California State Railroad Museum Foundation Ticket Purchase Terms and Conditions
Effective Date: August 30, 2024
Thank you for your interest in purchasing a ticket from the California State Railroad Museum Foundation (the “Foundation”). By purchasing a ticket, you, the “Buyer” agree to the following terms and conditions. Please read these terms and conditions carefully before completing the purchase.
1. Acceptance of Terms
By purchasing a ticket, the Buyer acknowledges and agrees that Buyer has read, understood, and agrees to abide by these terms and conditions, and any modification or amendment hereto.
2. Ticket Purchase
Tickets can be purchased online or in person at the Foundation’s ticket office. The Foundation does not list tickets with third-party vendors. Any ticket purchased from a third-party vendor is subject to cancellation by the Foundation. All ticket prices are listed in U.S. dollars and are subject to applicable taxes and fees. Payment must be made in full at the time of purchase. Accepted payment methods include major credit cards, debit cards, and cash. Complimentary tickets, including complimentary member tickets, must be picked up at the box office no later than twenty (20) minutes before the listed performance start time. Any unclaimed tickets will be subject to cancellation by the Foundation.
3. Ticket Delivery
Tickets will be delivered in the manner specified in the event description. Tickets delivered electronically will be sent to the email address provided at the time of purchase unless otherwise specified. The Foundation is not responsible for misdelivery or undeliverable tickets due to incorrect or incomplete email addresses. For physical tickets, delivery fees may apply and will be disclosed during the purchase process.
4. Ticket Holder Responsibilities
The Buyer is responsible for ensuring that all information provided during the ticket purchase process, including contact details, is accurate and up to date. The Foundation is not responsible for any issues arising from incorrect or outdated contact information provided by the Buyer.
5. Refunds, Cancellations, and Exchanges
Tickets are non-refundable and non-exchangeable except in the event of a cancellation by the Foundation. If the ticketed event is canceled by the Foundation, the Buyer will be entitled to a refund of the face value of the ticket only. The Foundation’s liability is limited to the face value of the ticket, and no additional compensation will be provided. In the event the Foundation reschedules the ticketed event, the Foundation will have the sole discretion to make tickets valid for the new date or to issue a refund.
6. No-Show Policy
If the Buyer or the Buyer’s guest(s) do not attend the ticketed event, the Buyer’s ticket(s) will be void and forfeited, and no refund will be provided.
7. Transferability and Resale
Tickets may not be resold or transferred for commercial or fundraising purposes without the express written permission of the Foundation. The Foundation reserves the right to void any tickets that have been resold or transferred in violation of these terms, and no refund or other compensation will be provided.
8. Event Admission
Valid tickets are required for entry. The Foundation reserves the right to refuse admission to anyone without a valid ticket. Guests are required to comply with all Foundation policies, including those related to guest conduct and photography, as detailed below, and the Foundation reserves the right to refuse admission or eject any person failing to comply with these terms and conditions.
9. Guest Conduct Policy
The Foundation is committed to providing a safe and enjoyable experience for all guests. Guests must treat other guests, staff, and volunteers with respect. Guests are required to follow all instructions from Foundation staff and volunteers. Disruptive, disrespectful, or unsafe behavior will not be tolerated, and the Foundation reserves the right to refuse admission or eject and person whose conduct the Foundation staff deems, in their sole discretion, to be disorderly, disruptive, disrespectful, or unsafe.
You, your guests, and your and your guest’s belongings, may be searched on entry to the ticketed event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the ticketed event without refund or other compensation. The following items are not allowed on the premises: weapons of any kind, illegal substances, outside food and beverages, and any items deemed dangerous or inappropriate by the Foundation staff. Smoking and vaping are not permitted anywhere on the premises.
A ticket is a revocable license, and breach of these terms, conditions, or rules will terminate your license to attend the ticketed event without refund. A ticket is not redeemable for cash.
10. Event Conduct and Safety
The safety of all guests, staff, and volunteers is a top priority. The Buyer agrees to comply with all health and safety guidelines in effect at the time of the ticketed event, which may include wearing masks, social distancing, or providing proof of vaccination or a negative COVID-19 test. Failure to comply with these guidelines may result in removal from the ticketed event without a refund.
The Buyer assumes all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the ticketed event, and regardless of how caused or contracted—and Buyer hereby waives any and all claims and potential claims against the Foundation, its agents, employees, and volunteers relating to such risks, hazards, and dangers.
11. Photography Policy and Release
The Foundation encourages guests to capture their memories during their visit. Guests are welcome to take personal photographs and videos using handheld devices. However, the use of tripods, monopods, and professional photography equipment is restricted and requires prior written approval from the Foundation. Any photography or video recording intended for commercial use, including media coverage, commercial advertising, or sale, must be pre-approved by the Foundation in writing. Please contact the Foundation at [email protected] for permission and guidelines. Please be mindful of other guests and staff when taking photographs. Avoid blocking walkways, exhibits, or entrances. Photography and video recording are prohibited in certain areas. These areas will be clearly marked, and guests are expected to comply with these restrictions.
By riding on the Foundation’s excursion trains, also known as the Sacramento Southern Railroad, or participating in the Foundation’s events, the Buyer consents that the Foundation may take video, audio, and still photographs of the Buyer and the Buyer’s party, including minor children in the Buyer’s care, before, during, or after the excursion train ride/event, on, in, and around the train, the boarding platform, the passenger station, the Museum, and the ticket office. The Buyer further acknowledges and consents to the use of the Buyer’s likeness and the likeness of any minor children in the Buyer’s care by the Foundation for all purposes which the Foundation deems appropriate. These uses may include, but are not limited to, posting to the Foundation’s social media or websites, posting on third-party websites, and for all marketing and promotional purposes deemed appropriate by the Foundation. By riding on the trains or participating in the ticketed event, the Buyer agrees and consents to the Buyer’s likeness and the likeness of any minor children in the Buyer’s care being used for the aforementioned purposes without compensation or notice.
