Adventures involve engaging in exciting activity, especially the exploration of unknown territory. Adventures usually involve danger, and known and unknown risks. To protect ACA, its mission and its members and owners, we strictly require all participants in ACA activities to be members, and we require our members to comply with ACA policies, procedures, terms and conditions, which we refer to together as “rules.”

The following are some of ACA’s general rules. By using this site, and by participating in or using ACA’s services and benefits, you agree to follow these rules and you agree to comply with other ACA rules for specific activities, events and equipment. Any members/participants who violate any of these rules may be subject to permanent dismissal from the ACA community and prohibition from participating in any group related events or activities, at the sole discretion of ACA.

General rules and standards of conduct

ACA considers ourselves a community of like-minded individuals coming together and supporting each other in adventures. We emphasize that membership in this community and all events are fully inclusive and all members are to be treated fairly, with kindness and respect at all times.

Membership and participation in ACA is open to all persons. ACA does not discriminate based on race, color, religion, sex, sexual orientation, gender identity, national origin, or disability.

Participants are responsible to disclose any known medical conditions that may significantly prevent active and safe participation in events, adventures or outings.

Our community is a safe place. You may not use ACA to promote or be unlawful, harassing, offensive, hateful, threatening, stalking, vulgar, abusive, racist, or lewd, or to post objectionable content.

Always Choose Adventures encourages a healthy active lifestyle, and we forbid the use, promotion and selling of controlled substances and unlawful items.

Dogs need to be on leash at all times and follow trail rules. If trail rules permit, dogs may be off leash. Dog owners must control their dogs and carry/use poop bags.

All event participants are required to follow trail rules at all times.

Event participants may come and go as they please.

If a member repeatedly no shows to events, ACA may suspend or ban the member from further events.

Any events organized through ACA require the presence of a First Aid Kit. Members are required to purchase and have a First Aid Kit on all adventures, outings, and events. If a group engages in an activity together, ACA only requires at least one First Aid Kit per group. ACA has a kit available for use at large organized events, or organizers may supply their own. Please email Info@AlwaysChooseAdventures.org if you have any questions regarding this requirement.

At time of membership, individuals must provide an emergency contact. Please update your emergency contact on a regular basis.

Event deposits are non-refundable.

Members cannot in any way charge for unofficial ACA hikes or get-togethers. Doing so will result in immediate removal from ACA and all affiliated sites.

ACA website and social media

ACA may remove any material on its social media and/or prevent anyone from posting on its social media, in ACA’s sole discretion. Members must not post unlawful, harassing, offensive, hateful, threatening, stalking, vulgar, abusive, racist, lewd, or otherwise objectionable content on ACA social media.

The posting of negative, distasteful, bullying, or inappropriate comments will not be tolerated.

Do not disrespect or block any of the ACA Administrators or Moderators. If you block an ACA Administrator or Moderator, you may immediately be removed from all ACA groups and sites, and your membership may be revoked.

All ACA branding, information and content on the ACA website or social media sites and pages are the exclusive property of ACA or its licensors. All present and future rights to ACA intellectual property including but not limited to trademarks (whether registered or common law trademarks), designs, copyright, and any corresponding rights under the laws of any jurisdiction (collectively ACA Content), are protected and solely belong to ACA. All rights in respect to ACA Content are the sole property of ACA, and ACA Content may not be copied, distributed, published, taken, connected to other sites or works, or used without prior written permission by ACA’s executive director.​

By posting content on any ACA site including but not limited to ACA’s website, Facebook, meetup.com, Instagram, or any social media, or by using the hashtag #alwayschooseadventures, you are granting ACA a non-exclusive, worldwide, irrevocable, perpetual, transferable, royalty-free license, with the right to sublicense or sublicense, to host, use, copy, adapt, download, modify, distribute, reference, store cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, create derivative works, and otherwise exploit such content on and through ACA’s website and third-party distribution channels selected by, but not necessarily affiliated with, ACA, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. Neither ACA nor any third parties have any obligation to provide compensation to you for your content or the licenses granted herein.

