(This document copied to disk 8/2/96.) NARCOA Operations Handbook January 1, 1996 Edition 1.0 INTRODUCTION This handbook is designed to be a reference for all NARCOA Members. It contains the policies and guidelines which have been approved and adopted by the Board of Directors of NARCOA. It contains helpful information for meet coordinators and the individual motorcar operator. 1.1 INTENT The intent of the Operations Handbook is to collect motorcar related information into a single, easy-to-find booklet. For the meet coordinator, it provides guidelines and checklists used to arrange and conduct successful meets. For operators, it provides information designed to insure continued safe motorcar operation. 2.1 MEET COORDINATOR A member who desires to organize a motorcar meet must be certified by the Operations Committee or their designee. 2.2 CERTIFICATION PROCESS FOR MEET COORDINATORS The certification process is as follows: A. A person must be a member of NARCOA and in good standing. B. A member must have NARCOA Insurance C. A member must be mentored by a Certified Meet Coordinator D. A member must have a thorough knowledge of the NARCOA Rules and safety procedures and agree to use them at his/her meet. E. A member agrees to abide by the actions of the Board of Directors. 2.3 MENTORS A. A mentor is a member who has experience running and coordinating a motorcar meets. B. The mentor has been certified as Certified Meet Coordinator. C. The mentor will assist new meet coordinators with all aspects of organizing and running a motorcar meet. D. A mentor may certify a new meet coordinator if he/she feels that the meet coordinator followed the NARCOA Operations Manual, the rules of NARCOA, and performed in a satisfactory and professional manner. E. The mentor shall contact the Chairperson of the Operations Committee when he/she is satisfied a new meet coordinator is qualified to be a Certified Meet Coordinator. F. The Chairperson will add the meet coordinator to the Roster of Certified Meet Coordinators. G. In an effort to form a core of Certified Meet Coordinators, every member who has organized and operated a NARCOA sanctioned motorcar meet prior to December 31, 1995 will be a Certified Meet Coordinator. 3.1 SANCTIONED NARCOA MOTORCAR MEETS A sanctioned NARCOA motorcar meet is one in which a Certified Meet Coordinator has received the following from participants, host railroad, and individuals that will be attending the meets A. Certificate of Permission 1. This is supplied by the Regional Insurance Administrator. 2. The certificate must be filled out by a representative of the host railroad and forwarded to the Regional Insurance Administrator. B. Certificate of Insurance naming the host railroad as co-insured C. General Releases for releasing the railroad and NARCOA from liability. 1. These releases are held by the meet coordinator for a period of two years or more depending on state statutes 2. Copies or originals are given to the host railroad D. Alcohol, Drug, and weapons Releases are to be signed by all participants and retained by the meet coordinator for a period of two years or more depending on state statutes. 4.1 COORDINATING A MOTORCAR MEET A. Railroads - once you have obtained permission to ride a host railroad, it is helpful to ask many questions A list of these questions is in the appendix B. Meet coordinator - It is the responsibility of the meet coordinator to coordinate all phases of the meet. 1. The meet coordinator is the sole contact with the railroad 2. The meet coordinator should select a team of qualified members to help with the following items; a) Registration. b) Inspection. c) Grade crossing protection. d) storing of automobiles and trailers. C. Insurance - The meet coordinator is responsible for arranging liability insurance coverage for the host railroad. For NARCOA sponsored meets the host railroad is added to the insurance policy as an additionally insured for a fixed number of days. The host railroad is added to the policy on the days of the meets and, in some cases, the day preceding and the day following the meet. Third party insurance provides a resource of money to cover financial claims of personal injury or property damage. These claims would be filed by non-NARCOA members who were either injured or whose property was damaged directly or indirectly by use of motorcars at a NARCOA sponsored meet. The process for obtaining insurance is to contact the Regional Insurance Administrator of NARCOA. That person will send a Certificate of Permission to the Meet Coordinator to have the railroad official sign. When that is completed, it should be returned to the Regional Insurance Administrator. Upon receipt the Regional Insurance Administrator will process it and the railroad will be sent a Certificate of Insurance which names it as co-insured for the time specified on the Certificate. A list of insured members will be provided upon request from the Insurance Administrator IT IS THE RESPONSIBILITY OF THE MEET COORDINATOR to make sure ALL operators have NARCOA insurance. No other insurance will be accepted. D. PLANNING - The meet coordinator has a responsibility to create a plan for the day(s) event that is realistic, considering the number of cars expected. A good plan will include the following items. a) A realistic schedule that can be held and includes some extra time for the inevitable delays. 