Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement

By registering and paying a deposit for any services, tours, or programs provided by Reefs to Rockies, LLC,, a Colorado limited liability company, and in consideration of the services and tour programs (collectively, “tour”) provided by Reefs to Rockies LLC (“Reefs to Rockies”, “we”, or “us”), including but not limited to expeditions and workshops, I, an adult traveler or parent or legal guardian of a traveler who is a minor (under 18 years of age; the “Child” or “Minor”), acknowledge and agree to the following terms and conditions to the maximum extent allowed by law on my own behalf or, if applicable, on behalf of the Child.

Responsibility: I understand that Reefs to Rockies, LLC, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, guides, trip leaders, associates, volunteers, successors and assigns (collectively, ” Reefs to Rockies,”) act only as an intermediary for the various independent suppliers (“Third Party Suppliers”) that provide accommodations, meals, transportation, sightseeing, activities and other goods and services connected with my tour. These Third Party Suppliers are independent contractors only, and are not agents, partners, co-venturers or otherwise associated with Reefs to Rockies. I understand further that Reefs to Rockies does not and cannot control the quality of their services. I understand and agree that Reefs to Rockies assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any supplier, including its Third Party Suppliers, or of any other third party, or their financial insolvency, bankruptcy, or dissolution. A supplier’s services are subject to the supplier’s own terms and conditions, which I understand that I will have to sign in order to obtain their services, as well as the local laws and regulations of the relevant country. I understand and agree that I am bound by that Third Party Supplier’s standard terms and conditions with respect to my legal relationship to the owners and operators of the service, their agents (including Reefs to Rockies) and the Third Party Supplier’s staff. I understand that Reefs to Rockies is not responsible for the financial condition of its Third Party suppliers and has no special knowledge of their financial condition.

COVID-19: I understand the novel coronavirus, also known as COVID-19 (“the novel coronavirus”) a is believed to be spread by person-to-person contact, which includes touching a surface that has been contaminated by an infected person. I also understand that someone, e.g., another participant, a tour leader or guide, or other third party could have the novel coronavirus but not show symptoms. Further, I understand that participating in activities offered by Reefs to Rockies or using any of its equipment or property may expose or infect me or any minor in my custody or case. I understand that the risks relating to the novel coronavirus, including contracting the virus, are inherent in my trip, and I assume those risks.

Voluntary Participation and Assumption of Risk: I confirm that I am voluntarily participating in the tour and am aware I am voluntarily participating in the tour, which will involve one or more of the following activities depending on my itinerary and the activities in which I elect to participate: walking, trekking, trekking at high altitude, swimming in various bodies of water such as rivers, bays, inlets, lakes and the ocean, sailing, cruising, scuba diving, snorkeling, wet and dry landings from a dinghy, nature walks, encounters with wild fauna and flora, kayaking, rafting, horseback riding, hot air balloon riding safari, and/or other outdoor activities or sports (collectively, “Adventure Activities”). I understand that this list is not exhaustive of all Adventure Activities that may be made available to me and that I may decide to participate in. These Adventure Activities may take place in remote areas, areas with wild and/or domesticated animals, in areas with steep and/or uneven terrain, and in areas with little to no infrastructure. These Adventure Activities may also be provided by third parties over whom Reefs to Rockies has no control and no responsibility.

I acknowledge that I have voluntarily applied to participate in the tour on which I am booked, which will involve outdoor and adventure activities (collectively, “Adventure Activities”) and traveling in foreign countries (if indicated in the tour itinerary) and/or remote areas. I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: emotional trauma; personal injury; disfigurement; temporary or permanent disability (including paralysis); death; accommodations, roads, trails, vehicles, boats, rafts, canoes, aircraft, or other means of conveyance which are not maintained or operated to standards common in the United States; dangers and risks inherent in Adventure Activities; negligence in any manner on the part of Reefs to Rockies; acts of God; forces of nature; explosion, flood, hurricane, tempest, tidal wave, earthquake, landslide, forceful wind, fire or accident; the hazards of traveling in remote, unsafe or politically unstable areas or under unsafe conditions; transportation failures; equipment failures or deficiencies; accident or illness in remote places without access to medical facilities, transportation, or means of evacuation and assistance; sanitation deficiencies; illness; disease or virus, both known and unknown such as coronavirus (including but not limited to the community spread thereof); epidemic; pandemic; quarantine; border closures; government travel restrictions or warnings; regulations or orders, acts or non-acts of any governmental entity or official; diplomatic or health organization (e.g., World Health Organization) warnings; foodborne, airborne, and communicable illnesses and disease; bites or stings from insects or pests; unexpected events; terrorist activities, social or labor unrest or strike; mechanical or construction failures or difficulties; diseases; local laws; climactic conditions; abnormal conditions or developments; negligence or intentional actions by other participants including traveling while sick with or without symptoms; or any actions, or omissions or conditions outside of Reefs to Rockies’ control not mentioned in this agreement. I acknowledge that the enjoyment and excitement of the Program is derived in part from these and other inherent risks of travel.

I understand that while my guide and/or tour leader may have first aid training, they are not medical personnel and are not trained in extensive medical procedures. I also understand that medical services, medical assistance and related transportation may be several hours to days away while participating in the tour. I also understand that there is the possibility of complications and unforeseen consequences in any medical service, medical assistance and related transportation that is provided to, or organized/arranged for, me by Reefs to Rockies. I knowingly and voluntarily agree to assume any such risks. I understand that Reefs to Rockies is not making any warranty regarding the adequacy or result of any evacuation plan, medical care, transportation, equipment or supplies that may be provided.

