SECTION 1: EXPRESS ASSUMPTION OF THE RISK

Waiver is between Patron and Royal Gorge Company of Colorado doing business as Royal Gorge Bridge and Park herein referred to as “RGBP”. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING. IF YOU HAVE QUESTIONS, PLEASE ASK US OR CONSULT AN ATTORNEY. YOU ARE GIVING UP SPECIFIC LEGAL RIGHTS BY SIGNING THIS CONTRACT. The INHERENT RISKS associated with Climbing can cause loss or damage to equipment, personal injury, illness, or in extreme cases, permanent trauma or death. It is RGBP’s intent to have facilities with participants who are fully aware and informed of the possible risks associated with Climbing. In consideration of being able to use Royal Gorge Bridge & Park (as defined below)’s area, rides, attractions, activities, facilities, and/or services, I hereby agree to release and hold harmless Royal Gorge Bridge & Park, the Royal Gorge Company of Colorado, and all of its affiliated organizations and companies, each of their respective insurance carriers, agents, employees, volunteers, representatives, assignees, members, managers, officers, directors, shareholders, the City of Canon City, Fremont County, the US Forest Service, and any additional land-owners (collectively referred to in this Release as “Royal Gorge Bridge & Park”) for any and all liability and/or claims for injury or death or damage to property arising in any way from any activity on the premises of Royal Gorge Bridge & Park or during an activity run or sponsored by Royal Gorge Bridge & Park off the premises. Reference to activity or activities in this Release include, but are not limited to, the Aerial Tram; the Cloudscraper Zip Line by ZipRider; the Carousel; the Royal Rush Skycoaster; Trolley; hiking, walking, climbing, or biking at Royal Gorge Bridge & Park; and any and all other rides, attractions and activities on Royal Gorge Bridge & Park’s premises, or off the premises that are run or sponsored by Royal Gorge Bridge & Park. The INHERENT RISKS associated with the use of the Via Ferrata can cause loss or damage to equipment, personal injury, illness, or in extreme cases, permanent trauma or death. It is the Royal Gorge Bridge and Park’s intent to have facilities with patrons who are fully aware and informed of the possible risks associated with participation in the Via Ferrata. SECTION 1: EXPRESS ASSUMPTION OF THE RISK I acknowledge and understand that climbing is a highly dangerous activity. I understand the activities involved in my use of any of RGBP’s services and/or facilities, both climbing and non- climbing related, entail significant risks, both known and unknown, which could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. Such risks include, among others, equipment failure, falling climbers, rock fall, weather, and negligence of patrons or employees. Before Climbing, I will inspect my harness and equipment. I will ensure my harness is on correctly, and that I am properly tied into the Via Ferrata System or belay system. I will not climb without first familiarizing myself with the Via Ferrata and equipment that I will use and acknowledge that these safety features and precautions may not be all that is necessary to minimize the risks of injury or provide maximum protection from bodily harm or death. I acknowledge and understand that climbing and using the Royal Gorge Via Ferrata at any time can be hazardous and that falling is an inherent risk of Climbing. I understand that whenever a fall occurs, it may be only a few feet or many feet. As I fall, I may hit the wall or objects in my path. When I fall, the jolt from the equipment may cause injury. Falling to the ground from any height may cause serious injury or death.

In addition to falling, I understand I may also be injured by objects or people falling from the wall or objects dropped from the wall by other climbers. I understand that the equipment provided by RGBP may fail. RGBP equipment is inspected prior to use; however, the extreme conditions in which climbing equipment is used may cause equipment to unexpectedly fail. I understand that improper uses of equipment systems will result in injury. Cuts, bruises and abrasions are inherent risks of Climbing. I understand I may experience rope burns, rope abrasion, entanglement or other injuries resulting from activities on or near the Via Ferrata such as, climbing, belaying, and lowering on rope, rescue systems, and any other rope / Via Ferrata techniques. I understand and acknowledge that the above list is not exclusive, or an exhaustive list of all possible risks associated with the use of the RGBP Via Ferrata, its facilities or equipment. I accept and assume all possible risks of use.