Any person attending a Foundation event or excursion train ride who does not wish to have their image recorded for distribution must provide a written notice to the Foundation not less than five (5) business days prior to the ticketed event date at:106 K Street, Suite 200, Sacramento, CA, 95814. The person should also include a photograph of themselves and any guests subject to the request. The Foundation will limit its use of such photographs to identification purposes only and retain them in the Foundation’s records in accordance with its record retention policies, but will otherwise not use such photographs or likeness for any other purposes except or unless as may be required for personal or public safety or by law.
By failing to notify the Foundation, in writing, of the Buyer’s desire to not have the Buyer’s likeness or the likeness of any minor children in the Buyer’s care used, the Buyer agrees to indemnify, hold harmless, and defend the Foundation, its officers, directors, board, and agents, for any and all claims involving the use of the Buyer’s picture or likeness and those of any minor children in the Buyer’s care.
12. Hold Harmless
By purchasing a ticket and attending an event, the Buyer agrees to defend, indemnify, and hold harmless the Foundation, its officers, directors, employees, agents, volunteers, and affiliates from any claims, damages, losses, or liabilities (including reasonable attorney fees and costs) arising from or in any way related to the attendance of Buyer and all guests of Buyer at the ticketed event, except where such claims arise from the gross negligence or willful misconduct of the Foundation, its officers, directors, employees, agents, volunteers, or affiliates.
13. Assumption of Risk
The Buyer acknowledges the inherent risks associated with attending Foundation events which may include moving around, in, or about historic areas and equipment, including locomotives. As such, the ticketed event is a potentially hazardous activity. Accidents before, during, or after the ticketed event could lead to property damage, serious injury, or death, both to the Buyer and others. Risks associated with the ticketed event may include, but are not limited to: negligence or carelessness of the Foundation, its officers, directors, employees, agents, volunteers and affiliates; negligence or carelessness in the implementation or enforcement of any rules, regulations, or guidelines related to the ticketed event and/or in the selection, use, or maintenance of any equipment, facility, or service related to the ticketed event; and risks particular to railways and locomotives, including, but not limited to, train collisions, derailments, and dangerous conditions leading to slips, trips, and falls resulting in serious bodily injury or death.
The Buyer further acknowledges that participation in the ticketed event may include risks not reasonably foreseeable. In consideration for being allowed to participate in the ticketed event, the Buyer assumes all risks associated with the ticketed event, including those risks which are not reasonably foreseeable at this time.
14. Release of Liability
The Buyer, and on behalf of Buyer’s heirs, hereby releases the Foundation, its officers, directors, employees, agents, volunteers, and affiliates from any and all liability, claims, costs, expenses, damages, losses, obligations, or demands (including attorney fees and costs)for any injury, illness, loss, or damage, including but not limited to any claims arising from negligence arising out of or related to, whether directly or indirectly, the Buyer’s participation in the ticketed event. The Buyer expressly waives all rights under California Civil Code section 1542 which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
15. Limitation of Liability
The Foundation’s liability to the Buyer for any damages arising out of or related to these terms and conditions, or the Buyer’s attendance at a ticketed event, shall not exceed the amount of the ticket purchase price. In no event shall the Foundation be liable for any indirect, incidental, consequential, or punitive damages.
16. Force Majeure
The Foundation shall not be responsible or liable for any failure or delay in fulfilling its obligations under these terms and conditions if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, pandemics, government actions, or any other event that renders performance impossible or impracticable as determined by the Foundation in its sole discretion.
17. Changes to the Event
The Foundation reserves the right to change the date, time, location, or other details of any ticketed event. In the event of significant changes, the Foundation will notify Buyer as soon as possible via the contact information provided at the time of purchase.
18. Privacy and Data Protection
The Foundation is committed to protecting the Buyer’s personal information. By purchasing a ticket, the Buyer agrees to the collection, use, and processing of their personal data in accordance with the Foundation’s Privacy Policy, which is available at https://californiarailroad.museum. This includes the use of personal data for the purposes of ticket processing, event communications, and marketing, where consented.
19. Electronic Communications
The Buyer agrees that any communications, including but not limited to notices, changes to the ticketed event, or amendments to these terms and conditions, may be sent electronically to the email address provided by the Buyer at the time of ticket purchase, and the Foundation shall not be responsible for misdelivered or undelivered messages due to information or address errors by Buyer.
20. Updates and Notifications
The Foundation reserves the right in its sole discretion to update these terms and conditions to reflect changes in law, regulations, or organizational policies. The Buyer will be notified of any significant changes via email or through the Foundation’s official website.
21. Severability
If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the terms, which will remain in full force and effect.
22. Entire Agreement
These terms and conditions, along with any policies referenced herein, constitute the entire agreement between the Foundation and the Buyer regarding the purchase of tickets and supersede any prior agreements or understandings, whether written or oral.
23. Arbitration
Any controversy, dispute, or claim arising out of or relating to these terms and conditions, or breach thereof, or the Buyer’s attendance at the ticketed event shall first be settled through good faith negotiation. The Foundation and the Buyer will confer in good faith to resolve such dispute promptly. In the event the Foundation and the Buyer are unable to resolve their dispute, and should either desire to pursue a claim against the other, both the Foundation and the Buyer agree to have the dispute resolved by final and binding Arbitration. The Foundation and the Buyer agree that the Arbitration shall be held in Sacramento County, California. The Arbitrator shall award to the prevailing party the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the Arbitration.