ARAPAHO VALLEY RANCH RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, CONSENT, INDEMNITY, AND ARBITRATION AGREEMENT WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SUE OR CLAIM COMPENSATION This waiver and release applies to all activities of any kind at ARAPAHO VALLEY RANCH (aka AVR) dba THE TIEHEN GROUP, INC. (and all operator/owners) and/or use of the property located at 8992 County Road 6, Granby, Colorado 80446 (“Property”), facilities, and services of ARAPAHO VALLEY RANCH (aka AVR) operated by THE TIEHEN GROUP, INC. (“Operator”) including all owners (“Property Owners), I/WE, agree to and acknowledge the following for myself and any person in my group whether a family member or other guest. 1. I certify that I am physically capable of camping at AVR and participating in any activity associated with it and have not been advised otherwise by a qualified medical professional. I agree and acknowledge that I am under no pressure or duress to sign this Waiver Release and Consent Agreement (“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 certify that I am legally competent, am not a minor, and have the ability to enter into this Agreement. 2. I acknowledge and fully understand that as a participant/camper/guest, I will be engaging in activities that involve certain inherent risks associated with camping and participating in AVR activities. I assume full responsibility for personal injury to myself and (if applicable) my group, and further release and discharge AVR, the Operator, The Tiehen Group, Inc. and its owners, officers, directors, employees, agents, representatives, and volunteers of the Operator; the Property owners, namely Tiehen Realty, LLC, a Missouri limited liability company, QMR AVR Sidecar LLC, an Illinois limited liability company (“QMR”), and TTG - Guest Ranch, LLC, a Kansas limited liability company (collectively, “Property Owners”), and their officers, directors, employees, managing agents, representatives, volunteers; other participants/campers; spectators; or other third parties for injury, loss, or damage arising out of my or my group’s use of or presence upon the Property/facilities or nearby lakes/water sources, whether caused by the fault of myself, my group, the actions, inactions, or negligence of the Operator or the Property Owners, their officers, directors, employees, agents, representatives, volunteers, other participants/campers, and spectators; or other third parties. 3. Likewise, BY SIGNING ON BEHALF OF A MINOR/CHILD/INFANT OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON SUCH PARTICIPANT’S BEHALF AND/OR THAT I AM THE PARENT OR LEGAL GUARDIAN OF SUCH MINOR/CHILD/INFANT PARTICIPANT AND AGREE THAT PARTICIPANT SHALL BE BOUND BY EACH OF THE TERMS OF THIS AGREEMENT. I acknowledge and agree that Participant’s participation in the Activity is contingent upon my execution of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud, that I am at least eighteen(18) years old. 4. I understand that children under 18 years of age can camp at AVR only accompanied by a parent or guardian, and that if I bring a minor to AVR I agree to the contractual terms contained in this Agreement on behalf of the minor. I AGREE THAT MY CHILDREN AND MY GROUP WILL BE UNDER SUPERVISION AT ALL TIMES. I UNDERSTAND THAT THERE IS ABSOLUTELY NO UNDERAGE CONSUMPTION OF ALCOHOL OR USE OF DRUGS ALLOWED. I KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL CLAIMS AGAINST AVR AND ITS EMPLOYEES/OWNERS. LIKEWISE, I ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY OR DEATH, WHICH MAY OCCUR AT AVR AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD AVR AND THE PROPERTY OWNERS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES HARMLESS FROM ANY CLAIM OR DAMAGES ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF AVR, OR BY OTHER THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY GROUPS PARTICIPATION AND MY GROUPS PARTICIPATION IN USING THE CAMPGROUNDS AND OTHER FACILITIES. I HAVE ALSO DISCUSSED THIS WITH ALL PERSONS IN MY GROUP, AND THEY HAVE AUTHORIZED ME TO SIGN THIS ON THEIR BEHALF. 5. I, on behalf of myself, and my group, my heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue the Operator and its owners, officers, directors, employees, agents, representatives, and volunteers of the Operator; the Property Owners their officers, operators, directors, members, managers, employees, volunteers, representatives, agents, contractors and subcontractors, and other participants/campers, sponsors, affiliates, and, if applicable, owners and lessors of equipment, art installations and the premises used to conduct AVR business or related activities (collectively the "Releasees"), from any and all claims for damages, injuries, losses, liabilities and expenses which I may sustain or have or which may subsequently accrue to me, relating to, resulting from or arising out of my use of the AVR Property/facilities and/or participation in AVR activities. I agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities, and expenses relating to, resulting from, or arising out of my group's use of the AVR Property/facilities and/or my participation in AVR activities, including, without limitation, any program, event or activity at the ranch or campsite. I intend that the waiver and release of liability contained in this Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. 