By posting content on ACA’s sites you also acknowledge and agree that you are solely responsible for all content and for compliance with the above-referenced standards and represent and warrant that: (i) you either are the sole and exclusive owner of all content; and (ii) neither the content nor your posting, uploading, publication, submission or transmittal of the content or ACA’s use of the content, through or by means of the website or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary of intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

ACA prohibits spamming, harvesting, farming and other unauthorized use of the information of its members. If ACA finds you to be in violation of these rules, it may revoke membership rights, close any membership account and terminate any active Sponsorship and/or Partnership agreements. Spamming is any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email requests and does not consent to transmission. These messages include but are not limited to unsolicited emails, and bulk or indiscriminate messages of any kind in connection with the marketing of external programs, products, and services and/or for commercial purpose or gain from our membership group. Spamming is also posting advertisements in public or private groups, in violation of the terms of participation in such group, that are off topic or in groups or platforms that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in public chat areas when they are not permitted by the terms of participation in such message boards and chat areas. ACA also forbids harvesting membership email addresses, and farming of membership contact information. Harvesting is bulk collection of email addresses on any Internet platforms where ACA has a presence. Farming is the process of bulk collection of any contact information of membership on any Internet platforms where ACA has a presence. ACA may suspend your account membership and participation on any Internet platform where ACA has a presence pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming, harvesting or farming.

Advertising or crowdsourcing other than ACA promotions are prohibited.

ACA does not allow promotion of outside groups, or non-ACA trips or events. Self-Promotion is not allowed unless within a designated post by the ACA administrative team.

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ACA GEAR LIBRARY

Any person using ACA gear library equipment must be a paid ACA member.

Any use of ACA gear is subject to the ACA Acknowledgement of Risk and Waiver of Liability.

Gear must be checked out, used and returned in accordance with the policies and procedures on ACA’s gear library web page.

Gilpin County Parks & Recreation is our Gear Library Headquarters, and their employees assist with the preparation and rentals of our Gear Library. Gilpin County Parks & Recreation operates under the same agreement as our terms and conditions when using ACA’s equipment or attending an ACA event.

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MEMBERSHIP LEVELS AND BENEFITS

Membership with ACA has various tiers consisting of TrailBlazer, ReWild Your Family, Adventure Passes and Corporate Membership.

Wanderers are defined as free members who have access through our Facebook page or any other social media that ACA controls or operates. Wanderers must still agree to ACA’s acknowledgement of risk and waiver of liability, and must comply with all ACA rules.

TrailBlazers, ReWild Your Family, and Adventure Pass are our paid member options, who not only have access to social media, but also have exclusive access to offers and discounts through ACA, as well as the gear library.​

Basic Members may participate in events through ACA’s Facebook page, or other social media platforms.

ReWild Your Family are our paid members that have access as a single or double parent family to include their children under the age of 18, free of charge under their parent membership.

Members may communicate with ACA and other members through the ACA Facebook page regarding any adventure-related subjects. Members are encouraged to network and share their adventure interests and experiences with other ACA members through the ACA. All such communication is subject to ACA’s social media rules.

Events are excellent venues for networking, getting other members’ insights, collective brainstorming for adventures, and taking advantage of the wealth of knowledge of Group members. Participants are encouraged to make full use of their opportunities to do so.

ACA members may sell adventure gear through the ACA Facebook page. In selling gear through the ACA page, the selling member represents that he/she has the sole right to sell such gear, and is responsible for all applicable taxes, fees and transfers of such goods. Any disputes that may arise between a buying and selling member will be dealt with between those members themselves, and Always Choose Adventures takes no responsibility with regard to any aspect of such transactions.