1. ASSEMBLING TIME. Time that everyone should arrive at the meet site to take care of the paper work and inspections 2. PAPER WORK TIME. Time to have member's sign waivers and other necessary paper work. 3. INSPECTION TIME. Time to inspect all the cars at the meet (an example of an inspection report is in the appendix). Meet Coordinators or their designee must inspect all motorcars. 4. SAFETY TIME. Time to give the safety talk and give SAFETY and information about the ride. Usually, a railroad person is here at this time to give added advice and instructions. 5. RIDE TIME. Time for the ride. Schedule enough hours to make your destination, allowing time for delays. 6. ENDING TIME. Allow enough time for members to thank their host railroad official and load their motorcars. b) Parking. 1. Make sure there is enough parking for all the member's trailers and automobiles. 2. Make sure you have permission from the place you park cars and trailers. They may need insurance coverage. c) Set on spot. 1. Select an area which will permit as many motorcars to set on the rails as possible at one time without confusion. 2. The best place is a parking lot with a track through it. 3. Flaggers may be needed to flag a crossing while members are unloading their cars. 4. Directions to the set on location should be clear 1Y stated. If a map is available, use it. d) Registration. While it is to a meet coordinator's advantage to have pre-registration that is not always possible. 1. Send all waivers, agreements, directions, and information to registrants well in advance of the meet with instructions to return them to the meet coordinator prior to the meet. 2. Have a registration table staffed by two people. 3. Have enough small change to make change 4. Have enough extra waivers and agreements. 5. Check for NARCOA INSURANCE CARDS. 6. Have lots of pens available. 7. Make sure everyone has signed NARCOA Waivers and agreements. e) Participant Materials. It is nice to provide members with the following: 1. A schedule of the day's events. 2. Track profiles. 3. Railroad timetables showing the stations and towns they will travel through. f) Sleeping accommodations. They should be neat and accessible. Motels, hotels B & B and camping grounds should be made available to members. Instructions should be clear as to their location, price, and availability. If time is important in making reservations it should be clearly stated. g) Transportation: If transportation for people and equipment is necessary. Buses or vans should be utilized to allow for easy access of equipment stowage. h) Publicity. A meet coordinator should publicize a meet. Information should be sent to the SETOFF Editor and regional newsletters. The information should include: 1. Date of meet. 2. What state it will run in. 3. Where the meet will take place. 4. The track mileage. 5. Cost of the meet. 6. Person to contact for information. Include name 7 address, phone number. 7. If there is a maximum number of members who may attend it should be noted. 8. Any other type of publicity, such as TV, Radio, Newspapers, etc., should be cleared with the host railroad. It may be necessary to send invitation out to the members when it cannot be publicized in time for everyone to see. A mailing list of members can be obtained from the Membership Chairperson. i) SECURITY. Sometimes it is necessary to provide security for members' personal property. It is suggested that the local police be contacted as a minimum security. j) BREAKDOWNS. In the event of a breakdown or performance problem a motorcar operator may spend as little time as possible to repair the problem. the meet coordinator should select the amount of time he/she will permit for repairs. This time should be announced in the beginning of the meet at the information and safety meeting. If the problem cannot be repaired within the time allotted, the car must be towed or set off at an appropriate place. p) LEAD AND REAREND MOTORCARS. It is suggested that the meet coordinator be either the lead car or rearend car. The end that the meet coordinator does not take should be operated by someone with great experience in all operations of motorcars and be experienced at running meets. 1. Both lead motorcar and rear motorcar should have a copy of the Certificate of Permission or other documents issued by the host railroad. q) COMMUNICATION. Facilities for emergency communications should be considered by Meet Coordinators. It is strongly recommended that the lead motorcar and rear motorcar have some sort of communications. 