RELEASE OF LIABILITY & PHOTOGRAPHS
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of a tour through downtown Salida, Buena Vista, and/or surrounding areas, organized by Salida Walking Tours, LLC, of 430 ½ W 2nd Street, Salida, Colorado, 81201, and/or use of the property, facilities and services of Salida Walking Tours, LLC (COMPANY), I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by COMPANY or the employees, representatives, or agents of COMPANY.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge COMPANY for injury, loss, or damage arising out of my or my family's use of the services of COMPANY, whether caused by the fault of myself, my family, COMPANY, or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend COMPANY against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of COMPANY or other third parties.
4. FEES. I agree to pay for all damages to the facilities of COMPANY or other third parties caused by any negligent, reckless, or willful actions by me or my family.
5. MEDICAL AUTHORIZATION. In the event of an injury to my minor child(ren) or myself during the above-described activities, I give my permission to COMPANY or to the employees, representatives, or agents of COMPANY to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on today’s date and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. COMPANY shall have the following powers:
a. The power to seek appropriate medical treatment or attention on behalf of my child(ren) or myself as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
b. The power to authorize medical treatment or medical procedures in an emergency situation; and
c. The power to make appropriate decisions regarding clothing, bodily nourishment, and shelter.
6. PHOTO RELEASE. For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant COMPANY permission to use my likeness, and that of my minor child(ren) in a photograph in any and all publications, including but not limited to all of COMPANY’S digital and printed publications. I understand and agree that any photograph using these likenesses will become property of COMPANY and will not be returned. I acknowledge that since my participation is voluntary, I will receive no financial compensation. I hereby irrevocably authorize COMPANY to edit, copy, exhibit, publish, or distribute the photo for the purposes of publicizing COMPANY’S services or any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein the likenesses appear. Additionally, I waive any right to royalties or other compensation arising out of, or related to, the use of the photograph. I hereby hold harmless and release and forever discharge COMPANY from all claims, demands, and causes of actions which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Colorado law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that COMPANY has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.