6. I acknowledge that people are using film, video, and photographic cameras at AVR, and that my image may be captured on film, video or photographs which may subsequently be displayed or disseminated to the public without my consent or payment of compensation to me, and I release the Releasees, from any liability due to such filming, photographing or dissemination, including the AVR website and social media presence. 7. I hereby appoint The Tiehen Group, Inc. as my representative to protect my intellectual property or privacy rights, recognizing that The Tiehen Group, Inc. has no obligation to take any such action. I understand that, in the event The Tiehen Group, Inc. files a lawsuit to take action to protect my intellectual property or privacy rights pursuant to the appointment in this paragraph, and The Tiehen Group, Inc. has information that my specific intellectual property or privacy rights have been violated and has information as to my identity and my contact information, The Tiehen Group, Inc. will make reasonable efforts to notify me of any such action by sending a communication to the contact information in The Tiehen Group’s possession. 8. I acknowledge that all vehicles including trucks, cars, motorcycles, trailers and RVs entering the Property are subject to search by staff of the Property Owners for stowaways, guns, and fireworks, illegal drugs, or other prohibited items. 9. I understand that Property Owners and their Operator strictly enforces the policies of no illegal drug use at Arapaho Valley Ranch and no underage drinking. 10. I understand that AVR has a bar in the lodge called “The Red Dog Saloon”, and this bar operates under the rules and regulations of the state of Colorado. I understand that on behalf of my group, I am not allowed to bring my own private alcohol or other beverages into any part of the Lodge, including the outside decks, patios, and porches during bar hours. 11. I understand that AVR has many buildings at the Ranch, and the only buildings my group and I are allowed to access are the Lodge, the Tipi bathhouse, and any Tipis/Tents that I rent. All other buildings are completely off-limits, and I will not allow my group to enter or explore any other buildings on the property. 12. AVR has two bodies of water on or close to its boundaries. There is a private lake on the land called “Little Indian Lake.” The Property winds along the South Fork of the Colorado River. I understand that my group and I are using these bodies of water at my own risk. Any participation in swimming, hiking, walking across the bridges, boating, or other water activities is at my own risk, and children will be supervised at all times while participating in anything on, in, or near the water. 13. I understand that when I arrive at AVR, I will be given a cabin, tent, or camping location and parking spot for my group's vehicle(s) and that we will not drive or operate my vehicle in any area other than the location that I am assigned at check-in. Driving on the grass in the field is strictly prohibited. 14. I agree that Operator and the Property Owners are not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that reservations are nonrefundable once I arrive, even if my stay is terminated early or canceled or entry conditions are modified due to harsh weather, acts of nature, governmental regulation, or conditions beyond the Operator and the Property Owners’ control. 15. I understand that I must bring enough food, water, shelter, and first aid to survive during my stay at AVR; that commercial vending, ember-producing fires, burn barrels, firearms, fireworks, rockets, and other explosives are strictly prohibited; that AVR is a LEAVE NO TRACE, pack it IN, pack it OUT campsite, and I agree to place all trash in the trash receptacles and remove all of my belongings when I depart. 16. REFUND AND CANCELLATION POLICY. Guests can cancel free of charge until 60 days before arrival. Guests will be charged the total reservation price if they cancel within 60 days of arrival. If guests don’t show up, they will be charged the full reservation price. If an emergency arises, please contact us to discuss options. We will address these on a first-come, first-serve basis. Rescheduling could result in a fee. I understand that if I am asked to leave for any violation of rules and regulations, including without limitation, the rules and regulations contained in this Agreement. 