1. It is recommended that two-way FM radios by used. 2. It is recommended that cellular phones be available for emergency use. 3. Radio communication should be restricted to members directly connected to the operation of the meet. 4. They should be designated at the beginning of the meet so everyone will know who they are. 5.1 ACCIDENTS. In the event of an accident of any type, the meet. coordinator must be notified and appropriate action must be taken to render first aid. 1. A list of items used in standard group first aid kits is listed in the attached forms. 2. A meet coordinator must report, in writing, ALL ACCIDENTS which occur on his/her meet, to the Insurance administrator. The forms for accidents will be provided by the Operations Committee. 3. A meet coordinator who fails to report ALL ACCIDENTS, as specified above, will be referred to the Judicial Committee for possible disciplinary action. 5.2 ACCIDENT DISCIPLINE: The policies for disciplinary action are set by the Judicial Committee and acted on by the Board of Directors. The process of discipline is as follows: 1. The meet coordinator reports ALL ACCIDENTS in writing to the Insurance Administrator. 2. The Insurance Administrator will send a copy of the written report to the Chairperson of the Judicial Committee. 3. The Chairperson of the Judicial Committee will conduct an investigation to find out more evidence that may not have been available at the time of the accident. 4. The Chairperson of the Judicial Committee will contact all members of that committee and discuss a course of action to be taken. 5. The Chairperson will make a recommendation to the Board of Directors. 6. The Board of Directors will make the final decision whether to discipline a member. 7. The Board of Directors will notify the individual who caused the accident of their decision. 8. The individual who caused the accident will have an appeal process which is specified in the policy manual. 6.1 NOTIFICATION OF REVOCATION. The Board of Directors will notify the Operations Committee Chairperson of any discipline which they have made. The Chairperson will notify meet coordinators of the disciplinary action of a member. It is the meet coordinator's responsibility to enforce the actions taken by the Board of Directors. 7.1 INJURED PERSON. It is suggested that the meet coordinator determine the nearest medical assistance and hospital in case of an injury while on the meet. It is always recommended to have a doctor, EMT, or some other person who is trained in in medical procedures. 8.1 VIOLATION OF RULES AND REGULATIONS. Any violation of the rules should be reported to the meet coordinator. He/she will c-determine the appropriate action to be taken. Any rules that are repeated]y violated by a member shall be grounds for removal from a meet. The member shall be referred to the Judicial Committee for possible disciplinary action. It is suggested that if the violation is serious enough that- a Regional NARCOA Board member be notified as soon as possible. 9.1 TERRITORIES All NARCOA members and organizations listed as Chapters or affiliated with NARCOA will treat other members and affiliates with respect and courtesy. There shall be no members or other type of organizations making rules which forbid membership or operation of a member in other Chapters or affiliates for any reason other than disciplinary actions of the Board of Directors. There shall be no rules claiming territory or specific railroads in any manner. Dues and excursion fees must be applied equally to all members, excluding fees rescinded for labor such as the meet coordinator's. It must be realized that railroads are permanently located, and members of affiliates cannot "claim" a railroad merely by being located physically close or any other reason. All NARCOA members, chapters, and affiliates in good standing must have equal rights to excursions any cooperating railroad. Ideally, each railroad should have contact with one person in the local area to deal with all excursions. Individual(s), usually the person in the local area who makes the first contact with a railroad, must be contacted before a new-to-the-railroad member contacts the railroad. Arrangements between the "new" members and the original member or group should specify how railroad contact, scheduling, and pricing are to be made. Under no circumstances is one member of a group to make profits from another unless agreed upon. Charges from one member or group to another are to be for reasonable expenses. Disputes are to be settled by the Board of Directors of NARCOA. All group members who hold supervisory, Chapter Board, or official status have special responsibility to avoid words or deeds that are arrogant, insensitive, or capricious. They should set an example of good conduct for others to follow. 