TEXAS STATE RAILROAD TERMS OF SERVICE AND CONDITIONS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. BY ELECTRONICALLY AGREEING TO THE TERMS OF SERVICE AND CONDITIONS OF SALE AGREEMENT, YOU ARE GIVING UP LEGAL RIGHTS.

1. THE POLAR EXPRESS™ TRAIN RIDE tickets may be cancelled 30 (Thirty) days before the departure date; however, a cancellation fee of $20 per ticket will be assessed and the balance of the purchase will be refunded. Cancellations made within 30 (Thirty) days of the departure date will NOT be refunded and the entire ticket purchase will be forfeited.

   Due to the massive demand, missed trains for THE POLAR EXPRESSTM TRAIN RIDE may be rescheduled subject to availability. A rescheduling fee of $20 per ticket will be assessed. Seating class of the original purchase cannot be guaranteed and refunds for the difference in seating class will NOT be issued. Texas State Railroad can be contacted at 1-855-632-7729.

2. Passengers should arrive at the departure depot at least 45 (Forty-five) minutes prior to scheduled departure time of their ticketed train (the “Excursion Train”).
3. Ticket confirmation must be presented at the departure Rail Depot. Electronic ticket confirmation is acceptable.
4. Tickets are valid only for the date, and time shown on the ticket confirmation. Purchaser acknowledges that they have individually selected their departure time, ticket seating class and ticket quantities. Texas State Railroad is not responsible for errors in ticketing. a. THE POLAR EXPRESS™ TRAIN RIDE tickets booked for the WRONG location are non-refundable.
5. Boarding Passes will be issued at the departure Rail Depot Ticket Counter commensurate with ticket purchase as indicated on the issued ticket confirmation.
6. BOARDING PASSES MUST BE PICKED UP 15 (Fifteen) MINUTES PRIOR TO SCHEDULED DEPARTURE TIME, any parties attempting to pick up boarding passes less than 15 (Fifteen) minutes prior to scheduled departure time will be scheduled for a new departure time and/or date at Texas State Railroad's discretion and upon availability. A rescheduling fee may be applicable.
7. The Boarding Platform CLOSES 10 (Ten) MINUTES PRIOR TO DEPARTURE, no guests will be allowed onto the boarding platform after that time.
8. ALL Guests will be required to read, understand and sign Texas State Railroad's Release and Indemnity Agreement prior to boarding the train. EVERY individual the age of majority (18 years in Texas) boarding the train must have a signed waiver on file. Parent(s) or Legal Guardian(s) signature is required for any children under the age of majority (Under 18 in Texas). We offer multiple ways of signing the document in advance of your trip for convenience and other situations that may arise. As an example: In the event a minor child is visiting with a friend or family member their legal guardian would be allowed to sign ahead of time via an alternate method. THIS IS NON-NEGOTIABLE AS WE MUST HAVE AN AUTHORIZED SIGNED WAIVER PRIOR TO BOARDING YOUR TRAIN. Please visit our website at www.texasstaterailroad.net or contact our reservations desk at 855-632-7729 for information on Texas State Railroad's Release and Indemnity Agreement.
9. Walk-In Ticket Purchases are permitted upon availability. If purchasing a Walk-In Ticket, all parties will be required to read, understand and sign Texas State Railroad's Release and Indemnity Agreement prior to the ticket purchase transaction.
10. Guests are prohibited from bringing alcoholic beverages or weapons onto the Excursion Train and/or any area of Texas State Railroad property.
11. Smoking is prohibited on any Excursion Train (this includes e-cigarettes, vapes and/or other similar devices).
12. Outside food and drink are prohibited on the Excursion Train. We do have a concession car available to our passengers on the “Piney Woods Express Excursion.”
13. Pets are prohibited on all excursions. Service Animals, as defined by the Federal Americans with Disabilities Act (ADA) Title II and Title III, are allowed on excursions. EMOTIONAL SUPPORT or “COMFORT” animals do NOT have rights under the ADA and will not be permitted on excursions.
14. Texas State Railroad does offer a specific coach that is ADA Compliant. Service Animals are permitted on non-ADA Compliant coaches, as long as the passenger does not require ambulatory assistance. Reservations for the ADA Compliant coaches MUST be made through our reservations desk by calling 855-632-7729. Walkers, Wheelchairs, and other ambulatory assistance equipment, with the exception of motorized wheelchairs or scooters, will be permitted on the ADA equipped car. This equipment WILL NOT be permitted on coaches that are not ADA compliant due to the space constraints and the inability to secure such equipment. Coaches that are not ADA equipped are NOT accessible by passengers who require ambulatory assistance as no modifications have been made to Non-ADA Compliant Railcars. Passengers MUST be able to walk independently to their seats. Please contact our reservations desk for further detail at 855-632-7729 from 8am-5pm, Mon – Sun.
15. Due to the space constraints on the historic rail coaches, strollers, baby carriages, coolers, picnic baskets and any other items that are sizeable and cannot be secured properly are prohibited on the train. If you have a question on specific items, please contact our reservations desk at 855-632-7729 from 8am-5pm, Mon - Sun for confirmation.
16. Texas State Railroad does not guarantee an allergen free environment.
17. Ticket purchase and/or participation in any Train Excursion or related event/activity on Texas State Railroad property grants Texas State Railroad permission to use your image in its promotional materials.
18. If an Excursion Train passenger creates, uploads, posts or sends any photography or video footage depicting or relating to Texas State Railroad, such passenger grants Texas State Railroad and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable and transferable right and license to use, display, reproduce, modify, transmit, publish and distribute for any purpose in any media, collateral or promotional effort. Passenger also agrees to not exploit any photographs or video footage of Texas State Railroad for any commercial purpose without Texas State Railroad prior written consent.
19. Because of special, incidental or consequential situations that may be out of Texas State Railroad's control, Texas State Railroad reserves the right to adjust our operation between the date of reservation booking and the day of departure. The situations that may require re-adjustment of Texas State Railroad's operation may include (but are not limited to) weather related incidents, locomotive power availability, passenger car assignments, layover and/or mealtimes during the train ride and departure and/or arrival times. Texas State Railroad will, as is commercially practicable, work with our customers to accommodate re-scheduling or additional cures to any operational adjustments that are a result of Texas State Railroad's scheduling or operational changes.

