Prior to participating in Fort Collins Tours, LLC. and/or Estes Park Ghost Tours, LLC activities or events, each participant will need to understand and accept the Event Waiver; which includes a release of liability, waiver of claims, assumption of risk, indemnity agreement, and photograph, audio, and video release.
By accepting this Event Waiver, event attendees will waive or give up certain legal rights, including the right to sue or to claim compensation following an accident. By accepting this Event Waiver, you are also accepting on behalf of all individuals for whom you are purchasing tickets. Continue reading for the full terms of the Event Waiver and ensure that each individual for whom you are purchasing event tickets also reads and understands the Event Waiver.
To: Fort Collins Tours, LLC and Estes Park Ghost Tours, LLC. and their directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns (all of whom are hereinafter collectively referred to as “the Releasees“)
Definition: In this Agreement, the term “activities” shall include but is not limited to: walking tours (e.g. Ghost Tours, Haunted Pub Tours, Gourmet Tours, Historic Tours, etc), and all activities, services and use of facilities either provided by or arranged by the Releasees including orientation and instructional sessions or classes, transportation, accommodation, food and beverage, water supply, and all vehicle travel.
Assumption of Risks –Terrain, Travel, and Weather: I understand that my participation in this activity is voluntary. I also understand that, by the very nature of this type of activity, I may be exposed to a variety of hazards and risks, foreseen or unforeseen. These inherent risks include, but are not limited to, serious personal injury, property damage, and death. I am aware that the Releasees may fail to predict whether the tour conditions are safe. The terrain used for activities may be uncontrolled, unmarked, not inspected, and involve many risks, dangers and hazards. These may include, but are not limited to: difficult weather conditions; impact or collision with other persons; becoming lost or separated from one’s party or guide; negligence of other persons; and negligence on the part of the Releasees, including the failure by the releasees to safeguard or protect me from the risks, dangers and hazards of activities. Communication during activities may be difficult, and in the event of an accident or illness, medical treatment may not be available or may be delayed. Weather conditions may be extreme and can change rapidly and without warning. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I am aware of the risks, dangers and hazards associated with activities and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom. I also understand that the Releasees reserve the right to make changes in the scheduled itinerary for the comfort and safety of its activity participants, or when deemed appropriate according to the best judgment of the guide. I further understand it is my responsibility to inform the Releasees of any mental or physical limitations which might prevent me or others from safely and satisfactorily completing this activity, and that my failure to do so could result in my dismissal, without refund, from the activity. I understand it is my responsibility to be in sufficiently good health to complete the activity. I acknowledge my participation is at the discretion of the guide. If I decide to leave the activity before its completion, I assume all risks inherent in my decision to leave and waive all liability against the Releasees arising from that decision.
First Aid: I acknowledge and agree that all expenses associated with first aid will be my responsibility and will not be covered by the Releasees. I further understand that on this activity there may not be medical facilities or expertise necessary to deal with the risks to which I may be exposed.
- Release of Liability, Waiver of Claims and Indemnity Agreement: In consideration of the Releasees allowing me to participate in activities as defined in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- To waive any and all claims that I have or may in the future have against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in activities, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of the Releasees, and further including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of activities referred to above.
- To hold harmless and indemnify the Releasees from any and all liability for any property damage or personal injury to any third party resulting from my participation in activities.
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the United States and the State of Colorado and no other jurisdiction.
- Any litigation involving the parties to this Agreement shall be brought solely within the State of Colorado and shall be within the exclusive jurisdiction of the Courts of the State of Colorado.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of activities, other than what is set forth in this Agreement. I confirm that I have read and understood this agreement in its entirety prior to accepting it, and I am aware that by accepting this agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees. I am voluntarily assuming all risks associated with this activity.
Photograph, Audio, & Video Release
The Releasees occasionally collect photographs, audio, and video from tours for use in promotional material; including websites, social media, and printed advertisement.
I hereby irrevocably consent to and authorize the reproduction, publication and/any other use by the Releasees, its licensees and assigns, of any photographs/audio/video collected during a tour, in whole or part in conjunction with other photographs/audio/video, in any medium and for any lawful purpose, including illustration, promotion, advertising or web content, without any royalty or compensation to me. I assign to the Releasees any and all rights of ownership to the photographs/audio/video, the transparencies or digital files thereof, and agree that the Releasees have full right to copyright, use and publish the same in print and/or electronically, with full right of lawful disposition in any manner. I waive any right to notice, inspection, or approval of any use of the photographs/audio/video which the Releasees, may make or authorize, and I release, the Releasees, and its licensees and assigns, from any claim or liability arising from or in connection with the Releasees use of the photographs/audio/video or any alteration, processing or use thereof in composite form, whether intentional or otherwise.