WAIVER NOTICE
Waiver and Release, Assumption of Risk, Consent to Medical Attention, and Grant of Rights
By participating in the tour (“Tour”) offered by Aspen Walking Tours L.L.C. (the “Company”), I, and if I am under 18 years old, my parent or legal guardian, acknowledge and agree to be bound by the following Waiver and Release of Liability, Assumption of Risk, Indemnification, Consent to Medical Treatment, and Grant of Rights (“Waiver”):
1. Voluntary Participation I understand and confirm that my participation in the Tour is voluntary. I represent that I am in good health and have no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tour.
2. Comprehension of Risk I fully understand and accept all risks associated with participation in the Tour, including but not limited to: exposure to adverse weather; food-related illness or allergic reactions; choking; injuries caused by self, others, motor vehicles, or pedestrians; and all risks associated with walking in public areas beyond the Company’s control.
3. Assumption of Risk I voluntarily assume all risks—known and unknown, foreseeable and unforeseeable—associated with participation in the Tour. I accept full personal responsibility for any liability, injury, loss, or damage connected in any way to my participation.
4. Release of Liability; Limitation of Damages To the fullest extent permitted by Colorado law, I forever release and discharge the Company and its affiliated entities, parent companies, subsidiaries, current and former employees, officers, owners, members, managers, partners, contractors, insurers, shareholders, and directors (“Released Entities”) from any and all claims, demands, causes of action, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) (“Claims”) arising out of or related to my participation in the Tour, including those resulting from the ordinary negligence of the Released Entities.
This release does not apply to Claims resulting from gross negligence or intentional misconduct. In all cases, the Company’s liability, if any, shall not exceed actual damages and shall not exceed $500. This limit shall represent the exclusive remedy for any claim and shall apply in the aggregate across all claims. In no event shall the Company be liable for any incidental, consequential, indirect, or punitive damages.
5. Indemnification I agree to indemnify, defend, and hold harmless the Released Entities from and against any and all Claims in any way arising out of or related to my participation in the Tour, including any claims brought by third parties.
6. Consent to Medical Treatment I authorize the Company to provide, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services as may be necessary. I understand this authorization does not create a duty or obligation for the Company to provide such services. I further understand that I am solely responsible for all costs related to medical care and that I am encouraged to maintain personal health insurance coverage.
7. Grant of Media Rights I grant the Company the right to use photographs, video, audio recordings, and other media that may include my image, voice, or likeness, taken during my participation in the Tour, for any lawful promotional, marketing, or informational purpose, in any medium, without compensation.
8. Severability If any provision of this Waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any unenforceable provision shall be modified to the extent necessary to be enforceable under applicable law.
9. Binding Effect This Waiver shall be binding upon my heirs, legal representatives, next of kin, assigns, and shall inure to the benefit of the Company, its successors and assigns.
10. Minors I understand that under Colorado law, a parent or guardian may not waive a minor’s right to bring a negligence claim. By permitting a minor to participate, I acknowledge that I have read this Waiver, understand its terms, and accept the risks on behalf of the minor to the extent permitted by law. I further acknowledge that this Waiver does not release any claims for negligence to the extent prohibited by Colorado law.
NOTICE: THIS IS A RELEASE OF LIABILITY. BY PARTICIPATING IN THE TOUR, I REPRESENT THAT I HAVE CAREFULLY READ THIS WAIVER, UNDERSTAND ITS TERMS, AND VOLUNTARILY AGREE TO BE LEGALLY BOUND BY THEM. IF PARTICIPANT IS UNDER 18 YEARS OF AGE: Participation by a minor indicates that their parent or legal guardian has read, understood, and accepted this Waiver on behalf of the minor, subject to Colorado law.