Terms of Use/Participation Agreement

By using this site, (the "Site") and/or participating in any Activity, you ("Participant" or “you”) agree to the terms and conditions in this Agreement between you and Vela Adventures, LLC (hereinafter, "Vela Adventures"). If you do not wish to agree to the outlined terms and conditions (the "Agreement"), your only recourse is to discontinue use of the Site and not participate in any Vela Adventures Activity.

Vela Adventures reserves the right to make any changes to this Agreement and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Agreement and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Agreement and Privacy Policy and you continue to use our Site or participate in any Activity, you are impliedly agreeing to the Agreement and Privacy Policy expressed herein.

  1. Age Requirement. Participant must be at least 18 years of age for all Activities not involving alcohol and at least 21 years of age for all Activities involving alcohol (for instance, wine tastings or brewery tours). Participants under the age of 18 are allowed on certain Activity with guardian/parent permission.
  2. Change and/or Discontinuation of Activities. Vela Adventures shall have the right at any time to change or discontinue any Activity, including, but not limited to: the sponsored or organized Activities available; the addition of features for Participant; the offerings of third parties; and the equipment available for use by Participant. Further, Vela Adventures may request additional information at any time by Participant, may change the fees for Participant to participate in any Activity, may limit Participant participation, or may require performance of certain tasks in order to participate in any Activity.
  3. Payment. Vela Adventures must receive payment upon Participant booking a reservation for anActivity by approved payment method online to guarantee Participant’s spot in the Activity.
  4. Refunds. Unless otherwise stated in the Activity description, full refunds will be given for all cancellations received with at least 72 hours notice before the Activity within 15 business days of receipt of the cancellation notice. For all cancellations received less than 72 hours before the Activity but more than 24 hours in advance, unless otherwise stated in the Activity description, Participant will receive a credit for 50% of the purchase price to be applied to an Activity within three months of the original Activity. For all cancellations received with less than 24-hour notice of the Activity, no refunds will be given.
  5. Use of Images. Participant agrees and understands that there is no right to privacy during an Activity. Further, Participant agrees and acknowledges that both video and photographs may be taken during an Activity in public areas for marketing purposes. Participant agrees that Participant has granted Vela Adventures the rights to use such video and photographs for any purpose.
  6. Health Issues/Allergies. Participant agrees to inform Vela Adventures of any medical condition prior to Participant’s participation in any Activities. Should Participant fail to mention any medical problem, Participant agrees to release and hold harmless Vela Adventures for any injury occurring as a result of participating in the Activity.Participant agrees and acknowledges that it is Participant’s responsibility to inform Vela Adventures of any allergies. Vela Adventures will make reasonable attempts to accommodate such allergies but cannot guarantee that any activity will be free from the allergens.
  7. Marketing. Participant agrees and acknowledges that Vela Adventures may contact Participant for marketing purposes as stated in Vela Adventures’ Privacy Policy which is available online at
  8. Participant’s Sole Risk. PARTICIPANT EXPRESSLY AGREES THAT PARTICIPATION IN ANY ACTIVITY IS AT PARTICIPANT’S SOLE RISK. IN NO EVENT WILL VELA ADVENTURES OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO PARTICIPANT OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE PARTICIPATION IN ANY ACTIVITY.
  9. Third Parties. PARTICIPANT SPECIFICALLY ACKNOWLEDGES THAT VELA ADVENTURES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER PARTICIPANTS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH PARTICIPANT. PARTICIPANT AGREES AND ACKNOWLEDGES THAT THIRD PARTIES MAY OFFER ACTIVITIES, PRODUCTS, OR SERVICES TO PARTICIPANT AND THAT VELA ADVENTURES MAKES NO GUARANTEE AS TO THE CONDITION OF THESE THIRD PARTY ACTIVITIES, PRODUCTS, OR SERVICES. PARTICIPANT ACKNOWLEDGES AND AGREES TO RELEASE AND HOLD HARMLESS VELA ADVENTURES FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY PARTICIPANT FROM THE USE OF A THIRD PARTY ACTIVITIES, PRODUCTS, OR SERVICES. THE ONLY REMEDY FOR ANY DAMAGES SUFFERED FROM A THIRD PARTY IS THROUGH THAT THIRD PARTY WHICH OFFERS THE ACTIVITY, PRODUCT, OR SERVICE.
  10. Limitation on Liability. VELA ADVENTURES’ LIABILITY TO PARTICIPANT FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ANY AMOUNT PAID TO VELA ADVENTURES FOR THE VELA ADVENTURESACTIVITY IN WHICH THE ACTION RESULTING IN THE LIABILITY OCCURRED, BUT IN NO CASE WILL VELA ADVENTURES’ LIABILTY TO PARTICIPANT EXCEED $50.00. PARTICIPANT ACKNOWLEDGES THAT IF NO FEES ARE PAID TO VELA ADVENTURES, PARTICIPANT SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM VELA ADVENTURES, REGARDLESS OF THE CAUSE OF ACTION.
