Pteravia LLC

Participant Waiver and Release of Liability Agreement

1. Acknowledgement of Risks

I, the undersigned, acknowledge and understand that participation in the Rocky Mountain Arsenal Half-Day Bird Tours (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.

2. 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.

3. 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.

4. 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.

5. 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.

6. Cancellation Policy

I agree to the following cancellation policy. If participants cancel more than 72 hours before the scheduled start time for the Tour, a full refund minus a 5% booking fee will be provided. Cancellations by participants made between 48 and 72 hours before the scheduled start time for the Tour are eligible for a 50% refund. Cancellations by participants within 48 hours of the scheduled start time for the Tour are non-refundable. If Pteravia cancels the Tour for any reason, participants will receive a full refund of all payments made regardless of timing. Pteravia is not responsible for any additional costs incurred by participants. The Tour will not be canceled due to weather except in extreme circumstances as determined by the Company. A participant’s aversion, unwillingness, or reluctance to attend the tour will not affect this policy. If participants need to reschedule, please contact Pteravia at least 72 hours in advance, and we’ll do our best to accommodate you, subject to availability.

6. 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.

7. 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.

8. 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.