Estes Park Aerial Tramway

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

1. Acknowledgment of Risks

I understand and acknowledge that riding the Estes Park Aerial Tramway ("the Tramway") involves inherent risks, dangers, and hazards that can result in serious personal injury, death, or property damage. These risks include, but are not limited to:

• Mechanical failure or malfunction of the tramway equipment;
• Sudden stops, starts, or swaying of the tramway cabin;
• High altitude and potential altitude-related health issues;
• Weather conditions, including wind, lightning, rain, snow, and extreme temperatures;
• Wildlife encounters;
• Slips, trips, and falls while boarding, riding, or disembarking;
• Acts or omissions of other passengers or third parties; and
• Any other risks typically associated with aerial tramway operations.

2. Voluntary Participation and Assumption of Risk

I acknowledge that my participation in riding the Tramway is entirely voluntary, and I freely and voluntarily assume all risks associated with such participation, whether known or unknown, foreseen or unforeseen. I understand that these risks may result in personal injury, death, property damage, or other losses to me or others.

3. Release and Waiver of Liability

In consideration of being permitted to ride the Estes Park Aerial Tramway, I, on behalf of myself, my heirs, personal representatives, and assigns, hereby release, waive, discharge, and covenant not to sue Estes Park Aerial Tramway, LLC, its owners, operators, employees, agents, contractors, and affiliates (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or any property belonging to me, whether caused by the negligence of the Released Parties or otherwise, while riding the Tramway or participating in any related activities.

4. Indemnification and Hold Harmless

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to my participation in riding the Tramway, including but not limited to claims brought by third parties as a result of my actions or omissions.

5. Medical and Physical Condition

I certify that I am in good physical and mental health and have no medical conditions that would prevent me from safely riding the Tramway. I understand that it is my responsibility to consult with a physician if I have any concerns about my ability to safely participate. I acknowledge that the Tramway operates at high altitude and that altitude-related health issues may occur.

6. Rules and Regulations

I agree to abide by all posted rules, regulations, and instructions provided by the Tramway operators and staff. I understand that failure to comply with these rules may result in my removal from the Tramway without refund and may increase the risk of injury to myself or others.

7. Force Majeure

I understand that the Tramway may be closed or suspended at any time due to weather conditions, mechanical issues, or other circumstances beyond the control of the operators. I acknowledge that I am not entitled to a refund or compensation in such circumstances unless otherwise stated in the Tramway's refund policy.

8. Ticket Terms

I understand that tickets are non-transferable and subject to the terms and conditions of sale. Lost or stolen tickets will not be replaced. The Tramway reserves the right to refuse service to any person at its sole discretion.

9. Photography and Likeness

I grant permission to the Estes Park Aerial Tramway to use any photographs, videos, or other media taken of me during my visit for promotional, marketing, or other business purposes without compensation or prior approval.

10. Severability

If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Governing Law and Jurisdiction

This waiver shall be governed by and construed in accordance with the laws of the State of Colorado. Any disputes arising out of or related to this waiver shall be subject to the exclusive jurisdiction of the courts of Larimer County, Colorado.

12. Acknowledgment of Understanding

I have carefully read this Liability Waiver and Release of Claims, fully understand its contents, and sign it voluntarily. I understand that this is a release of liability and a contract between myself and the Released Parties and that I am giving up substantial legal rights, including the right to sue for negligence.

For Minors (Under 18 Years of Age)

If the participant is under 18 years of age, a parent or legal guardian must sign this waiver on behalf of the minor. By signing below, I certify that I am the parent or legal guardian of the minor participant named above, and I have the authority to enter into this waiver on their behalf. I agree to all terms and conditions set forth in this document and acknowledge that I am releasing the rights of both myself and the minor participant.