Terms and Conditions

Terms and Conditions you are agreeing to when booking:

Liability Waiver:

The person who is participating in the Recreational Activities shall be referred to hereinafter as “ PARTICIPANT”.  “THE UNDERSIGNED” means only the “PARTICIPANT” when the “PARTICIPANT’ is age 18 or older OR it means both the “PARTICIPANT” and the “PARTICIPANT’S” parent or legal guardian when the “PARTICIPANT” is under the age of 18. In consideration of the rental and use of the facilities owned, managed or licensed by YONDER YURTS, LLC, a Colorado limited liability company (“YONDER YURTS”) the UNDERSIGNED hereby represents and agrees to the following:

1. Assumption of Risk.  The UNDERSIGNED acknowledges and understands that the yurts or cabins owned or operated by YONDER YURTS (“LODGING”) are located within Colorado State Forest in a remote wilderness setting and have no utilities or communication facilities.  Emergency assistance is not immediately available and PARTICIPANTS are responsible for their own safety and well-being.  The UNDERSIGNED acknowledges and understands that skiing, hiking, snowshoeing, snowmobiling, horseback riding, wilderness and backcountry recreation uses, along with other activities customarily done in conjunction with wilderness or backcountry recreation and the LODGING (hereafter called “ACTIVITY”), are inherently dangerous, are not patrolled or policed, and involve a risk of personal injury, paralysis, death and damage to personal property.  Such injuries may be caused by the PARTICIPANT, other individuals, avalanches, natural hazards including but not limited to lightning, storms, adverse or changing weather conditions, domestic or wild animals, travel in unfamiliar terrain or over structures and unimproved and unmaintained roads or trails.  Mountain and forest terrain has steep slopes which may contain dangerous obstacles, hazards which may be hidden or covered by snow. Obstacles and hazards include, but, are not limited to crevasses, ice, snow cornices, tree well, tree stumps, creeks, rocks and boulders, forest deadfall, holes, depressions below the snow surface, and varying, difficult snow conditions.  The mountain areas may also have dangerous man-made obstacles and hazards, which include but are not limited to, roads, steep road banks, fences and other manmade structures. Backcountry travel conditions vary and are unpredictable and changeable, and include risks involved in decision making and route finding in a backcountry or wilderness environment in mountain terrain: and risks of getting lost and of not reaching the yurt or cabin. Risks can arise from travel within and overnight stays of high altitudes. Risks arise from the use of a remote, yurt or cabin, with no communicating system in a backcountry environment in mountainous terrain. Further, risks arise from other users within the public lands, including the discharge of firearms by hunters.  PARTICIPANT voluntarily participates in the activity set out above with full knowledge of the dangers and risks involved and freely and willingly agrees to accept and assume all risk of injury, paralysis, death or property damage which may result, whether arising out of PARTICIPANT’S own actions or the actions of others.

WARNING: Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing as defined in the Colorado Ski Safety Act. 

2. General Release. The UNDERSIGNED, and my personal and legal representatives, heirs, successors and next of kin hereby releases and waives any claims that the UNDERSIGNED may now or hereafter have against YONDER YURTS, its officers, members, managers, operators, employees, agents, representatives or assigns and the STATE OF COLORADO, for any and all claimed liabilities, losses, damages, costs or expenses of whatever kind or nature, including attorney's fees and costs, which UNDERSIGNED may incur as a result of any injury to PARTICIPANT and/or damage or destruction of personal property of PARTICIPANT, by reason of the ACTIVITIY, and PARTICIPANT’s activities conducted on LODGING Property or in conjunction with the use of the LODGING, including, without limitation, personal and bodily injury, paralysis, death, pain and suffering, emotional or mental distress and all damages arising therefrom, including loss of income, earnings and all medical expenses related thereto.

3. I understand that I have responsibilities as a backcountry user. I am voluntarily traveling to and from and using Yonder Yurts properties with full knowledge of the inherent risks, hazards, and dangers involved, and herby assume and accept any and all risks of injury to person or property, paralysis or death.

