Waiver and Release of Liability
All patrons, invitees, guests and volunteers (“Patron”) entering onto any Steam Railroading Institute (“SRI”) property or equipment or participating in any SRI event (“SRI Activities”) is considered voluntary participation and may subject a Patron to the possibility of physical injury, loss of life and loss of or damage to a Patron’s property (collectively, “Risks”) and the Patron agrees to the following waiver of liability of any Risks or Claims at SRI Activities:
- a. The Patron agrees, to fullest extent permitted by law, to release and hold harmless Great Lakes Central Railroad, Inc., State of Michigan, Department of Transportation, its commissioners officers, directors, employees, agents, volunteers, and contractors (collectively, “Releasees”) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks (“Claims”), except those caused totally by the negligent acts or omissions of any or all of the Releasees: and,
- b. The Patron agrees, to fullest extent permitted by law, to release and hold harmless SRI, its officers, directors, employees, agents, volunteers, and contractors (collectively, “SRI Releasees”) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from these Risks and Claims; and,
- c. The Patron agrees without exception to rely on SRI insurance liability coverage limits if the Patron asserts any Claims against SRI related to the Risks resulting from and during SRI Activities. For clarity, the Patron waives all rights of Claims or Damages against the Releasees and SRI Releasees except insurance coverage limits of SRI for such Claims or Damages.
- d. This Agreement shall be binding on any Patron’s estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on behalf or on behalf of a Patron’s estate.
- e. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions and I expressly submit to the jurisdiction of such courts.
- f. This Agreement contains the entire understanding between and among the parties concerning these matters.
- g. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect as permitted by law.