10.1 POLICY MANUAL. This policy manual is designed to be a guide to the policies that are set forth by the Operations Committee and the Board of Directors of NARCOA. It will be amended from time to time to reflect the changes agreed upon by the Board of Directors. If you, as a member, would like to see changes in this manual, contact the Operations Committee for consideration. NARCOA EVENT Questionnaire A. What is the name of the railroad? B. Who is the General Manager/Owner? C. What date will we ride? D. What is the address of the railroad? E. Who will be the contact person? F. What is your radio frequency? G. Do you have a written history of the railroad? H Do you have a systems map? I. Where will we put our motor cars on the rails? J. Do you want NARCOA Waivers provided? K. Where will we store our trailers? L. What will be the cost for riding the line"? M. What time shall we assemble? N. What time shall we depart? O. Where will we end the ride? P. Do you have speed restrictions? Q. How many miles will we ride? R. Will your railroad provide someone to flag crossings? S. Will someone from the railroad be leading/following us? T. Will there be other rail traffic? U. May we take meal breaks? V. Are there access points for disabled vehicles? W. May we make photo stops? X. What towns will we go through? Y. What are the most scenic spots along the line? Z. Would you object to NARCOA contacting the media? AA. Could your provide the names & addresses of the local media? AB. What motels and hotels are close to our destination? AC. What medical facilities are in route? NARCOA MEMBERSHIP FORM The North American Railcar Operators Association is a non-profit organization of motorcar owners, historians, railroad officials, and others dedicated to the preservation, safe, and legal operation of railroad motorcars, and other maintenance-of-way vehicles. NARCOA sponsors many motorcar events around the country each month, and publishes the SETOFF, a bi-monthly magazine which features articles on motorcar maintenance, photographs, manufacturer's literature, and information on motorcar events around the country. NARCOA membership makes you eligible to participate in all NARCOA functions. For $20.00 a year you can join in the fun of riding the main line with us. Fill out the form below and mail it today. ___________________________________________ FIRST NAME MIDDLE LAST NAME _________________________________________ STREET ADDRESS __________________________________________ CITY STATE ZIP ___________________________________ PHONE NUMBER ______________________________________ MANUFACTURER OF MOTORCAR _________________________________________ NUMBER OF MOTORCARS OWNED ___________________________________________________ TYPES OF MOTORCARS OWNED Send Membership Form and $20 to: NARCOA, c/o Joel Williams, Box 82, Greendell, NJ 07839. MEET CHECK LIST Name of railroad ______________ 1. What is Date of meet ______________ 2. Certificate of Permission ______________ A. Date Sent to Railroad ______________ B. Date sent to insurance company ______________ C. Who sent the insurance fee ______________ D. Date received insurance fee ______________ 3. Questionnaire A. Date Sent to Railroad ______________ 4. Waivers A. Date Sent to Railroad for approval ______________ 5. Motel Reservations A. Central motel headquarters ______________ B. How many reservations will we need ______________ C. Who is contact person for motels ______________ D. How much will it cost ______________ 6. Transportation A. Who is contact person for transportation ______________ B. How much will it cost ______________ C. What is the schedule for service ______________ D. How many buses will we need ______________ 7. Food A. Where are the restaurants along the ______________ B. How much food should we bring along ______________ C. How long will we have to store it ______________ 8. Gasoline provisions A. Where is gas in relation to the tracks ______________ B. How much per gallon ______________ C. What kind of transportation will we need to haul gas _____ 9. Directions A. How do we find the "set-on" location ______________ B. Are Maps available ______________ 10. Special parties. Banquets A. What is the location ______________ B. Who will be there ______________ C. How many members will it hold ______________ 11. Miscellaneous Items A. Rest rooms facilities ______________ B. Portapotties ______________ C. Unseen hazards on the meets ______________ D. Health information of participants ______________ Major First Aid Kit for Motorcar Excursions Latex Gloves Paramedic shears BP cuff (sphygmomanometer) Flashlight Note Pad and Pencil 4" x 4" gauze sponges (20) 2" x 2" gauze sponges (20) Adhesive tape, various sizes l/2", l", 2" Duct Tape Butterfly bandages Band-Aids Trauma dressings (2) Occlusive dressings (2) 250 ml betadyne Alcohol pads l liter normal saline for irrigation Triangular bandages (2) Gauze rolls (Kling) (6) Ice Packs (6) Ammonia Capsules Elastic Bandages (6) Wire Splint Finger Splint Cervical collars: l each small, medium, and l large Sting Killer Tweezers Q-tips .: Snake Bite Kit Suction tool Oro-pharyngeal Airways l I Nasal Airways ~ ~ Petroleum Jelly Glucose Stretcher