ACA members may post photographs, videos or related media on ACA social media that have been taken during events. If the media was captured, produced or created by another individual, members are required to give credit to the creator. Members are not permitted to post excessive photographs, or media for personal or financial gain.​

All official ACA group events will be organized and led by an Ambassador and/or designated event coordinator(s), who are responsible to:

Define and make clear the duration of the event, expected pace, difficulty level, required gear, and level of experience required to participate in such event.

Respond to questions from its members in a timely fashion.

Be informative and contactable for participants to discuss their adventure goals, and any health issues that may impact participation in the event.

For events organized with other members that are not official ACA group events, we strongly encourage participants to meet in a public place, prior to the event, to discuss planning and the overview of the adventure.

Participants are encouraged to be helpful with answering the questions of others, as some participants may be new to exploring and adventuring.

Membership pricing is ​per individual age 18 or older. Any minors are included under their parent or guardian’s membership plan and pricing.

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REFUNDS AND CANCELLATION POLICIES:

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REFUND POLICY ON ALL TICKETS and EVENTS: All ACA events are NON-REFUNDABLE. If for some reason you cannot attend, please consider your purchase a donation.

Paid events: All sales are final. There will be no refunds or exchanges of purchased tickets. Individuals are allowed to sell their tickets to events on our Facebook page, at face value only. Resale at a higher price is strictly prohibited. Do not lose your ticket, as it will not be replaced if it is lost, stolen or destroyed.

Free events: All members must register through Eventbrite to attend events. If you are not able to join, please cancel your ticket through Eventbrite at least 72 hours before the event, so that your spot may be claimed by someone who is able to attend. Repeated no shows to free events may result in revoked membership and removal from the Facebook group.

Memberships are set up as auto renewals in our membership platform. If you wish to not auto-renew your annual membership, you must do so at time of enrollment. No refunds will be provided if you choose to cancel your membership for the year after payment has been withdrawn from your bank institution.

Upgrade, Downgrades, or membership plan changes typically occur in the middle of a billing cycle, no prorates, refunds or exchanges will be given at the time of membership modifications. In the event you may change your plan, billing will start that day forward.

Paid Memberships provide ACA with the financial support to maintain a strong organization. Members will receive email alerts regarding membership, and payments. Organizational membership renewal will be submitted to our partners electronically on a monthly or annual basis.

ACA is a Section 501(c)(3) nonprofit corporation. All funds from memberships go directly back into Always Choose Adventures and will assist with providing long-term support for our members and community.

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EVENTS AND GEAR LIBRARY CANCELLATIONS:

We require all reservations and event spots to be claimed via Eventbrite, or Partner website prior to attending our activities, adventures and events. Due to the nature of our activities we do require 72 hours notice in the event you need to cancel your ticket. If you are unable to attend the event and have not cancelled via Eventbrite or email within 72 hours prior to the event, we will accessed a $35.00 no show / cancellation fee.

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INTELLECTUAL PROPERTY RIGHTS

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Intellectual Property Rights includes but is not limited to: all information and content (the “Content”) on the Always Choose Adventures website or Facebook Group page entitled “Always Choose Adventures” (including all individual ACA State pages) is the exclusive property of Always Choose Adventures or its licensors. All present and future rights to intellectual property including but not limited to trademarks (whether registered or common law trademarks), designs, copyright and any corresponding rights under the laws of any jurisdiction, are protected and solely belong to ACA. All rights in respect to discovery, trade secrets, secret processes, know-how, concept, idea, information, process, data, or work products developed in whole or in part by ACA are the sole property of ACA. Any unauthorized use of our Content and the above-mentioned Intellectual Property will be considered a violation of Always Choose Adventures, Inc. Intellectual Property Rights. Unless otherwise stated in these guidelines, Always Choose Adventures Inc. and its suppliers reserve all tacit and direct rights to copyrights, trademarks, patents, or confidential information relating the Content. No Content may be copied, distributed, published, or used in any way, in whole or in part, without prior written agreement from Always Choose Adventures Inc. Except as allowed by the limited license contained in these guidelines, you may not, and these guidelines do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Content.

