Terms And Conditions
View our Terms and Conditions below.
Terms And Conditions Of Participation
In consideration of the Ticket User’s participation in the caboose/train ride and photograph experience conducted by Blue Ridge Scenic Excursions LLC and any related activities, (collectively, the “Experience”), wherever the Experience may occur, the Ticket User hereby acknowledges that participation in the Experience is entirely voluntary, and that the Ticket User understands and agrees as follows:
ASSUMPTION OF RISK/LIABILITY RELEASE AND INDEMNITY: The Ticket User understands that incidental to his/her participation in the Experience, the Ticket User may be engaging in activities that involve the risk of serious personal injury, illness, permanent disability, dismemberment, and death, and that such participation may also involve the risk of severe economic and property loss and damage. The Ticket User understands these risks may result from the actions, negligence and failure to act of him/herself and others (including, but not limited to, other individuals in attendance at the Experience and to the Released Parties, as defined below) and from the condition of any property, facilities or equipment used. The Ticket User also understand that there may be risks involved that are not known to him/her or to the Released Parties, and may not be foreseen or reasonably foreseeable by anyone at this time or at the time of the Experience.
THE TICKET USER AGREES TO ASSUME ALL OF THE FOREGOING RISKS, AS WELL AS THE RISK OF ANY NEGLIGENCE BY OTHER PARTICIPANTS OR BY THE RELEASED PARTIES, AND THE RISK OF INJURY CAUSED BY THE CONDITION OF ANY PROPERTY, FACILITIES OR EQUIPMENT USED DURING THE EXPERIENCE, AND ACCEPT PERSONAL RESPONSIBILITY FOR ANY INJURY (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DISABILITY, DISMEMBERMENT AND DEATH), ILLNESS, DAMAGE, LOSS, CLAIM, LIABILITY OR EXPENSE, OF ANY KIND OR NATURE, THAT THE TICKET USER OR HIS/HER PROPERTY MAY SUFFER ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE EXPERIENCE.
ON HIS/HER OWN BEHALF, AND ON BEHALF OF HIS/HER HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT OF KIN, THE TICKET USER HEREBY RELEASES, COVENANTS NOT TO SUE, AND FOREVER DISCHARGES THE RELEASED PARTIES OF AND FROM ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY NATURE (“CLAIMS”) ARISING OUT OF OR IN ANY WAY CONNECTED WITH TICKET USER’S PARTICIPATION IN THE EXPERIENCE, AND FURTHER AGREES TO INDEMNIFY AND HOLD EACH OF THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL SUCH CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH TICKET USER’S PARTICIPATION IN THE EXPERIENCE, AND FURTHER AGREES TO INDEMNIFY AND HOLD EACH OF THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL SUCH CLAIMS INCLUDING, BUT NOT LIMITED TO, ALL ATTORNEYS’ FEES AND DISBURSEMENTS THROUGH AND INCLUDING ANY APPEAL. TICKET USER UNDERSTANDS THAT THIS RELEASE AND INDEMNITY INCLUDES ANY CLAIMS BASED ON THE NEGLIGENCE, ACTION OR INACTION OF ANY OF THE RELEASED PARTIES AND COVERS BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, AND LOSS BY THEFT OR OTHERWISE, WHETHER SUFFERED BY THE TICKET USER BEFORE, DURING OR AFTER SUCH PARTICIPATION. For the purposes hereof, the “Released Parties” are Blue Ridge Scenic Excursions LLC, its respective parents, subsidiaries and other affiliated or related companies, and the officers, directors, employees, agents, contractors, subcontractors, representatives, successors, assigns, and volunteers of each of the foregoing entities.
PHYSICAL CONDITION/MEDICAL AUTHORIZATION: The Ticket User hereby certifies that he/she is physically fit for participation in the Experience and have not been advised otherwise. In connection with any injury sustained or illness or medical conditions experienced during attendance in connection with the Experience, the Ticket User authorizes any emergency first aid, medication, medical treatment or surgery deemed necessary by any attending medical personnel if the Ticket User is not able to act on his/her own behalf. Additionally, the Ticket User authorizes medical treatment for her/himself, at Ticket User’s cost, if the need arises; however, the Ticket User acknowledges that the Released Parties will have no duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment.
PUBLICITY RIGHTS: The Ticket User further grants the Released Parties the right to photograph, record and/or videotape the Ticket User and further to display, edit, use and/or otherwise exploit the Ticket User’s name, face, likeness, voice, and appearance, in all media, whether now known or hereafter devised (including, without limitation, in computer or other device applications, online websites, social media, advertisements, television programming, in motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, without compensation, residual obligations, reservation or limitation, or further approval. The Ticket User further agrees to indemnify and hold harmless the Released Parties for any Claims associated with such grant and right to use. The Released Parties are, however, under no obligation to exercise any rights granted herein.
GOVERNING LAW: This Waiver and Release Form will be governed by the laws of the State of Georgia, and any legal action relating to or arising out of this Waiver and Release Form will be commenced exclusively in the United States District Courts for the State of Georgia (or if such District Courts do not have jurisdiction over the subject matter thereof, then to such other court sitting in such county and having subject matter jurisdiction). The Ticket User SPECIFICALLY WAIVES THE RIGHT TO TRIAL BY JURY.
If the Ticket User is under the age of 18 years, the parent/guardian of Ticket User shall be deemed to have authorized and approved the above Agreement on the minor’s behalf.