Optional but nice: Oxygen cylinder, regulator, canulas, masks NARCOA ACCIDENT FORM THIS FORM SHALL BE USED WHEN THERE IS MOTORCAR ACCIDENT ON A MOTOR. IT SHALL BE COMPLETED AND SENT TO THE INSURANCE Administrator First Party (motorcar operator) ____________________________________________ First Name Middle Last Name ______________________________________________________ Street Address City/Town State Zip _________________________________________________ Home Telephone Business Telephone NARCOA Insurance Card Number ________________________ Type of Motorcar____________ Make of motorcar___________ ======================================================== Second Party (motorcar operator, vehicle, person, other physical object) ____________________________________________ First Name Middle Last Name ______________________________________________________ Street Address City/Town State Zip _________________________________________________ Home Telephone Business Telephone _________________________________________________ Driver's License State Issued NARCOA Insurance Card Number ________________________ Type of Motorcar, vehicle, object _____________________ Make of motorcar, vehicle, object _____________________ _________________________________________________ Vehicle License Number State Issued Expiration Date WITNESSES 1. ____________________________________________________ First Name Middle Initial Last Name __________________________________________________ Street Address City/Town State ________________________________________________ Home Telephone Business Telephone 2. ____________________________________________________ First Name Middle Initial Last Name __________________________________________________ Street Address City/Town State ________________________________________________ Home Telephone Business Telephone GIVE A WRITTEN DETAILED DESCRIPTION OF THE ACCIDENT. Include measurements from a given pint of reference. Take pictures. Draw a detailed outline of the accident scene. List the date of the accident, place of accident, all parties to the accident, and all circumstances which are related to this accident. ______________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ ______________________________________________________________ _______________________________________________________________ ______________________________________________________________ ______________________________________________________________ _______________________________________________________________ _______________________________________________________________ ______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ ___________________________________________________________ _______________________________________________________________ _______________________________________________________________ ______________________________________________________________ _______________________________________________________________ ______________________________________________________________ ______________________________________________________________ _______________________________________________________________ _______________________________________________________________ ______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ ___________________________________________________________ I have completed my accident investigation of the accident that happened on (Month, Date, Year). I recommend the following source of action. _________________________________________________ _____________________________________________________________ _____________________________________________________________ I am the Certified Meet Coordinator and represent that every thing stated above is true and accurate to the best of my ability. ____________________________ ___________ Certified Meet Coordinator Date NARCOA General Release In consideration of the ___ ("Railroad") Granting the undersigned the permission to enter upon its property in the vicinity of ___ date(s) of ____, for the purpose of a motorcar excursion, the undersigned, knowing the risk and danger assumed by him, and attendant upon his exercise of that permission and that Railroad is under no duty or obligation to give him such permission, hereby assumes all risk of injury to his person (including death) or loss of or damages to his property occurring or arising or resulting from being upon or about the said Railroad's right-of-way, premises, structures, motive power or rolling stock, or from the acts or omissions, negligent or otherwise, of the officers, agents, servants, licensees or invitees of the Railroad or otherwise; and the undersigned for himself, his executor or administrator or assigns and his heirs at law and next of kin, hereby releases and forever discharges the Railroad, its successors and assigns, North American Railcar Operators Association ("NARCOA"), and its officers and members, for injury to his person (including death) and loss and damage