Pteravia LLC
Participant Waiver and Release of Liability Agreement
Tour Name: Southern California Bird and Stay Trip
Tour Date(s): April 24 – April 27, 2026
Participant Waiver and Release of Liability Agreement
- Acknowledgement of Risks
I, the undersigned, acknowledge and understand that participation in the Outer Banks Bird 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.