  11. Fees. Participant agrees to pay all fees associated with the any activity that is part of an Activity Participant participates in unless otherwise stated. For example, if an Activity includes lunch and non-alcoholic drinks, Participant agrees that Participant will pay for any appetizers or alcoholic drinks ordered.
  12. Compliance with Laws. Participant shall observe and comply with all present and future laws, ordinances, orders, rules, and regulations of all governmental units or other agencies, departments, authorities, boards, or commission having jurisdiction over or related to any Activity, including the United States Forest Service, Colorado Parks and Wildlife division, and Denver Parks and Recreation division.
  13. Insurance. Participant shall carry all insurance necessary (including automobile insurance, health insurance, and liability insurance if warranted) relative to any Activity in which Participant participates. Participant agrees and acknowledges that Vela Adventures only organizes and/or sponsors activities and that Participant is responsible for all insurance necessary to participate in any Activity.
  14. Legal Liability. Participant agrees and acknowledges that Participant is responsible for any legal liabilities resulting from any participation in any Activity. Participant agrees to pay for all attorney fees and costs and to indemnify Activity for all legal fees and costs should any action of Participant result in any legal actions by any individual or entity against Participant and/or Vela Adventures resulting from Participant’s participation in any Activity.
  15. Indemnification. Participant shall indemnify, defend, and hold Vela Adventures, its owners, employees, officers, agents, affiliates, and representatives harmless from and against all liability, demands, damages, losses, and expenses (including attorney fees), for death, personal injury, illness, property damage, noncompliance with applicable laws and any other claim, proceeding, demand, expense and liability of any kind whatsoever in connection with or arising out of Participant’s participation in any Activity.
  16. Transportation. Participant agrees and acknowledges that Vela Adventures will only provide transportation to or from any Activity if specifically stated. Participant agrees and acknowledges to hold Vela Adventures harmless for any injury, whether physical or financial, resulting from transportation to or from any Activity unless such injury is due to the gross negligence of Vela Adventures.
  17. Pets. Participant agrees and acknowledges that only certified service animals are allowed at Activities. Participant acknowledges that even certified service animals may not be allowed at all Activities. Participant will clean up after any certified service animals brought to an Activity.
  18. Weapons/Fighting. Participant agrees and acknowledges that Participant may be banned from any Activity for fighting with any other participants at Vela Adventures’ discretion. Participant agrees and acknowledges that Participant will not bring any weapons, including firearms, to any Activity.
  19. Termination. Vela Adventures may terminate this Agreement at any time. Without limiting the foregoing, Vela Adventures shall have the right to immediately terminate Participant’s right to participate in any Activity in the event of any conduct by that person that Vela Adventures, in its sole discretion, considers to be unacceptable, or in the event of any breach by Participant of this Agreement.
  20. Waiver. No action taken pursuant to this Agreement shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
  21. Severability. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
  22. Governing Law; Venue and Jurisdiction. By participating in any Activity, Participant agrees that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between Participant and Vela Adventures or any of Vela Adventures’ affiliates. Participant agrees not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado, and Participant hereby consents to, and waives all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado located in Denver County, Colorado.
  23. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree that the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, shall be reimbursed by the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.
  24. Delays. Vela Adventures has no responsibility or liability to you or any other person for any delay in performance of the Vela Adventures Activity, regardless of the reason, or for any resulting consequences, physical and/or financial unless otherwise agreed to in writing. Vela Adventure has no responsibility for interruptions to the Vela Adventures Activity, or any consequences of, physical or financial, whether due to strike, riot, flood, fire, terrorism, act of God, or any other cause beyond Vela Adventures’ control.
  25. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.