Liability Waiver, Assumption of Risk & Participant Agreement

Please read carefully. By registering and checking the agreement box at checkout, you acknowledge that you have read, understand, and agree to this Agreement. Your checkbox click is your electronic consent and legally binding acceptance.

This Liability Waiver, Assumption of Risk & Participant Agreement (this “Agreement”) is between A Video Design LLC d/b/a Birding by Ear (including its owner, employees, contractors, volunteers, guides, representatives, agents, event co-hosts, sponsors, landowners, venue hosts, affiliates, successors, and assigns, collectively, the “Organizer”) and the individual registering for the event (the “Participant”). If the Participant is a minor, a parent or legal guardian accepts this Agreement on the minor’s behalf and “Participant” includes both the minor and that adult.

“Activities” include Organizer’s birding field trips, workshops, bird walks, talks, demonstrations, scouting, meetups, and any related preparation, transportation, or post-event activities.

1. Assumption of Risk

Participant understands the Activities may involve inherent and unforeseen risks, including but not limited to uneven, wet, icy, or slippery terrain; proximity to roads and traffic; water bodies and wetlands (including drowning hazards); variable weather (heat, cold, wind, rain, snow, lightning); sun exposure; wildlife and insects (including bites, stings, ticks); vegetation (including allergens and thorns); limited shelter; delayed access to medical care; use of personal or third-party equipment; actions or omissions of others; and travel by personal vehicle in a caravan to multiple locations. Participant voluntarily assumes all risks of injury, illness, death, or property loss arising from or related to the Activities, including risks arising from the ordinary negligence of Organizer, to the fullest extent permitted by law. Participant understands communicable disease exposure (for example COVID-19 or influenza) is possible in group settings.

2. Health & Fitness; Medications

Participant is physically able to participate and will bring any necessary medications or supplies. Participant will inform Organizer of relevant medical conditions or allergies in advance and agrees to follow safety instructions.

3. Release; Waiver; Covenant Not to Sue

To the fullest extent permitted by law, Participant releases, waives, and discharges Organizer from any and all claims, demands, causes of action, damages, losses, costs, or liabilities of any kind, known or unknown, arising out of or related to the Activities, including claims based on Organizer’s ordinary negligence. This release does not waive claims that cannot be waived by law (for example gross negligence or willful or wanton misconduct where applicable). Participant further agrees not to sue Organizer for any such released claims.

4. Indemnification / Hold Harmless

Participant agrees to defend, indemnify, and hold harmless Organizer from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of (a) Participant’s participation in the Activities, (b) Participant’s breach of this Agreement, or (c) Participant’s negligent or intentional acts or omissions.

5. Transportation & Vehicles

Organizer is not a transportation provider. Participant is solely responsible for personal transportation, vehicle condition, insurance, and compliance with traffic laws. Carpooling or caravanning is voluntary and at Participant’s own risk. Seatbelts must be worn. Do not drive under the influence of alcohol or drugs.

6. Personal Property

Participant is responsible at all times for personal property and equipment. Organizer is not responsible for loss, theft, or damage to personal items.

7. Conduct; Site Rules; Removal

Participant will follow guide instructions, respect wildlife and habitats, remain with the group unless permitted otherwise, and comply with rules and fees at sites we visit. Organizer may remove any participant whose behavior is unsafe, disruptive, or unlawful, without refund.

8. Photography & Media (Optional)

Organizer may photograph, audio-record, or video-record the Activities and use such media for lawful promotional, educational, or informational purposes without compensation. If Participant prefers not to be photographed, Participant will notify the guide at check-in and make reasonable efforts to avoid cameras.

9. Weather; Cancellations; Schedule Changes

If driving conditions are dangerous or conditions are unsafe, the event may be rescheduled or canceled. Most weather will not stop us. Some of the best birding happens in bad weather. Organizer will notify participants by email if plans change. Refund and reschedule terms are as stated on the event listing: [Insert your exact refund policy here].

10. Third-Party Sites & Fees

Activities may occur on property not owned or controlled by Organizer (for example parks, refuges, or private lands). Participation is subject to third-party rules and any applicable fees or permits. Organizer is not responsible for conditions at third-party sites.

11. Medical Care Consent & Insurance

In an emergency, Participant consents to first aid and medical treatment deemed necessary by qualified personnel. Participant is responsible for any resulting costs. Organizer recommends personal health and accident insurance.

12. Minors

If the Participant is a minor, a parent or legal guardian must accept this Agreement at checkout, agrees to supervise as required by Organizer, and accepts responsibility for the minor’s compliance with this Agreement.

13. No Warranty

Organizer makes no warranty, express or implied, regarding site conditions, wildlife sightings, outcomes, or fitness for a particular purpose.

14. Governing Law; Venue; Jury Trial Waiver

This Agreement is governed by the laws of the State of Colorado without regard to conflict-of-laws rules. The exclusive venue and jurisdiction for any dispute shall be the state or federal courts located in Jefferson County, CO, and the parties consent to such courts. To the extent permitted by law, the parties waive trial by jury.

15. Severability; Interpretation; Entire Agreement

If any provision is held invalid or unenforceable, the remaining provisions remain in full force. Headings are for convenience only. This Agreement is the entire understanding regarding the subject matter and supersedes prior or contemporaneous communications.

15a. Multiple Participants

If registering for more than one person, the individual completing this registration certifies that they have the authority to act on behalf of all participants and that each participant has read, understood, and agreed to the terms of this Liability Waiver, Assumption of Risk & Participant Agreement prior to attending the event. The registering individual assumes responsibility for communicating these terms to all participants included in their booking.

16. Electronic Acceptance (UETA/ESIGN)

Participant agrees that checking the agreement box and submitting registration constitutes Participant’s electronic signature under the federal ESIGN Act and Colorado’s UETA, and is legally binding. If registering on behalf of others, Participant represents being authorized to accept on each person’s behalf and confirms each has read and agreed to this Agreement.

Final Acknowledgment

By registering for this event and selecting the agreement checkbox at checkout, the Participant (or Parent/Legal Guardian if registering a minor) confirms that they have read, understood, and agree to be bound by the terms of this Liability Waiver, Assumption of Risk & Participant Agreement. The Participant acknowledges that their electronic acceptance is the legal equivalent of a handwritten signature. I have carefully read this Agreement, understand its contents, and voluntarily agree to its terms.