Liability Waiver, Assumption of Risk & Release Agreement


Birding Man Adventures, LLC d/b/a Birding Man Wildlife Tours (“BMWT”)

NOTICE: This is a legal document. Please read it carefully. By signing this agreement, you waive certain legal rights. If you do not understand any portion, please consult legal counsel before signing. A parent or legal guardian must sign for any participant under 18 years of age.

1. Parties & Definitions

This Liability Waiver, Assumption of Risk & Release Agreement (“Agreement” or “Release”) is entered into between Birding Man Adventures, LLC, doing business as Birding Man Wildlife Tours (“BMWT”), and the undersigned participant (“Participant”).

For the purposes of this Agreement, “Released Parties” includes BMWT, its owners, officers, directors, employees, guides, contractors, agents, volunteers, representatives, affiliates, successors, assigns, other participants, and any other person or entity acting on its behalf.

2. Physical Condition & Participant Responsibilities

By participating in any BMWT activity, I represent that I am in good physical condition and have sufficient fitness, mobility, training, and experience to participate safely in outdoor activities and related sightseeing opportunities offered by BMWT.

I have asked any questions necessary to understand the nature of the activities involved.

If I am a mobility-reduced traveler or require accessibility accommodations, I understand that BMWT offers an Accessible Birding Tour and encourages me to inquire about suitable options prior to booking.

3. Assumption of Risk

I understand that outdoor activities involve inherent risks, both known and unknown, which cannot be eliminated without jeopardizing the essential qualities of the experience. These risks include, but are not limited to:

  • Slips, trips, and falls

  • Uneven terrain, loose rocks, snow, or ice

  • Water hazards, accidental drowning, hypothermia, or extreme temperatures

  • Wildlife encounters (including mammals, birds, insects, snakes, and hazardous plants)

  • Weather events, storms, lightning, cold or heat exposure

  • Transportation risks while traveling in vehicles

  • Limited medical access in remote areas

  • Errors in judgment by BMWT guides or staff

I acknowledge that injury, illness (including infectious diseases), property damage, or even death may result from participating in these activities.

I voluntarily assume all risks of participation, including those caused by my own actions, the actions of others, environmental conditions, or negligence of the Released Parties.

I confirm that I have adequate medical and accident insurance to cover any injury or damages.

4. Release of Liability & Covenant Not to Sue

In consideration for being permitted to participate in BMWT activities, I, on behalf of myself and my heirs, executors, administrators, successors, and assigns, hereby fully release, waive, discharge, and agree not to sue the Released Parties for any and all liability related to:

  • Personal injury

  • Illness

  • Death

  • Property loss or damage

  • Financial costs or expenses

…arising from or connected to my participation in any BMWT activity, whether caused by negligence of the Released Parties or any other cause.

5. Indemnification

I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of:

  • My participation in BMWT activities

  • My own actions or omissions

  • Claims brought by other participants, third parties, or my family members

This obligation survives the completion of the activities.

6. Governing Law & Venue

This Agreement is governed by the laws of the State of Colorado.

I consent to the exclusive jurisdiction of the state courts in Denver County, Colorado for any disputes arising from this Agreement or my participation in BMWT activities.

If BMWT prevails in enforcing this Agreement, I agree to pay its reasonable attorney’s fees and costs.

7. Photo & Video Release

I grant BMWT permission to use photographs or video images taken during the tour by guides, guests, or other individuals for marketing, promotional, or educational purposes in any format.

I understand that I will not receive compensation for such use.

If I do not wish to be photographed, I will inform my guide at the start of the tour.

8. Accuracy of Information

I represent that:

  • I have had adequate opportunity to read this entire Agreement

  • I understand and accept its terms

  • Any statements or information I have provided to BMWT are true and accurate

  • I am entering into this Agreement voluntarily and without undue influence

  • I am of legal age and competent to sign

9. National Park Service Notice

Nothing in this Agreement shall be interpreted as releasing BMWT from liability for injury or damages occurring within the jurisdiction of the National Park Service that are caused by:

  • BMWT’s negligence

  • Gross negligence

  • Recklessness

  • Intentional conduct

as prohibited by applicable law.