WAIVER, RELEASE and INDEMNITY AGREEMENT

IN CONSIDERATION for being permitted to participate in any tour or related activities with Thin Air Mountain Tours, LLC (hereinafter “the Tour”), the undersigned, for myself, my spouse, my children, legal representatives, heirs, and assigns, (hereinafter collectively “Releasor”) hereby releases, waives, discharges and agrees to indemnify and hold harmless Thin Air Mountain Tours, LLC, and its employees, agents, representatives, members, managers, volunteers, affiliates, successors and assigns, (hereinafter collectively “Thin Air”) from any liability for injury, death or damage to Releasor or Releasor’s property, including consequential damages, occurring as a result of participation in the Tour, regardless of the cause, including, but not limited to, injury, death, or damage caused by Thin Air’s negligence.

Releasor understands that there are risks associated with participating in the Tour, including, but not limited to physical injury, property damage, exhaustion, dehydration, exposure, death, high altitude sickness, vehicle accidents, road hazards, falling rocks, inclement weather, and other risks, whether by the result of man-made or natural phenomena. 

Releasor hereby knowingly and voluntarily assumes full responsibility for the risk of bodily injury, death or property damage due to any cause, including, but not limited to injury, death or property damage caused by Thin Air’s negligence, or otherwise as a result of participation in the Tour.

In the event any claim is asserted against Thin Air for injuries or damage to Releasor or Releasor’s property, or for injuries or damages to third parties or their property which were caused in whole or in part by Releasor, Thin Air shall provide Releasor reasonably timely written notice of such claims, and thereafter Releasor shall at its own expense defend, protect, hold harmless, and indemnify Thin Air against such claims and any loss or liability arising thereunder, including any attorney fees incurred by Thin Air.

In the event Releasor fails to so defend, indemnify, and hold Thin Air harmless from any such claims, Thin Air shall have full rights to defend, pay or settle said claim(s) without notice to undersigned and with full rights to recourse against the Releasor for all fees, including attorney’s fees, costs, expenses, judgments, and payments made or agreed to be paid to discharge said claim(s).

Releasor, expressly agrees that this waiver, release, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Colorado, and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. This agreement shall be unlimited as to amount and duration.

In the event that this Agreement is signed by a parent or guardian, that parent or guardian, by signing below, represents to Thin Air that he/she has the authority to enter into this Agreement on behalf of said minor and on behalf of any other parent or guardian of said minor and agrees to defend, indemnify and hold harmless Thin Air from any and all claims or damages arising from the minor’s participation in the Tour.

This agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, assigns and personal representatives, and shall be governed by the laws of the State of Colorado. Venue and Jurisdiction for any action arising out of this Agreement shall be La Plata County, Colorado.

The undersigned affirms that he/she is over the age of eighteen years of age, has read this agreement, understands its contents, and freely and voluntarily agrees to its terms.


Participant’s Signature: ___________________________ 
Date: ________________
(Parent or guardian must sign for participants under the age of eighteen.)


Participant’s Printed Name: ___________________________________