All Branding is exclusively the right and property of Always Choose Adventures. No person, entity, or online presence may use, combine or connect our Brand to an individual or other company brand without explicit permission by ACA.

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ANTI-SPAM POLICY

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ACA sets forth an Anti-Spam policy which includes the use of “Spam”, “Harvesting”, and “Farming” marketing techniques and practices directed at its membership/members. In the event that Always Choose Adventures Inc. deems you to be in violation of this Anti-Spam policy, it shall revoke membership rights, close any membership account and terminate any active Sponsorship and/or Partnership agreements.

Spamming is defined herein as any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email requests and does not consent to transmission. These messages include but are not limited to unsolicited emails, and bulk or indiscriminate messages of any kind in connection with the marketing of external programs, products, and services and/or for commercial purpose or gain from our membership group. ACA also adopts the definition of spamming to constitute posting advertisements in public or private groups, in violation of the terms of participation in such group, that are off topic or in groups or platforms that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in public chat areas when they are not permitted by the terms of participation in such message boards and chat areas.

ACA has a strict policy against spamming and reserves the right to suspend your account membership and participation on any Internet platform where ACA has a presence pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

Contained under the Anti-Spam policy ACA also forbids the act of Harvesting of membership Email addresses, and Farming of membership contact information.

ACA considers Harvesting to be the process of bulk collection of email addresses on any Internet platforms where ACA has a presence. Similarly, Farming is the process of bulk collection of any contact information of membership on any Internet platforms where ACA has a presence. As with spamming, both harvesting, and farming of member data is expressly prohibited and will be treated as a violation.

If you are “spammed” by anyone regarding external products, services, website, or any other matters, please report this activity to Info@AlwaysChooseAdventures.org

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PUBLICITY RELEASE:

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Photography, webcasting, and audio/video recording will take place at our events. You consent to be webcast, broadcast, filmed, videotaped, photographed and/or recorded as a member of the audience, a willing participant, and/or a ticket holder. You authorize ACA the use of these (past, present, and future) images, likeness, name, voice and all reproductions in any media forever, in any location in the world, by us or our licensees, and you waive any rights of privacy or publicity related to such uses. You release Always Choose Adventures, our affiliates and licensees from any liability for loss or damage to persons or property arising from the aforementioned actions.​

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CONTENT YOU POST

By posting content, on any of our sites including but not limited to our website, Facebook, meetup.com, Instagram, or any social media and/or by using hashtag #alwayschooseadventures, you hereby grant Always Choose Adventures Inc. non-exclusive, worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense or sublicense, to host, use, copy, adapt, download, modify, distribute, reference, store cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, create derivative works, and otherwise exploit such content on and through the website and third-party distribution channels selected by, but not necessarily affiliated with, Always Choose Adventures, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You agree that neither Always Choose Adventures nor any third parties have any obligation to provide compensation to you for your Content or the licenses granted herein.

You acknowledge and agree that you are solely responsible for all Content and for compliance with the above-referenced standards and represent and warrant that: (i) you either are the sole and exclusive owner of all Content, as contemplated under these Terms of Use; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or ‘Always Choose Adventures’ use of the Content (or any portion thereof), through or by means of the website or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary of intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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STANDARDS OF CONDUCT

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Our community is a safe place. You may not use Always Choose Adventures Inc. to promote or be unlawful, harassing, offensive, hateful, threatening, stalking, vulgar, abusive, racist, lewd, or otherwise post objectionable content.

Always Choose Adventures encourages a healthy active lifestyle we forbid the use, promotion and selling of controlled substances and unlawful items.

Dogs need to be on leash at all times and follow trail rules. If trail permits, dog may be off leash.

All event participants are required to follow trail rules at all times.

Event participants may come and go as they please.

