1. I affirm to BIRDING MAN ADVENTURES, LLC (referred to as BMA in the Release) that I am in good physical condition and possess adequate training and experience to participate safely in outdoor activities and associated sightseeing opportunities offered by BMA. I have obtained satisfactory responses to all my inquiries concerning the sightseeing and outdoor activities that BMA will provide.

 

I acknowledge fully that engaging in outdoor activities and associated sightseeing opportunities entails both anticipated and unforeseen risks, some of which may pose hazards and dangers, and that injuries are a conceivable and regular outcome in certain instances of these activities. I comprehend the inherent risks associated with outdoor activities, stemming from both known and unknown factors, which include, but are not limited to, slipping and falling, falling objects, snow, rocks, ice, water hazards, accidental drowning, hypothermia, exhaustion, extreme temperature exposure, encounters with wild animals, insects, snakes, and hazardous plants, misjudgments about weather, the elements, or the terrain, and even potential insufficient warnings or instructions provided by representatives of BMA. However, I willingly and voluntarily accept all risks of loss, damage, expense, illness (including infectious diseases), injury, or death that may occur to me, any person, or my property while participating in outdoor activities and related sightseeing opportunities offered by or through BMA. I confirm that I have sufficient insurance coverage to address any injury or damage that I might incur during my involvement in outdoor activities and related sightseeing opportunities provided by or through BMA.

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To facilitate BMA in offering outdoor activities and related sightseeing opportunities, including food in certain instances, I, on my behalf and that of my personal representatives, administrators, successors, assigns, heirs, and next of kin (including my children and parents), hereby release, waive, and discharge BMA and its agents, owners, volunteers, other participants, officers, directors, employees, representatives, affiliates, successors, and assigns, as well as all other individuals or entities acting in any capacity on their behalf (collectively referred to as "Released Parties") from any and all liability. This release encompasses myself, my personal representatives, administrators, successors, assigns, heirs, and next of kin, and any claims or demands arising therefrom. It pertains to any loss, damage, expense, personal illness, injury, or death, whether resulting from the negligence of one or more of the Released Parties or any other cause, in connection with my involvement in outdoor activities and related sightseeing opportunities provided by or through BMA. I commit not to initiate any legal action against BMA or any other Released Parties regarding such loss, damage, expense, personal illness, injury, or death, regardless of the legal basis, be it negligence, breach of warranty, breach of contract, product defect, or any other legal theory.

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I hereby consent to indemnify and absolve BMA and the other Released Parties from any and all damages, costs, or expenses (including reasonable attorney's fees) they may incur in connection with any claims, suits, liabilities, injuries, losses, damages, and expenses of any person that arise from the outdoor activities and related sightseeing opportunities provided by BMA.

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The provisions of this Liability Waiver and Release (referred to as "Release") shall be governed by the laws of the State of Colorado, applicable to contracts made and entirely performed within the State of Colorado. I give my consent to the exclusive jurisdiction of the Colorado Courts in Denver County for the resolution of any claim or controversy arising from this Release or in connection with any loss, damage, expense, injury, or illness resulting directly or indirectly from my participation in outdoor activities and related sightseeing opportunities provided by or through BMA. Additionally, I agree to cover all reasonable attorney's fees incurred by BMA if it prevails in enforcing the Release in an action initiated by me or on my behalf.

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I affirm that I have thoroughly read and comprehended the contents of this document and willingly endorse this Release. I guarantee and warrant that I am of legal age, legally competent to execute this Release, not under the influence of alcohol or any drugs, and that this Release is granted freely and voluntarily, without dependence on any statements or representations made by the Released Parties or their representatives.

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I additionally grant BMA the permission to utilize any photographs or video images captured by or on behalf of BMA, including those taken by its guides, guests, or other individuals. BMA has the authority to use such photographs or video images at its sole and absolute discretion, whether on social media platforms, in marketing brochures, on websites, or in any other form of advertising or marketing, without requiring a fee or charge of any kind.

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I confirm and guarantee that I have had ample opportunity to thoroughly read this entire document. The statements presented in this document are accurate and truthful, and I have not misrepresented any information requested by BMA. I acknowledge the receipt of a copy of the Release.

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2. All tour participants are strongly advised and urged to:

    2.1: Acquire medical insurance, inclusive of evacuation coverage for emergencies, and comprehensive repatriation insurance in the rare event of death during the tour. This coverage should extend to expenses associated with testing positive for COVID-19 or any other illness or injury during the tour. Such expenses may include additional hotel costs, extra transport expenses, and any required quarantines in the host country or upon returning to your home country. BMA cannot assume liability for these expenses under any circumstances.