to his property occurring or arising while or resulting from being upon or about said right-of-way, premises, structures, motive power or rolling stock of the Railroad, whether due whole or in part to the condition or operation, negligent or otherwise, of said right-of-way, premises, structures, motive power or rolling stock, in whole or in part, to the acts or omissions, negligent or otherwise, of the officers, agents, servants, licensees or invitees of the Railroad.. The term "his" as used herein refers to both male and female signers on this General Release. INDEMNITY AGREEMENT. I hereby unconditionally agree to indemnify Railroad and NARCOA, their officers, directors, and members against any and all liability, loss, costs, damages, fees of attorneys, loss of funds advanced and other expenses which the undersigned may sustain or incur of or in consequence of the undersigned and/or his family and friends from the uses of the above-mentioned Railroad's property including, but not limited to sums paid of liabilities incurred to third parties and in settlement of and expenses paid or incurred in connection with claims, suits or judgments, resulting from the undersigned's use of Railroad property as aforesaid. This agreement shall inure to the benefit of Railroad and NARCOA, their officers, directors, and members, and successors and assigns. I am 18 years of age or older and have read this general release and indemnity agreement carefully. I understand that I am assuming for myself and for all my minor children accompanying me all risks of every kind as herein above set forth in this general release and indemnity agreement. ( ) Initial Date: _________ Signature: _______________________________ Child Name Printed:_____________________________ Age: ____ Parent or legal guardian must sign for minor children. Child Name Printed:____________________________ Age:____ Parent or legal guardian must sign for minor children. Date: _________ Signature: _______________________________ NARCOA, Rev 8/9/95. Supersedes all previous revisions. NARCOA Policy on Alcohol/Drug Use The Board of Directors of NARCOA has decided as a matter of policy to prohibit the use of alcohol and drugs by participants at NARCOA events. Participants agree to abide by the following guidelines: 1. No alcohol/drugs, in open or unopened containers of an type, are permitted aboard any motorcar or other railroad vehicle, nor are they permitted to be brought onto the property of the host railroad, during an NARCOA event. 2. No participant shall operate a motorcar or other railroad vehicle at an NARCOA event while under the influence of alcohol/drugs. 3. NARCOA officers, event officials and officials of the host railroad retain the right to inspect motorcars and the personal effects of event participants for alcohol/drugs. 4. Event participants who are found to be in possession of alcohol or drugs, or under the influence of alcohol or drugs, during an NARCOA event will be requested to leave the event for its duration and remove themselves from the host railroad's property. Persons requested to leave under these circumstances will not be entitled to a refund of registration fees. 5. The event participant, fully knowing that alcohol/drug usage is grounds for immediate removal from railroad property assumes all risks and responsibility for themselves and their passengers after being removed from the railroad property. Under no circumstances is NARCOA, its officers, agents, servants, employees, and lessors, and the railroads from which NARCOA contracts for the use of track for excursions, their of officers, agents, servants, employees and lessors responsible after the operator and his passengers are removed from the meet and railroad property. While not wishing to be overly restrictive with the above guidelines, the directors of the NARCOA are dedicated to safe motorcar operation. Alcohol and drugs and railroads do not mix, and alcohol and drugs will not be permitted at NARCOA events. Having read the above, I agree to abide by the guidelines outlined by the policy. I understand that failure to abide by the guidelines will result in my suspension from the event and possibly NARCOA. Date: _____ Name: ________________ Printed: ________________ Date: _____ Name: ________________ Printed: ________________ Date: _____ Name: ________________ Printed: ________________ Date: _____ Name: ________________ Printed: ________________ Date: _____ Name: ________________ Printed: ________________ NARCOA, Rev 8/9/95. Supersedes all previous revisions. NARCOA Agreement In consideration of North American Railcar Operators of America (NARCOA) its officers, agents, servants, employees, and lessors, and the railroads from which NARCOA contracts for the use of track for excursions, their officers, agents, servants, employees, and lessors, herein after referred to as NARCOA/RRs allowing (please print your name) __________________________ to utilize the facilities and participate in the motorcar