If a member continuously no shows to events, it is up to Always Choose Adventures to ban member from further events.

Any events organized through ACA require the presence of a First Aid Kit. Members are required to purchase and have a First Aid Kit, on all adventures, outings, and events. If a group (consistent of 2 or more individuals) engage in an activity together, ACA only requires one (1) First Aid Kit per group. Always Choose Adventures has a kit available for use at large organized events, or organizers may supply their own. Please email Info@AlwaysChooseAdventures.org if you have any questions regarding this requirement.

At time of membership, individuals must provide an emergency contact. Please update your emergency contact on a regular basis.

Event deposits are non-refundable.

No advertising / crowdsourcing

Members cannot in any way charge for unofficial ACA hikes or get togethers and doing so will result in immediate removal from ACA and all affiliated Sites

ACA does not allow promotion of outside groups, non-ACA trips or events.

· Self-Promotion is not allowed on the main page unless within a designated post by the Administrative team.

The posting of negative, distasteful, bullying, or inappropriate comments will not be tolerated.

· Do not disrespect or block any of the Administrators or Moderators. If at any time you block an Administrative Representative or Moderator of ACA, you will immediately be removed from all ACA groups, sites and membership will be revoked. Non-Members are strictly forbidden from attending events organized by ACA.

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NON DISCRIMINATION POLICY

Always Choose Adventures deeply values its community of volunteers and network of partnering organizations, including the charities, schools, associations, businesses, and faith-based organizations that participate in our volunteer programs. We are committed to creating a friendly environment where each individual is welcomed and respected.

We believe that no person should be excluded from agency services, employment, or volunteer participation on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, or for any other discriminatory reason. Accordingly, we will not knowingly refer volunteers to organizations that engage in unlawful discriminatory practices.

Always Choose Adventures is expressly nonpolitical and is not aligned with any political party, creed, organization, or movement. Always Choose Adventures will not knowingly refer volunteers, or otherwise provide resources to, any organization whose purpose is primarily or substantially political in nature.

Always Choose Adventures is not aligned with any religious belief. We invite faith-based organizations to participate in our volunteer programs so long as they meet our nonprofit partner eligibility criteria and fulfill a strictly charitable purpose. Always Choose Adventures will not knowingly refer volunteers, or otherwise provide resources to, any organization whose purpose is to use that support for the purpose of religious proselytizing.

Always Choose Adventures does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, the appointment to and termination from its Board of Directors, hiring and firing of staff or contractors, selection of volunteers (both for Always Choose Adventures and through referrals to partnering organizations), selection of vendors, and providing of services.

Always Choose Adventures is an equal opportunity employer. We shall not discriminate and will not discriminate in employment, recruitment, Board membership, advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, or for any other discriminatory reason.

We are committed to providing an inclusive and welcoming environment for all volunteers, partners, staff, contractors, and Board members. We endeavor to create a diverse Board of Directors. We aim to build relationships with a wide spectrum of partner organizations and charitable causes as we work to promote and activate volunteers to do good in our community.

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MEMBER RIGHTS, AND BENEFITS

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This section includes all Rights and Benefits for all three tiers of membership; Wanderers, Explorers, and Trail Blazers

· Basic Members may participate in events through ACA’s Facebook page, or other social media platforms.

· Member may communicate with Always Choose Adventures and other members of the Group through the Group Facebook page regarding any adventure-related subjects. Irrelevant or non-adventure related subjects will not be allowed on ACA social media pages.

· Members are encouraged to network and share their adventure interests and experiences with member of the Group through the Group Facebook page.

All participants should keep in mind that events are excellent venues for networking, getting other members insights, collective brainstorming for adventures, and taking advantage of the wealth of knowledge of Group members. Participants are encouraged to make full use of their opportunities to do so.