    2.2: Purchase insurance that covers valuables against any damage, loss or theft;

     2.3: Secure comprehensive travel insurance covering loss of luggage, unforeseen delays, trip cancellations, or postponements due to various events, including but not limited to delayed flights, illnesses, adverse weather conditions, natural disasters, pandemics, epidemics, local outbreaks of infectious or other diseases, force majeure, acts of state, or civil unrest. BMA will not be held responsible for, and the client agrees to indemnify BMA against, any expenses, damages, or other losses resulting from the listed events or any other unforeseen circumstances. The client further indemnifies BMA and absolves it from any liability related to such losses. While travel insurance is not mandatory, the 25% initial deposit and 75% balance payment are strictly non-refundable and non-transferable to any other tour.

    2.4: We advise obtaining travel insurance promptly after confirming a tour booking.

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BMA will not provide a refund for the deposit or balance payment in the event of your cancellation, regardless of the reason (including, but not limited to, illness and death), or if BMA must cancel or postpone a tour due to any of the events outlined in paragraph 2.3 above. Although travel insurance is not obligatory, the 25% initial deposit and 75% balance payment are strictly non-refundable and non-transferable to any other tour. Since the client assumes the risk of losses arising from the mentioned events, it is strongly recommended to purchase travel insurance, as unforeseen events (such as those listed above) just prior to or during a tour can occasionally impact tour participants.

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3. BMA will not assume responsibility for the inability to conduct any tour or fulfill any obligation as outlined in the contract between the parties if such failure is a result of an unforeseen event or an event beyond the control of BMA. In such instances, BMA's obligations under the contract will be temporarily suspended, with the duration extended for the period of the event. A new tour date will be arranged once the event concludes.

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4. Cancellation Policy: BMA reserves the right to cancel the tour and/or its extensions if there are inadequate reservations and clients booked onto it are unwilling to pay a surcharge for the smaller group (some clients may choose to pay extra to ensure the trip proceeds). In the event of BMA canceling the tour for this reason, full refunds of all deposits and payments will be issued, or as mutually agreed with the client, transferred to another tour booking. BMA will make every effort to avoid canceling the tour due to insufficient registrations.

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5. A tour will be deemed confirmed, and provisional bookings will only be secured upon receipt of a non-refundable deposit of 25% by BMA for each participant. The full (75% balance) payment for the tour must be completed no later than 2 months before the tour's starting date. Both the 25% deposit and the 75% balance payments are non-refundable, as outlined in section 2.3 above.

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6. Kindly refrain from booking any flights until you have verified and confirmed the tour dates with BMA.

 

7. Smoking is prohibited inside tour vehicles and indoor spaces. If you choose to smoke outdoors, please be considerate and move away from the group.

 

8. The responsibility to ensure that all essential travel documents, visas, health certificates, proof of vaccinations, etc., are in order and comply with the destination(s) requirements rests solely with you, the client. BMA will make efforts to guide you on the necessary requirements and provide relevant paperwork to support applications, where applicable.

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9. Payment can be completed through electronic funds transfer (EFT), wire transfer (domestic or international), American check, MasterCard, Visa, AMEX, or PayPal. You can use the payment links available on our website or choose to complete a credit card form sent to you via email by invoice.

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10. BMA retains the right to adjust the tour price(s) in the event of changes in the currency exchange rate at the destination or due to unforeseen circumstances.

 

11. BMA reserves the right to alter an itinerary, either while on tour or prior to the tour, if deemed necessary due to unforeseen circumstances beyond the control of BMA or if the tour leader believes it will enhance the tour experience. Such circumstances may include, but are not limited to, road maintenance, adverse weather conditions, or the closure of lodges, hotels, etc.

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12. Tour participants commit to adhering to the instructions provided by BMA and its employees during the tour. BMA retains the authority to disqualify any participant, without refund or additional obligation, if they fail to follow the guide's recommendations or if the guide deems that the individual's continued participation may compromise the well-being or enjoyment of other participants or the group as a whole. The possession of illegal substances or involvement in illegal activities will result in immediate disqualification from the tour without refund or further obligation.

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13. Any loss or damage to BMA's property resulting from the intentional actions or negligence of any participant shall be fully refunded to BMA.

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