excursions and related activities of NARCOA/RRs it is agreed that: 1. ASSUMPTION OF RISK. I know and understand the scope, nature, and extent of the risks involved in motorcar operation on track, related motorcar activities such as set on and off, and in general the dangers of the railroad environment. I have studied the NARCOA Rule Book and understand the content and logic for each of the rules. I freely and voluntarily chose to incur such risks understanding that those risks may include injury or death. ( ) Initial 2. EXEMPTION FROM LIABILITY. I exempt and release NARCOA/RRs from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me or my property while upon the NARCOA/RR's premises, equipment, track or while participating in any of the activities contemplated by this Agreement, whether such loss, damage, or injury results from the negligence, either active or passive, of NARCOA/RRs or from some other cause. I agree that NARCOA/RRs have no responsibility for my acts or safety during motorcar excursions, and that NARCOA/RRs have no responsibility for the acts or safety of other operators and guests during motorcar excursions. By entering into this Agreement, I understand that I am giving up legal rights which I may otherwise have. ( ) Initial 3. COVENANT NOT TO SUE. I agree never to institute any suit or action at law or otherwise and hereby instruct my heirs, executors and administrators never to institute any suit or action at law or other wise against NARCOA/RRs nor to initiate any nor assist the prosecution of any claim for damages or cause of action which I, my heirs, executors or administrators may have by reason of injury or death to my person or property arising from the activities contemplated by the Agreement. ( ) Initial 4. INDEMNITY AGAINST THIRD PARTY CLAIMS. I will indemnify, save and hold harmless NARCOA/RRs from any and all losses, claims, actions, or proceedings of every kind and character, including attorney's fees and expenses, which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from the activities contemplated by this Agreement. ( ) Initial 5. CONTINUATION OF OBLIGATIONS. I agree and acknowledge that the terms and conditions of the foregoing EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNITY AGAINST THIRD PARTY CLAIMS shall continue in full force and effect now and in the future at all times and shall be binding upon my heirs, executors and administrators of my estate. ( ) Initial 6. VALIDITY OF WAIVER. I understand that if I institute any suit or action at law for any claim from damages or cause of action because of injury or death to my person or property due to the activities contemplated by this Agreement, this waiver can and will be used in court and that waivers of this type have been upheld in courts in similar circumstances. ( ) Initial 7. REPRESENTATIONS AND WARRANTIES. I represent and warrant that I am on no medication or drugs, or have no physical infirmities, chronic ailment, or injury that individually or together would impair in any way my ability or judgment in the safe operation of a railroad motorcar. ___________________________________________________ (List infirmities. If none, state "none".) ( ) Initial 8. INDEMNITY AGREEMENT. I hereby unconditionally agree to indemnify NARCOA/RRs against any and all liability, loss, costs, damages, fee of attorneys, loss of funds advanced and other expenses which the undersigned may sustain or incur of or in consequence of the undersigned and/or his/her family and friends from the uses of above mentioned NARCOA/RRs property including, but not limited to sums paid of liabilities incurred to third parties and in settlement of and expenses paid or incurred in connection with claims, suits or judgments resulting from the undersigned's use of NARCOA/RRs property as aforesaid. This agreement shall inure to the benefit of NARCOA/RRs, their officers, directors, and members, and successors and assigns of the undersigned. ( ) Initial 9. VENUE. Any disputes arising from the activities contemplated by this Agreement will be interpreted under the laws of the State of Delaware and will be submitted to arbitration in accordance with the rules and procedures of the American Arbitration Association, with exclusive venue for such proceedings in the State of Delaware. ( ) Initial 10. AGREEMENT NOT TO BOOTLEG. I hereby agree, as an operator and NARCOA member of good standing that I will not "bootleg" railroads (use track without owner's proper permission). I understand that to do so will mean the loss of my NARCOA operating privileges for at least one year. ( ) Initial 11. ENTIRE AGREEMENT. This agreement sets forth the entire agreement between the parties and can be altered or amended only by subsequent written instrument duly executed by each of the parties hereto. ( ) Initial ____________________________________________________________ NARCOA Officer or Board Member Operator's Signature NARCOA, Rev 8/9/95. Supersedes all previous revisions.