I understand and acknowledge that the above list is not complete or exhaustive and that other risks, known or unknown, anticipated or unanticipated may also exist and result in injury, illness, disease, death or damage. I expressly agree to be responsible for my own welfare and fully assume all of the above risks, as well as all other risks set forth in this agreement, both known and unknown, voluntarily and knowingly, to the fullest extent permitted by law. If signed on behalf of the Child, I have discussed the travel risks with the Child, and he or she wishes to participate in the tour nevertheless.

Release Of Liability, Indemnification, and Covenant Not to Sue:

As lawful consideration of, and as part of the payment for, the right to participate in the tour and for the services arranged for me by Reefs to Rockies, to the maximum extent permitted by law, I, an adult traveler, individually and as parent or legal guardian of the Child, and for our respective heirs, estates, legal and personal representatives, next of kin (including my spouse and any former spouse), successors and assigns (individually and collectively, “Releasors”), HEREBY EXPRESSLY AGREE TO RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE Reefs to Rockies, its owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, guides, trip leaders, associates, volunteers, successors and assigns (individually and together, “Released Parties”) from and against any liability, actions, causes of actions, debts, suits, costs, damages, losses, claims and demands of any and every kind and nature whatsoever which I or the Child now have or may later have against the Released Parties arising out of, relating to, or in connection with my tour or participation in the activities arranged for me by Reefs to Rockies.

In addition, I agree to fully indemnify (that is protect and defend, and satisfy claims against) and hold harmless each Released Party from any and all claims, actions, suits and demands (including all reasonable attorney’s fees and costs incurred by the Released Party) initiated by a third party and arising from, attributable to or related to my or the Child’s’s negligent or intentional actions or inactions, whether arising from the Released Parties’ negligence or otherwise, occurring during the trip.

I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me or on whose behalf I am signing this agreement, including the Child (collectively encompassed by the term “their” in this paragraph), my and the Child’s respective heirs, estates, legal and personal representatives, next of kin (including my spouse and any former spouse), successors and assigns with said obligations not dischargeable in bankruptcy. It is my intention to fully assume all risks associated with the tour and to release the Released Parties from any and all liability to the maximum extent permitted by law.

Binding Arbitration: Any controversy or claim arising out of or relating to this agreement or the performance thereunder, including without limitation any claim related to illness, injury, or death, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Denver, Colorado, USA, in accordance with the rules of the Judicial Arbitration and Mediation Services (JAMS). Such proceedings will be governed by substantive (but not procedural) Colorado law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C., §§ 1-16, and judgment on the award, in accordance with the rules of the American Arbitration Association then existing, may be entered in any court having jurisdiction over the subject matter of the controversy, and any arbitration award shall be binding and judgment upon the arbitrator’s award may be entered or enforced in any court of competent jurisdiction. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable. This agreement to arbitrate does not waive or modify the liability release contained in the foregoing paragraphs. If any portion of this agreement is determined by a court to be null and void or unenforceable, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties. I also agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

Class Action Waiver and No Punitive Damages: I am waiving my right to serve as a representative, litigant, or in any other representative capacity, and/or to participate as a member of a class of claimants, in any lawsuit/arbitration filed against us. In no event shall we be liable for or pay punitive damages.

MEDICAL CARE AND INSURANCE

Participants are responsible for arranging their own coverage of medical care and emergency evacuation insurance while traveling as part of a Reefs to Rockies tour. By registering and paying a deposit for a Reefs to Rockies tour, I warrant that I have coverage for the costs of any treatments deemed medically necessary during my travel, including emergency evacuation if required, or that I will arrange for supplementary coverage prior to the start date of the tour on which I am booked. Under no circumstances will Reefs to Rockies or its insurers be responsible for the cost of medical treatment, emergency evacuation, or other complications due to medical emergency.

In the event that I am incapacitated and unable to make decisions regarding my own medical care during a Reefs to Rockies tour, I authorize Reefs to Rockies staff and contractors to arrange for whatever care and treatments are deemed necessary by attending medical professionals. Reefs to Rockies staff will attempt to reach the emergency contact provided by me at the earliest opportunity in the case of emergency. Knowing and Voluntary Execution: By signing this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I certify that I have read this agreement, fully understand all of its terms, understand that I have given up substantial rights by signing it, and voluntarily agree to be bound by its terms. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I agree that this agreement is intended to be as broad and inclusive as permitted under applicable law. I also acknowledge that I have had an opportunity to ask any and all questions that I may have, and that Reefs to Rockies has answered all questions to my satisfaction. My signature applies to all pages of this document.

By signing below, I also acknowledge I have carefully read and understand the provisions and legal consequences of this agreement and Reefs to Rockies’ terms and conditions, including but not limited to Reefs to Rockies catalog/website/brochure pertaining to the tour, especially noting the policy on cancellations, refunds, and limitations on responsibility, the itinerary for my specific tour, and any other Reefs to Rockies material that governs the tour. I hereby agree to all of its terms and conditions. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

I understand that in calculating the cost of the tour, Reefs to Rockies has relied on my consent to these terms and their enforceability. Without this agreement, the tour cost would have been higher or, alternatively, Reefs to Rockies would not be able to offer these services.

I agree that execution of a facsimile counterpart or electronic transmission of this agreement shall be deemed execution of the original agreement. I agree that facsimile or electronic transmission of an executed copy of this agreement shall constitute acceptance of this agreement.