4. Indemnification. The UNDERSIGNED further indemnifies, defends and holds harmless YONDER YURTS and its officers, members, managers, operators, employees, agents, representatives and assigns, and the STATE OF COLORADO from and against any and all claims, actions, causes of action, suits, liabilities, damages, losses, expenses, costs, including, without limitation, reasonable attorney's fees, and negligence of any kind or nature, whether foreseen or unforeseen, which arise or result from any of PARTICIPANT’s actions leading to or contributing to any damage, loss, injury, paralysis, or death to me, or my property as a result of my traveling environment in mountainous terrain, whether such damage, loss injury, paralysis or death results from ordinary negligence of any of Yonder Yurts, its owners, operators, members, agents, employees, and volunteers, or from any other cause.  

Further, if the Undersigned is the organizer or group leader, such individual indemnifies, defends and holds harmless YONDER YURTS and its officers, members, managers, operators, employees, agents, representatives and assigns, and the STATE OF COLORADO from and against any and all claims, actions, causes of action, suits, liabilities, damages, losses, expenses, costs, including, without limitation, reasonable attorney's fees, and negligence of any kind or nature, whether foreseen or unforeseen, which arise or result from any of PARTICIPANT’s actions leading to or contributing to any damage, loss, injury, paralysis, or death to me, members of my group, or my property as a result of my traveling environment in mountainous terrain, whether such damage, loss injury, paralysis or death results from ordinary negligence of Yonder Yurts, its owners, operators, members, agents, employees, and volunteers, or from any other cause.  

5. Warning and Acknowledgement. If the Undersigned is the organizer or group leader, the undersigned agrees it is their responsibility to ensure that an Assumption of Risk, Release and Waiver of Claims and Indemnification is signed by each and every member of their party (or signed by a parent or legal guardian on behalf of minors). I agree to save and hold harmless, indemnify, and forever defend Yonder Yurts, its owners, operators, members, agents, employees from and against any and all claims, actions, demands, expenses, liabilities (including attorney’s fees) for ordinary negligence made or brought by any member of my group or brought by anyone on behalf of said member, including minors, who has not signed (or caused to be signed by a parent or legal guardian, in the case of minors) and delivered to Yonder Yurts, that arise from said members travel to or from and use of Yonder Yurts. This form is intended to be a comprehensive release of liability but is not intended to assert defenses which are prohibited by law.

6. Minors.  In the case of a minor, the undersigned parent or legal guardian acknowledges that such parent or legal guardian is also signing this release on behalf of the minor PARTICIPANT, and that the minor PARTICIPANT shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor PARTICIPANT, the parent or legal guardian understands that they are waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that but for the foregoing, the minor would not be permitted to participate in the ACTIVITY.

7. Binding Effect. This release and the foregoing provisions shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, distributors, heirs, next of kin, executors and personal representatives of PARTICIPANT.

8. ALSO, I REPRESENT (on behalf of myself and everyone in my group):

"I AM AT OR OVER 18 YEARS OF AGE or I AM THE PARENT OR GUARDIAN OF THE MINOR PARTICIPANT;

"I HAVE READ THIS ENTIRE DOCUMENT (ALL THREE PAGES), AND I FULLY

UNDERSTAND IT; 

" I UNDERSTAND THAT I HAVE RESPONSIBILITIES AS A BACKCOUNTRY USER. I AM VOLUNTARILY TRAVELING TO AND FROM AND USING YONDER YURTS PROPERTIES WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED, AND HERBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY TO PERSON OR PROPERTY, PARALYSIS OR DEATH.

" I VOLUNTARILY SIGN THIS RELEASE AND WAIVER OF CLAIMS AND INDEMNIFICATION AND KNOWINGLY RELEASE CERTAIN RIGHTS THAT MIGHT NOT OTHERWISE BE RELEASED;

"I INTEND FOR THIS RELEASE TO BE VALID AND BINDING EACH AND EVERY DAY THAT THE PARTICIPANT PARTICIPATES IN THE ACTIVITY;

"ALL OF THE INFORMATION THAT I HAVE PROVIDED IS TRUE AND ACCURATE.

By checking "I have read and agree to the Terms and Conditions", I am/we are legally bound to this waiver.