RELEASE AND INDEMNITY AGREEMENT

________________ (hereinafter called "Passenger") has acquired a ticket for and requests to ride a train owned and operated by Texas State Railroad Company (hereinafter called "Railroad") and to enter Railroad’s premises on ___________, 202_ .

Passenger fully realizes that its presence on Railroad's premises involves danger and risk to Passenger, including the possibility of Passenger's injury or death and damage to or loss of Passenger’s property.

THEREFORE, in consideration of Railroad’s permitting Passenger to enter onto its premises, ride its train, and exercises/activities incidental thereto, Passenger HEREBY RELEASES, DISCHARGES, DEFENDS, SAVES HARMLESS, ASSUMES THE RISK OF AND LIABILITY FOR, AND INDEMNIFIES RAILROAD, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AND PARENTS FROM ANY AND ALL LIABILITY, CLAIM, DAMAGES, ATTORNEYS’ FEES, AND COSTS FOR (1) INJURY OR DEATH OF PASSENGER RESULTIG FROM PASSENGER’S PRESENCE ON THE PREMISES AND/OR ON RAILROAD’S TRAIN AND (2)LOSS OF OR DAMAGE TO ANY PROPERTY WHICH OCCURS AS A RESULT OF PASSENGER'S PRESENCE ON THE PREMISES AND/OR ON RAILROAD’S TRAIN. THIS RELEASE, INDEMNITY OBLIGATION, ASSUMPTION OF RISK AND LIABILITY ASSUMED BY PASSENGER SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE IMAGE, DEATH, AND/OR PROPERTY DAMAGE WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILROAD, ITS AGENTS, SERVANTS, OR EMPLOYEES, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILROAD.

Railroad shall have the right to terminate this agreement immediately if Railroad finds that Passenger is doing anything while on Railroad’s premises or train in an unsafe manner or performing unsafe acts.

Except with the express permission of Railroad, Passenger will not operate, lift, move, or manipulate any of Railroad's equipment or other property.

To the maximum extent possible, each provision of this agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this agreement shall be prohibited by, or held to be invalid under applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision, or any other provision of this agreement.

I understand and agree that my agreement to this Release and Indemnity Agreement is in partial consideration for, and is a condition of, Railroad’s agreement to allow me to enter Railroad’s premises and ride on Railroad’s train.

I HAVE READ THIS ENTIRE TWO-PAGE RELEASE AND INDEMNITY AGREEMENT, AND ALL OF ITS TERMS ARE UNDERSTOOD AND ACCEPTED:

Signature of Passenger: ________________________________

Date ________________________________

Printed Name ________________________________

Address _____________________________________________________________

If Passenger is a minor, I am signing on Passenger’s behalf. Relationship to Passenger: ______________________

Privacy Policy

This Privacy Policy governs the manner in which Texas State Railroad collects, uses, maintains and discloses information collected from users (each, a “User”) of the www.texasstaterailroad.net website (“Site”). This privacy policy applies to the Site and all products and services offered by Texas State Railroad

Personal Identification Information:

We may collect personal identification information from User in a variety of ways, including, but not limited to, making reservations for Texas State Railroad Train Excursions or Facility Rental, subscription to Texas State Railroad newsletter, populating required forms, utilizing Texas State Railroad contact form and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for name, email address, mailing address, phone number, credit card information and other necessary information needed to complete the required task. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information with an understanding that it may prevent engaging in certain Site related activities.

Non-Personal Identification Information:

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies:

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information:

Texas State Railroad may collect and use Users personal information for the following purposes:

• To improve customer service
  Information you provide helps us respond to customer service requests and support needs more efficiently.
• To improve our Site
  We may use feedback you provide to improve our products and services.
• To process payments
  Users provide information for payment processing when placing a ticket order only to provide service to secure that order. We do not share this information with outside parties except to the extent necessary to provide the service. No payment information will be stored.
• To send periodic emails about upcoming events, promotions and surveys
  We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How we protect your information:

We operate appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing your personal information:

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third party websites:

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Changes to this privacy policy:

Texas State Railroad has the discretion to update this privacy policy at any time. The Privacy Policy section of our Terms of Service and Conditions of Sale Agreement can always be accessed on our website at www.texasstaterailroad.net and we encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms:

By using this Site, you signify your acceptance of this policy.

If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us:

If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us at:

Texas State Railroad
535 Park Road 76
Rusk, TX 75785

By Email: tsrrinfo@jag-transport.com

By Phone: 855–632–7729