Mighty Argo

AERIAL GONDOLA LIABILITY WAIVER AND RELEASE OF CLAIMS — State of Colorado

ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT
READ CAREFULLY BEFORE PURCHASING TICKET AND RIDING

By purchasing a ticket and/or riding the Mighty ARGO Cable Car Aerial Gondola ("Gondola"), I acknowledge and agree to the following:

ACKNOWLEDGMENT OF RISKS

I UNDERSTAND AND ACKNOWLEDGE THAT RIDING AN AERIAL GONDOLA AND VISITING AND USING MOUNTAIN TERRAIN INVOLVES INHERENT AND SIGNIFICANT RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO:

• Mechanical failure or malfunction of the Gondola equipment, cables, towers, cabins, or related systems
• Sudden stops, starts, swaying, or emergency evacuations from the Gondola
• High altitude effects including altitude sickness, difficulty breathing, dizziness, and nausea
• Extreme and rapidly changing weather conditions including high winds, lightning, rain, snow, ice, and extreme temperatures
• Slipping, tripping, and falling while boarding, riding, or disembarking the Gondola
• Risks associated with mountain terrain including steep slopes, uneven surfaces, cliffs, rocks, avalanches, rockfall, and unstable ground
• Wildlife encounters including bears, mountain lions, elk, and other animals
• Exposure to natural elements and environmental hazards
• Collisions with other guests, equipment, structures, or natural features
• Inadequate rescue or medical services due to remote location
• Acts or omissions of other guests or third parties
• Trails with variable conditions created and/or maintained by third-parties
• My own actions, inactions, or decision-making

I FURTHER UNDERSTAND AND ACKNOWLEDGE THAT USE OF THE GONDOLA IS SOLELY FOR TRANSPORT PURPOSES AND ANY ACTIONS TAKEN AFTER DISEMBARKING THE GONDOLA ARE SOLELY AT MY OWN DISCRETION. I FURTHER UNDERSTAND AND ACKNOWLEDGE THAT MUCH OF THE MOUNTAIN TERRAIN AND ASSOCIATED BIKING TRAILS NEAR OR ADJACENT TO THE GONDOLA IS OWNED BY THE CITY OF IDAHO SPRINGS, COLORADO AND THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE RISKS, DANGERS, AND HAZARDS ON THE TRAILS AND PROPERTY OWNED BY THE CITY OF IDAHO SPRINGS, COLORADO. I UNDERSTAND AND ACKNOWLEDGE SUCH TRAILS AND PROPERTY WILL HAVE ADDITIONAL RISK, DANGERS, AND HAZARDS OUTSIDE OF THOSE LISTED HEREIN.

VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK

I voluntarily choose to purchase a ticket and ride the Gondola with full knowledge of the inherent risks and dangers involved. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS, INCLUDING RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, ASSOCIATED WITH RIDING THE GONDOLA AND VISITING/USING THE MOUNTAIN TERRAIN, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES (DEFINED BELOW).

RELEASE AND WAIVER OF LIABILITY

In consideration for being permitted to purchase a ticket and ride the Gondola, I, for myself and on behalf of my heirs, assigns, personal representatives, next of kin, spouse, and estate (collectively "Releasing Parties"), hereby FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Miners Point Ventures, LLC, Argo Holdings LLC, and each of their respective owners, parent companies, subsidiaries, affiliates, partners, officers, directors, shareholders, members, managers, employees, agents, contractors, volunteers, insurers, and all other persons or entities acting on their behalf (collectively "Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, death, or harm to me, my property, or any other Releasing Party, including but not limited to claims based on:

• Negligence or other fault of the Released Parties
• Defective or inadequate equipment, facilities, or maintenance
• Failure to warn of dangerous conditions
• Strict liability or breach of warranty
• Acts of God, weather, natural disasters, or force majeure events
• Actions or omissions of other guests or third parties
• My own actions, inactions, negligence, or violation of rules

This release applies to claims arising before, during, or after my use of the Gondola, mountain terrain and mountain facilities, including but not limited to any use of the mountain bike trails or terrain in Virginia Canyon Mountain Park owned by the City of Idaho Springs, Colorado. I covenant not to make or bring any such claim against the Released Parties and forever release and discharge the Released Parties from any and all liability under such claims.

INDEMNIFICATION AND HOLD HARMLESS

I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from:

• My use of the Gondola, mountain terrain, and mountain facilities
• My violation of any rules, regulations, or posted warnings
• My own negligence, recklessness, or intentional misconduct
• Any injury or damage I may cause to other persons or property
• Any claims brought by or on behalf of any Releasing Party

MEDICAL AND PHYSICAL CONDITION

I certify that I am physically and mentally capable of riding the Gondola, visiting high-altitude mountain terrain and using the mountain facilities and associated trails. I have no medical conditions, injuries, or disabilities that would increase my risk or endanger myself or others, or I have consulted with a physician and received clearance to ride the Gondola and visit high-altitude mountain terrain. I understand that medical services may be limited, delayed, or unavailable due to the remote location.

If I am injured or require medical attention while riding the Gondola and visiting the mountain terrain and medical services are available, I hereby consent to receive medical treatment deemed necessary. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Released Parties from any claim based on such treatment or other medical services.

RULES AND REGULATIONS

I agree to obey all posted rules, warnings, and instructions from Gondola staff. I understand that violation of rules may result in immediate removal from the Gondola without refund and may increase my risk of injury.

FORCE MAJEURE

I acknowledge that the Released Parties shall not be liable for any failure to provide services or any injury, loss, or damage resulting from acts of God, weather conditions, natural disasters, power failures, equipment malfunctions, strikes, governmental actions, terrorism, pandemics, or any other events beyond the Released Parties' reasonable control.

TICKET TERMS

I understand the ticket is non-transferable and only refundable per the Gondola refund policy in the Terms of Service found at: mightyargo.com/tos.

• Gondola operations may be suspended or closed at any time for weather, mechanical issues, or safety concerns without refund
• I may be refused boarding for safety reasons, intoxication, or rule violations without refund
• Tickets grant permission to ride the Gondola only and do not guarantee access to any particular areas or activities

PHOTOGRAPHY AND LIKENESS

I grant the Released Parties the right to use my image, likeness, and voice captured during my visit for promotional, marketing, or operational purposes without compensation.

SEVERABILITY

If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of Colorado. Any disputes shall be resolved exclusively in the courts of Denver County, Colorado.

ACKNOWLEDGMENT OF UNDERSTANDING

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES. I SIGN THIS AGREEMENT VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.

FOR MINORS (Under 18 Years)

I am the parent or legal guardian of the minor(s) named below. I have the legal authority to consent to this Agreement on behalf of the minor(s). By my acknowledgement, I agree to all terms of this Agreement on behalf of the minor(s). I understand that I am giving up substantial legal rights on behalf of the minor(s), including the right to sue the Released Parties for the minor's injuries or death.