Railroad Handcar
General Release

Tuka Gafari

By signing this release, you acknowledge that railroading in general and riding on a railroad handcar in particular are dangerous and you agree to accept all risks associated withfy and hold harmless Tuka Gafari and persons covered by paragraph 5, from any liability including claims and any attorney's fees, costs, losses, or actions which may be presented or initiated by me or on my behalf in contravention of the covenants I have given in paragraphs 4 and 5.

In consideration of the Tuka Gafari (including its owners, officers, agents, servants, employees and lessors) granting the undersigned permission to enter its property on the date(s) of _________________ for the purpose of handcar excursions and of (including its owners, officers, directors, affiliates, members, volunteers, agents, servants, employees and lessors) hereinafter collectively and individually referred to as "Tuka Gafari", the undersigned agrees that:

1. ASSUMPTION OF RISK: I know and understand the scope, nature, and extent of the risks associated with handcar excursions, including (1) those attendant to riding in handcars generally and specifically on track which may not be maintained to any particular level or standard; (2) related handcar activities such as set-on and set-off procedures, and (3) in general, the risks and dangers of the working railroad environment in which the handcar will be operated. I willingly and knowingly accept those risks, which I understand could result in destruction of my property and my injury or death.

2. RULES COMPLIANCE: As an operator, I have read and understand the Handcar Rule Book, understand the content and purpose for each of the rules, and agree to abide by them. I further agree to take responsibility for informing those persons I bring to the excursion of all rules applicable to their conduct. As a passenger, I confirm that the rules applicable to my conduct have been explained to me, I understand them, and I agree to abide by them.

3. RELEASE FROM LIABILITY: I release Tuka Gafari from any liability for any claim, loss, damage, injury, or death, regardless of the cause, including the active or passive negligence of Tuka Gafari sustained by me or my property while participating in the excursions covered by this Release. I agree and understand that Tuka Gafari accept no responsibility for my safety, nor for the acts or safety of other operators and guests during handcar excursions. By signing this Release, I understand that I am surrendering legal rights which I may otherwise have against Tuka Gafari

4. COVENANT NOT TO SUE Tuka Gafari FOR DAMAGES: I will not make any claim or bring any legal action or voluntarily assist in any legal action against Tuka Gafari, nor permit anyone else to do so on my behalf, for any claim, loss, damage, or injury sustained by me or my property during excursions covered by this Release.

5. COVENANT NOT TO SUE EXCURSION COORDINATORS AND/OR THEIR ASSISTANTS AND/OR PARTICIPANTS FOR DAMAGES: I shall not make any claim or bring any legal action or voluntarily assist in any legal action against any other excursion participant, excursion coordinators, and/or their assistants for their actions or conduct (a) arising from their activities in managing or assisting with the managing of any excursion covered by this Release, or (b) as an official of Tuka Gafari

6. INDEMNIFICATION AGAINST CLAIMS: I will indemnify and hold harmless Tuka Gafari, and persons covered by paragraph 5, from any liability including claims and any attorney's fees, costs, losses, or actions which may be presented or initiated by me or on my behalf in contravention of the covenants I have given in paragraphs 4 and 5.

7. SURVIVAL OF OBLIGATIONS: Any and all obligations assumed and promises made by me under this Release shall be binding on my heirs, and the executors and administrators of my estate. I further instruct my heirs, administrators, and executors to honor this Release and make no claim against Tuka Gafari for any claim, loss, damage, or injury which this Release purports to cover.

8. VALIDITY OF WAIVER: If I institute any suit or action or make any claim for any loss or damages to my person or property for causes covered by this Release, the releases, waivers and promises I have given in this Release shall be enforceable against me.

9. POLICY ON ALCOHOL/DRUG USE OR POSSESSION: I will abide by Tuka Gafari policy to (1) prohibit the use of alcohol and drugs by participants in Tuka Gafari excursions, (2) prohibit the possession of alcohol or drugs in open or unopened containers aboard any handcar or on railroad property, and (3) prohibit the use of alcohol and drugs by participants while on or off railroad property during the hours of any Tuka Gafari/ excursion. I agree that owners, officers, excursion officials and officials of the host railroad retain the right to inspect handcars and personal effects to enforce this policy. I acknowledge that excursion participants who are found to be in possession of, or under the influence of alcohol, or drugs during a Tuka Gafari excursion will be requested to and required to immediately leave the excursion and railroad property, and forfeit all registration fees.

10. POLICY ON WEAPONS: I will abide by Tuka Gafari policy to prohibit participants from having firearms or other deadly weapons, including knives larger than 3 inch or other weapons. Persons may be authorized to have the above in performance of their duties by officials of the railroad. (Normal kitchen/ cooking/ picnic implements are exempt.)

11. ARBITRATION: Any disputes arising from the excursions covered by this Release will be decided under the laws of the State of Delaware and shall be submitted to arbitration in accordance with the rules and procedures of the American Arbitration Association, or such alternate arbitration forum as the parties to the dispute may mutually agree.

12. SEVERABILITY OF INVALID PROVISIONS: If any provision, or application thereof, in this Release is held invalid, that shall not affect any other provisions or applications of the Release which can be given effect without those held invalid.

READ THE ABOVE CAREFULLY BEFORE SIGNING.

I am 18 years of age or older and understand that I am assuming for myself and for all minor children accompanying me or riding on my handcar the provisions set forth above.

Date: ____________Signature: ___________________________ Name (Printed):______________________

Date: ____________Signature: ___________________________ Name (Printed):______________________

Date: ____________Signature: ___________________________ Name (Printed):______________________

Date: ____________Signature: ___________________________ Name (Printed):______________________

Date: ____________Signature: ___________________________ Name (Printed):______________________

Date: ____________Signature: ___________________________ Name (Printed):______________________

For Minor Child(ren) under 18 years of age, Adult assuming responsibility for Minor(s): (must also sign above)

Date: ____________Signature: ___________________________ Name (Printed):______________________

 Minor Name(s) (Printed)  Age

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© Tuka Gafari, Rev. 2/06/00