Rocky Mountain Arsenal Tour - Oct 11, 2025

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Pteravia LLC

Participant Waiver and Release of Liability Agreement & Tour Terms & Conditions

Tour Name: Rocky Mountain Arsenal Day Trip

Tour Date(s): October 11, 2025

Participant Waiver and Release of Liability Agreement

Acknowledgement of Risks

I, the undersigned, acknowledge and understand that participation in the Veracruz and the River of Raptors Tour (the “Tour”), organized by Pteravia LLC (“Pteravia” or the “Company”), involves inherent risks and hazards, including but not limited to:

Travel-related risks: Transportation delays, accidents, and exposure to severe weather conditions such as storms, extreme heat, or cold.

Physical activities: Hiking, walking on uneven terrain, and close proximity to wildlife, which may result in injuries or encounters with dangerous animals.

Health risks: Exposure to local illnesses, allergic reactions, and limited access to medical facilities.

Assumption of Risks

I voluntarily assume all risks associated with participation in the Tour. I understand that these risks may result in personal injury, illness, permanent disability, death, or property damage. I acknowledge that it is my responsibility to assess my own physical condition and limitations.

Release and Waiver

In consideration for being allowed to participate in the Tour, I hereby release, waive, and discharge Pteravia, its officers, directors, employees, agents, and affiliates from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by me or my property, whether caused by the negligence of Pteravia or otherwise, while participating in the Tour or in any activities related to the Tour. This waiver does not cover gross negligence or willful misconduct.

Indemnification

I agree to indemnify and hold harmless Pteravia from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, brought as a result of my involvement in the Tour, and to reimburse them for any such expenses incurred. This includes claims made by third parties arising from my actions during the Tour.

Medical Treatment

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Tour. I agree to be responsible for any and all costs related to medical care and transportation. I understand that medical facilities may be limited and that I am responsible for my own health insurance.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of Colorado without giving effect to any principles of conflicts of law.

Arbitration

Any disputes arising out of or related to this agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, any which proceedings shall be filed and held in Denver, Colorado.

Severability

If any provision of this agreement is found to be unenforceable or invalid, that provision shall be severed from this agreement, and the remaining provisions shall be enforceable to the fullest extent permitted by law.

Tour Terms & Conditions - Veracruz 2025

Tour Description

Pteravia agrees to provide the following tour services: the Tour will take place from September 25- October 3, covering various prime birding locations in Veracruz and Oaxaca, Mexico. Participants will stay in comfortable accommodations and enjoy meals at local restaurants and hotels. The Tour includes birding at historical sites, national parks, cloud forests, and private reserves, with opportunities to observe a diverse range of bird species and the peak period for bird migration.

Payment

The total cost for the tour is $4,690 USD for double room occupancy and $4,940 USD for single room occupancy per person, to be paid four months before the Tour’s start date unless otherwise stated. Discounts may apply if stated. A $500 USD deposit is required to secure a spot on the tour, which is non-refundable.

Cancellation Policy

Any cancellation will result in a total loss of the $500 USD deposit.

Any cancellations made between August 21 and September 1, 2024, will result in a loss of 50% of the trip price.

Any cancellation made between September 2, 2024, and the trip departure will result in a total loss of funds.

We recommend obtaining travel insurance that includes Cancel For Any Reason (CFAR) coverage. Pteravia can assist clients with obtaining this coverage through Seven Corners Travel Insurance if requested.

Tour Operator-Initiated Cancellation:

If Pteravia cancels the Tour for any reason, participants will receive a full refund of all payments made. Pteravia is not responsible for any additional costs incurred by participants (e.g., non-refundable airline tickets).

Responsibilities of Pteravia

Pteravia agrees to:

Provide experienced guides for the tour.

Ensure the safety and well-being of the participants to the best of their ability.

Provide necessary information regarding the tour and any equipment required.

Responsibilities of the Client

The Client agrees to:

Make all necessary payments as per the agreed schedule.

Follow the guidelines and instructions provided by the tour guides.

Bring the recommended clothing and equipment.

Liability

The Client acknowledges and agrees that Pteravia acts only as an agent for the passenger regarding travel and assumes no liability for injury, damage, loss, accident, delay, or irregularity caused by defect in such vehicles or for any other reasons whatsoever. The Client agrees to release, indemnify, and hold harmless Pteravia from any and all liabilities as detailed in the Participant Waiver and Release of Liability Agreement.

Health and Safety

The Client certifies that they are in good health and capable of participating in the tour. The Client agrees to follow all health and safety guidelines provided by Pteravia.

Changes to Itinerary

Pteravia reserves the right to make changes to the itinerary as deemed necessary for the safety and enjoyment of the participants.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Colorado.

Arbitration

Any disputes arising out of or related to this agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, any which proceedings shall be filed and held in Denver, Colorado.

Severability

If any provision of this agreement is found to be unenforceable or invalid, that provision shall be severed from this agreement, and the remaining provisions shall be enforceable to the fullest extent permitted by law.

By clicking here, I acknowledge that I have read the Participant Waiver and Release of Liability Agreement and Terms and Conditions; I fully understand and agree to their terms freely and voluntarily.

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Tour Terms & Conditions
Participant Waiver and Release of Liability Agreement

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Rocky Mountain Arsenal Tour - Oct 11, 2025