SECTION 2: CONTRACT, WAIVER, RELEASE AND INDEMNIFICATION

I waive any legal right to any claim and agree to indemnify and hold harmless RGBP, their agents and employees from all claims, damages, losses, injuries and expenses arising out of or resulting from my family’s or my participation in these activities for all past, present or future claims, demands and cause of action. I agree that RGBP has a subrogation/right to indemnification for my actions based on any permit, grant, contract or agreement with third parties. I further agree to release, acquit, and covenant to RGBP, their agents, and employees for all actions, causes of action, past present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of RGBP, negligence of another participant, or my family, myself, or my heirs, against RGBP arising out of participation in this program. This agreement covers the incidental transportation to and from the recreation location. This release shall not be superseded by any other agreement, nor shall this release supersede any agreement, whether there is any perceived inconsistency or not. I agree to indemnify, agree to subrogation and to reimburse RGBP for any damages, costs, fees or expenses RGBP expends on me or my family’s behalf, or for any damages I may do to third parties. I understand this means I am the insurer for the RGBP for any actions or damages, me or my family may incur. I agree that the venue for any lawsuit and the law governing any such lawsuit shall be in Canon City, Fremont County, Colorado and governed by Colorado Law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in Canon City, Fremont County, Colorado applying Colorado Law. I understand and agree that I may be giving up the right to a deprivation of meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. The terms of this agreement shall continue and be, in effect, after my climbing has ended. No changes to this document are valid. As liquidated damages, I hereby agree that if RGBP is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by myself, my executors, or my heirs, on my family’s or my behalf, my heirs or executors, and agree to pay RGBP’s costs and attorney’s fees if they successfully defend such action, lawsuit or litigation. I understand and agree that I am indemnifying RGBP for any claim I may bring for any injury I receive, and if I do, I will be subject to paying RGBP. damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this agreement sets forth the entire understanding of the parties and all prior understand or communications, electronic, online, written or oral, are superseded by this agreement. I hereby give permission for transportation to any medical facility or hospital, knowing I am responsible for all furthering costs. I authorize any qualified person or medical personnel to render necessary emergency medical care for myself and my family. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer or else I agree to bear the costs of such injury, damage or cost myself.

I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume-and bear the costs of all risks that may be created, directly or indirectly, by any such condition. I understand that my use of the RGBP may be photographed and in consideration for permission to use the Facilities, I hereby give permission to RGBP to use my likeness for any purpose whatsoever. In short, I understand that by signing this agreement, I cannot sue RGBP for any reason. If I do sue, I understand I cannot collect any money, if I sue and lose, I will owe RGBP money. . RGBP reserves the right to deny access to its facilities to any individual, permanently or for a specified period of time, for any breach of contract, violation of the Code of Conduct, failure to follow RGBP’s safety policies or for any conduct that RGBP views as unsafe or inappropriate.

CERTIFICATION

I have had sufficient opportunity to read and understand this agreement. I am voluntarily signing this agreement. I understand that I am giving up certain legal rights by signing this agreement. I understand that pursuant to Colorado Revised Statutes § 13-22-107, that this release is effective in preventing me from pursuing claims or litigation for injuries my child may receive. I acknowledge that I have received a copy of this document if I wanted one. I understand that I am signing this document electronically or may be signing this document electronically in the future. I understand and agree under State and Federal law; there is no difference between signing this electronically or in writing. I acknowledge that there are inherent risks in participation in or on the Via Ferrata and the Aerial Walkway. Patrons of the Via Ferrata and the Walkway accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgement and act in a responsible manner while using the Via Ferrata and/or the Aerial Walkway and to obey all oral or written warnings, or both, prior to or during participation or both Patrons have a duty to not participate in the Via Ferrata or the Aerial Walkway when under the influence of drugs or alcohol. Patrons have a duty to properly use all safety equipment and procedures and protocols as instructed by their guide. I acknowledge that the guide may cease the tour at any time for a safety or weather related issue. I, as a patron of the Via Ferrata agree to follow all requirements mentioned in ASTM F770-18 Patron Responsibility. 9.1 There are inherent risks in the participation in or on any amusement ride, device or attraction. Patrons of an amusement ride, device, or attraction, by participation, accept the risks inherent in such participation of which the ordinary prudent person is or should be aware. Patrons have a duty to exercise good judgment and act in a responsible manner while using the amusement ride, device, or attraction to obey all oral or written warnings, or both prior to or during participation, or both. 9.2 Patrons have a duty to not participate in or on any amusement ride, device, or attraction when under the influence of drugs or alcohol. 9.3 Patrons have a duty to properly use all ride or device safety equipment provided. I confirm, under penalty of perjury, that I am over the age of 18 or the parent or Court- Appointed legal guardian for all children under the age of 18 years old that I am signing this release for.