain a ticket. I will ensure that all members of my party comply with train-staff directions and all posted safety rules.

  5. Safety rules. I agree that all riders will remain seated as directed; keep hands, arms, feet, and personal items inside the train; use only designated boarding and exit areas; and comply immediately with all staff instructions. 7A Ranch may refuse boarding or remove any rider who does not follow safety instructions.

  6. Severability and Texas law. If any provision of this agreement is found unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law. Texas law governs this agreement.

ACKNOWLEDGMENT OF AGREEMENT: By signing the front-desk acknowledgment sheet, purchasing a ticket after being presented this agreement, accepting a ticket, or boarding the Pioneer Express, I acknowledge that I have read, understand, and voluntarily agree to this document.