17. PETS are welcome at AVR except in our tipis and the lodge. Pets must always be with their owners and on a leash. There is a maximum of two pets per reservation. If staying in our cabins or glamping tent, there is a $25.00 per day non-refundable fee per reservation. Pets are the responsibility of the owner. Pets can easily get out of glamping tents by going under the screen door; therefore, pets cannot be left behind in glamping tents. Management reserves the right to remove or restrict disruptive or aggressive pets or breeds. You are responsible for picking up and disposing of all pet droppings. All pets must also be up to date on vaccines, and copies of pet vaccine records must be available upon request. Upon check-in, please notify the office of your pets if you have not already added them to your reservation during the booking process. The Rocky Mountains are full of wildlife, and pets are at risk of being attacked and disturbing wildlife. We respect the wildlife living amongst us first and foremost. We can provide names of local pet-sitting services if you decide this is not a good fit for your pet. IF YOUR PET IS DEEMED DANGEROUS, HARMFUL, OR DISRUPTIVE, AVR HAS SOLE DISCRETION TO REQUIRE YOU TO FIND OTHER ACCOMMODATIONS OR CALL ANIMAL CONTROL IF NECESSARY. NO REFUNDS WILL BE GIVEN. LIABILITY FOR DAMAGES, INJURIES, CLEANING, ETC. You and all co-guests will be jointly and severally liable for the entire amount of all damage caused by the animal, including all cleaning, de-fleaing, and deodorizing. This provision applies to all parts of the dwelling unit, including glamping tent canvas, screens, beds, bedding, doors, walls, windows, furniture, appliances, landscaping, and other outside improvements. If items cannot be satisfactorily cleaned or repaired, you must pay us to replace them completely. As the animal's owner, you are strictly liable for the entire damage or injury the animal causes to a person or anyone’s property. You hereby agree to indemnify and hold us harmless from any and all claims, damages, costs, including reasonable attorney fees, and lawsuits that arise from you owning any animal or maintaining an animal in the Premises or anywhere in the community. No pets are allowed during special events unless otherwise approved by the management. 18. DAMAGES AND INCIDENTALS – I agree to be responsible for any damage to the rental property or lost personal property of AVR, caused by me or my party during our stay. Payment for damages, repairs, cleaning, replacements, etc., are due immediately upon demand and will be charged to your credit card on file. 19. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren), myself, or my group (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my and my child(ren)’s attendance at AVR or participation in AVR Activities (“Claims”). 20. On my behalf, and on behalf of my group, I hereby release, covenant not to sue, discharge, and hold harmless AVR, the Operator, Property Owners, their employees, agents, and representatives, from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Operator, the Property Owners, their employees, agents, and representatives, before, during, or after participation in any AVR activity or stay at the Property. 21. 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 provisions of this Agreement or of any other applications of such provision, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 22. BINDINGARBITRATION. All claims related to any activities or operations at AVR are knowingly and voluntarily subject the Colorado Uniform Arbitration Act (CUAA) pursuant to Colorado law and must be resolved by binding arbitration. Property Description Disclaimer: The amenities, features, and services displayed in photos on our website or promotional materials are for illustration purposes only. AVR does not guarantee the availability, condition, or quality of these amenities at the time of your visit, and they are subject to change. AVR reserves the right to change, modify, or discontinue any feature or service without notice at any time. HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND AM SIGNING IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. BY SIGNING THIS AGREEMENT, I REPRESENT AND WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO EXECUTE THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ANY OTHER PARTICIPANT, AS APPLICABLE.
Today's Date: May 5, 2025
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