· Members of the Group may sell adventure gear through the Group page. In selling gear through the Group page, the selling member represents that he/she has the sole right to sell such gear, and is responsible for all applicable taxes, fees and transfers of such goods. Any disputes that may arise between a buying and selling member will be dealt with between those members themselves, and Always Choose Adventures takes no responsibility with regard to any aspect of such transactions.

· Members of the Group may post photographs, videos or related media on the Group page that have been taken during events.

If the media was captured, produced or created by another individual, members are required to give credit to the creator.

Members are not permitted to post excessive photographs on the Group page.

Members are not permitted to post media for personal or financial gain.

· All official ACA group events will be organized and led by an Ambassador and/or designated event coordinator, who are responsible to:

Define and make clear the duration of the event, expected pace, difficulty level, required gear, and level of experience required to participate in such event.

Respond to questions for its members in a timely fashion.

Be informative and contactable for participants to discuss their adventure goals, and any health issues that may impact participation in the event.

· For events organized with other members, that are not official ACA group events, we strongly encourage participants to meet in a public place, prior to the event, to discuss planning and the overview of the adventure.

· ACA considers ourselves a tribe of like-minded individuals coming together and supporting each other in adventures. We emphasize that membership in this community and all events are fully inclusive and all tribe members are to be treated fairly, with kindness and respect at all times. Distasteful and/or negative comments will not be tolerated.

· Participants are encouraged to be helpful with answering the questions of others, as some participants may be new to exploring and adventuring.

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*Always Choose Adventures is a 501(c)3 charitable organization. All donations are tax-deductible.

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Pricing per individual over 18 years of age. Any minors are included under their parent or guardian’s membership plan and pricing.

Paid Memberships provide Always Choose Adventures with the financial support to maintain a strong organization. As a Member, you will receive email alerts regarding membership, and payments. Your membership renewal will be submitted to our partners electronically on a monthly basis.

All funds from memberships go directly back into Always Choose Adventures and will assist with providing long-term support for our members and community.

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VIOLATIONS OF GUIDELINES:

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· Any members/participants who violate any of these guidelines will be subject to permanent dismissal from the Always Choose Adventures community and prohibition from participating in any group related events or activities, at the sole discretion of Always Choose Adventures, Inc.

BINDING AGREEMENT:

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· By becoming a member or participating in any way in Always Choose Adventures activities, you are agreeing to be bound by these Terms, and any written updates to these guidelines that may be disseminated/published on our website from time to time by Always Choose Adventures, Inc.

· The person entering into this Agreement represents, warrants and covenants that they have the authority to enter into this Agreement and perform its obligations hereunder.

· This Agreement will constitute a legal, valid and binding obligation of Member, enforceable in accordance with its terms.

· Any and all procedures adopted by ACA may be amended at any time, and

GOVERNING LAW:

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· These guidelines shall be interpreted under the laws of the State of Colorado, without regard to any choice of law or conflict of law principles. Jurisdiction and venue for any disputes arising under these guidelines shall be exclusive to the state and federal courts in the City and County of Centennial, State of Colorado.

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Acknowledgement of Risk and Release of Liability

​I wish to become a member of ACA and/or participate in activities, events, trips, social media and other benefits (including use of the gear library) (collectively “ACA Activities”) partially or wholly sponsored, organized, directed, conducted, owned or paid for by Always Choose Adventures, including its employees, agents, volunteers, instructors and members (collectively “ACA”). In exchange for the ability to join and/or participate in ACA Activities, by my/our signature on (and/or clicking on the ACA webpage to agree to) this Acknowledgement of Risk and Release of Liability (“Release”) I/we hereby irrevocably and unconditionally agree for myself/ourselves (including our minor children as applicable) and my/our heirs, estate, insurers, successors and assigns as follows:

