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Conditions of Sale

THE POLAR EXPRESS and all related characters and elements © & ™ Warner Bros. Entertainment Inc. (s19)
Based on THE POLAR EXPRESS book and characters © & ™ 1985 by Chris Van Allsburg. Used by permission of Houghton Mifflin Company. All rights reserved.

CONDITIONS OF SALE

  1. 1. IMPORTANT! Ticket holders must be on board the train 5 minutes prior to departure.  Passengers are not allowed onto the platform after that time.
  2. 2. Tickets are nonrefundable and Nonexchangeable.
  3. 3. Tickets are valid only for the date, time, car & seat shown on the ticket.  Purchaser acknowledges that they have individually selected their seats. Rail Events Productions is not responsible for errors in seating.
  4. 4. Rail Events Productions and its agents reserve the right to refuse service or de-board passengers for disruptive or offensive behavior.
  5. 5. Rail Events Productions does not guarantee an allergen free environment.
  6. 6. Passengers are prohibited from bringing alcoholic beverages or weapons onto the train.
  7. 7. Smoking is not allowed on board THE POLAR EXPRESS™ Train Ride (this includes e-cigarettes and other similar devices).
  8. 8. Rail Events Productions does not accept liability for loss or damage suffered by the ticket user. For more information please review the Release of Liability and Indemnity below.
  9. 9. Your ticket purchase and/or participation in any train related departure/event grants Rail Events Productions permission to use your image in its promotional materials.

RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNITY

a) As lawful consideration for ticketed admission on to the premise for this event, I, on behalf of myself and on behalf of my heirs, successors, personal representatives, and assigns hereby shall indemnify and hold harmless Rail Events Productions (REP), American Heritage Railways, its officers, directors, employees and owners from and against any and all third-party costs, expenses (including reasonable outside counsel’s fees), liabilities, judgements, losses, damages, suits, actions, fines, penalties, claims and demands of any kind and asserted by or on behalf of any person, independent contractor or governmental authority arising out of the ticketholder’s participation, entrance, or presence on the premises, except for gross negligence or willful misconduct by REP. REP shall not be liable to ticket holder on account of: i) any failure by  Ticket Holder to perform any of the agreements, terms, or covenants or conditions of this Agreement, ii) any failure by Ticket Holder to comply with the statutes, ordinances, regulations or orders of any governmental authority unless caused by the failure of REP to perform under this Agreement or iii) any accident, death, or personal injury or property damage which shall occur on or as a result of the ticket holder’s participation, entrance, or presence at the event venue except as the same may be caused by the sole misconduct or omissions to act or negligence of REP, its employees or agents.
b) Guests and Ticket Holder waives all rights against REP and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained pursuant to this agreement.If any term or provision of the

Agreement is found to be unenforceable or invalid such shall not affect the other terms and provision which shall remain binding and enforceable.