Acknowledgement and assumption of risk

I understand that any and all ACA Activities may be hazardous and may result in severe injury, loss, damage, or death. I understand that I am solely responsible for my own safety, and for taking every precaution to provide for my safety and well-being, while participating in ACA Activities. I understand that my skills will be challenged during ACA Activities. I understand that I am solely responsible for assuring that my physical conditioning, skills, training and equipment are adequate for me to participate safely in ACA Activities. I understand that the ACA has no obligation to provide medical care, and has not undertaken the responsibility to do so. I understand that the ACA is not a guide service. I understand that many ACA Activities are led by volunteers whose abilities, skills, equipment and actions are not independently controlled or verified by ACA. I understand that ACA Activities involve inherent, serious risks and dangers that are impossible to know or predict, including but not limited to: narrow or nonexistent trails; rough, exposed, unstable, steep or slippery terrain; high-altitude illness; lightning; cold weather; avalanches, icefall or rockfall; wild or venomous/poisonous animals, insects or plants; dangerous river or water crossings; fires or floods; other forces of nature; equipment malfunctions or failure; extreme remoteness from medical facilities or rescue; travel by motor vehicles or other conveyance; acts or omissions by ACA, its employees, agents, instructors, volunteers or members; and acts or omissions by other activity participants. I understand and have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume such risks.

Release of liability

I fully and forever release and discharge ACA, its volunteers, employees, agents, partners, leaders, instructors, members, guides, officers, directors, representatives, owners or operators of ACA Activities, John Ewers – Land Owner, gear, facilities, equipment and vehicles, and all others involved in ACA Activities (the “Released Parties”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in, use of, or attendance at any and all ACA Activities, including use of the ACA gear library and social media, and including transportation related to ACA Activities, even if it is due to the negligence or other fault of the Released Parties.

Covenant not to sue

I will not initiate any lawsuit, court action, or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me or others in connection with my participation in, use of, or attendance at any or all ACA Activities, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injuries, losses, or damages that I may experience related to ACA Activities, even if due to the negligence or other fault of the Released Parties. I waive my insurers’ right to make a claim against the Released Parties based on payments by insurers to me or on my behalf for any reason. This means that my insurers have no right of subrogation against the Released Parties. If any portion of this covenant not to sue is held to be invalid or unenforceable, I agree that the venue of any lawsuit shall be the City of Central City, Gilpin County, Colorado, and that, irrespective of any otherwise applicable choice-of-law statute, law or provision, Colorado statutory and substantive law shall apply to any such lawsuit.

Indemnification and hold harmless

I will hold harmless, indemnify, defend and reimburse the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, injury (including death), loss, or damage sustained by me or others in connection with my attendance at, use of or participation in any ACA Activities, including use of ACA gear or social media, and including transportation related to ACA Activities. This means that I will defend and reimburse the Released Parties if anyone makes a claim against them based on injuries, losses or damages I may suffer, or based on injuries, losses or damages by others based on use of ACA gear that I have checked out of the ACA gear library.

No insurance

I understand that ACA and others involved in ACA Activities do not provide me with any insurance, including life, medical, motor vehicle, or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in, use of, or attendance at any ACA Activities. If I want insurance of any kind, I must obtain my own insurance. I will pay my own medical emergency expenses and all subsequent medical expenses associated with any illness, accident, or injury in connection with any ACA Activities.

Publicity release

Photography, webcasting, and audio/video recording may take place at ACA events. I consent to be webcast, broadcast, filmed, videotaped, photographed and/or recorded as a member of the audience, a willing participant, and/or a ticket holder. I authorize ACA to use all past, present, and future images, likenesses, names, voices and all reproductions in any media forever, in any location, by ACA or its licensees, and I waive any rights of privacy or publicity related to such uses. I also release, indemnify, defend and hold harmless ACA, its affiliates and licensees from any liability for loss or damage to persons or property arising from such uses.

Additional terms and conditions

ACA has additional terms and conditions for the use of its services and benefits, including ACA’s commitments to non-discrimination, prohibition of controlled substances, requirements to follow trail rules, requirements for using the ACA gear library, and requirements for participation in ACA events and posting on ACA social media. I agree to comply with all of ACA’s terms and conditions for the use of its services and benefits, and I release ACA and the other Released Parties if I/we fail to do so.

Validity

I intend this Release to apply in connection with any ACA Activities at any time and anywhere in the world. I agree that my clicking on the acceptance button on the ACA web page constitutes my acceptance of this Release with the same force and effect as if I were to sign a printed copy of this Release. If I am applying for membership in, participation in or use of ACA Activities by multiple family members, I agree that my clicking on the acceptance button on the ACA web page constitutes the agreement of each adult family member to all of the terms and conditions of this Release, including release of minor claims. I further understand and agree that payment of ACA membership fees and/or use of the ACA gear library constitutes additional, independent acceptance of all of the terms of this Release. I further understand and agree that my signature of a printed copy of this Release is not required to give effect to my acceptance of the terms of this Release, but I will immediately provide my signature on a printed copy of this Release upon request. If any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release supersedes any oral or written statements made by or to me at any time by anyone in connection with any ACA Activities. I understand that I cannot terminate, cancel, or revoke this Release for any reason.

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​I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY CLICKING THE ACCEPTANCE BUTTON ON THE ACA WEBPAGE I AM AGREEING TO ITS TERMS WITH THE SAME FORCE AND EFFECT AS IF I WERE SIGNING IT. I UNDERSTAND THAT BY AGREEING TO THIS ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY I AM GIVING UP MY RIGHT TO SUE OR OTHERWISE MAKE ANY CLAIM AGAINST THE RELEASED PARTIES. I HAVE READ THIS ENTIRE DOCUMENT CAREFULLY. I FULLY UNDERSTAND ITS CONTENTS AND I VOLUNTARILY AGREE TO ITS TERMS.

FOR ANY MINOR (A PERSON UNDER 18 YEARS OLD), THE MINOR’S PARENT OR GUARDIAN MUST ALSO READ AND CLICK THE ACCEPTANCE BUTTON ON THE ACA WEBPAGE TO AGREE TO THE FOLLOWING:

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Parent/Guardian Release of Minor’s Claims

I am applying for family membership with the ACA and am the parent or legal guardian of a minor (the “Participant”). On behalf of the Participant, myself, the Participant’s parents or guardians, heirs, estate, insurers, assigns and anyone else who may make any claim for or on behalf of the Participant, I hereby irrevocably and unconditionally:

Agree to all of the terms of the above Acknowledgement of Risk and Release of Liability (“Release”). I understand and agree that all provisions of the Release, including but not limited to the Covenant Not to Sue and the Validity clauses, are incorporated herein by reference and apply to this Parent/Guardian Agreement as well.

Agree to cause the Participant to comply with the terms of the above Release, and to review with the minor the risks and understandings set forth in the “Acknowledgement and Assumption of Risk” paragraph above prior to the minor’s participation in any ACA Activities.

Agree not to take any actions that would assist or cause the Participant to invalidate, renounce, negate, revoke, or disclaim any part of the Release.

Agree to hold harmless, indemnify, defend, and reimburse the Released Parties described in the Release from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by any of them to any person (including the Participant or insurers) in connection with any accident, injury (including death), loss, or damage arising out of the Participant’s attendance at or participation in or use of any ACA Activities (as defined in the Release), including use of the ACA gear library and transportation related to the ACA Activities.

Authorize and permit ACA, its employees, agents, volunteers, instructors and members to administer first aid to the Participant, emergency transportation, and any other medical treatment performed by physicians, paramedics, and other medical personnel, in the event of any illness, accident or injury to the Participant during or in ACA Activities.

I HAVE READ THIS PARENT/GUARDIAN RELEASE OF MINOR’S CLAIMS AND THE PRECEDING ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY CAREFULLY. I FULLY UNDERSTAND THEIR CONTENTS AND I VOLUNTARILY AGREE TO THEIR TERMS.