Tickets: Each ticket that you purchase for Seven Falls (“Park”), including digital tickets delivered through email, SMS text message or other digital media, is a revocable license to participate in a scheduled visit to Seven Falls (“Visit”) and is subject to this Agreement.
Purchase/Payment: The Service currently accepts various credit cards, debit cards, gift cards and we may choose to accept other digital methods of payment if listed on our Service (each, a “Payment Method”). Ticket purchases must be paid in full at the time of purchase. If you decide to purchase merchandise, you agree to pay, in addition to the price for the tickets or other items, other taxes, fees and charges that we may require, all of which will be disclosed to you at the time of purchase. Ticket refunds, changes, or rain checks are based on inclement weather and are only approved when the park is closed by Management. Seven Falls may in limited circumstances need to cancel and refund tickets for reasons as described in this Agreement, including, but not limited to, inclement weather, if your Payment Method provider does not remit payment, if we suspect fraudulent or other illegal activity, or your breach of this Agreement). Once purchased by a customer, tickets may not be resold or otherwise transferred to a third party. Any third-party transfers or resales will not be honored, and the original tickets will be considered void.
Unforeseen Events: The holder bears all risks of inclement weather or Force Majeure events. Force Majeure events include, without limitation, fire, accident, acts of God, severe weather conditions, power outages, telecommunication interruption, strikes or labor disputes, war or other violence, pandemics or other widespread illness, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency. Although we make every effort to remain on schedule, trip times are subject to change due to weather or other reasons.
Delivery: If you purchase tickets on our Service, your tickets will be delivered to you via email to the email provided. Seven Falls is not responsible for failure of delivery, or any losses incurred as a result of a purchaser’s failure to provide an accurate email address. If you have not received your tickets 3 days before your scheduled Visit, please contact us as described below.
Order Confirmation: Seven Falls will send a confirmation and summary of your purchase to the email address you provided to our Service. If you do not receive a confirmation from us, if you receive an error message, or if you discover an error in the information provided, contact us immediately as described below. Seven Falls is not responsible for transactions that were not completed or for assumptions that a transaction was completed even though you did not receive a confirmation.
Notifications: By purchasing a ticket for a Visit and providing us with your mobile phone number or email address, you consent to us sending you updates related to your scheduled Visit, including without limitation weather concerns, parking concerns, or other timely notifications, however, Seven Falls does not have any obligation to send any such notifications, and will not be liable for any failure to do so.
Parking: All visitors to Seven Falls must park at 1045 Lower Gold Camp Rd, Colorado Springs (The Norris Penrose Event Center). From there, complementary shuttle service transports all visitors to the park entrance. Parking is not covered, and Seven Falls is not liable for any damage that may occur to your vehicle while you are parked at Norris Penrose Event Center resulting from severe or inclement weather, including but not limited to: hail, wind, snow or ice. Similarly, we are not liable and cannot be held responsible for damage to your vehicle from the actions of drivers or others in the parking lot or otherwise in connection with your visit to Seven Falls. Our parking lot is not secure and we are not responsible for theft of any valuables you choose to leave in your vehicle.
COVID-19. There are certain risks inherent in attending any activity in which other people are present, including the risk of being exposed to COVID-19 or other illness. By visiting Seven Falls you voluntarily assume all risks and danger related to exposure to COVID-19, and all other risks incidental to the Visit for which the ticket is issued, whether occurring before, during or after the Visit, and you waive any claims for personal injury or death against Seven Falls, its parent company, affiliates, shareholders, and all of their respective officers, directors, owners, consultants, employees and other representatives (collectively, the “Releasees”). You agree to comply with any measures we may impose in our efforts to prevent transmission of illness, such as requirements to wear masks, or other instructions we may provide at the time of your Visit.
Weather. Weather in Colorado is unpredictable and can change rapidly. We do not issue refunds due to weather. Rain checks, refunds, or ticket changes are based on inclement weather and are only approved when the Park is closed by Management. Refunds will be issued to the method of payment used for the original ticket purchase. If cash was used for a purchase (e.g. at the Seven Falls park entrance), please come back to the ticket office and the refund will be issued in cash.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NONE OF THE RELEASEES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR, AND YOU EXPRESSLY WAIVE ALL RIGHTS TO SEEK, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, TRANSACTIONS MADE THROUGH THE SERVICES, MATERIALS CONTAINED ON THE SERVICES, ANY ASPECT OF THE VISIT, ANY TRANSPORTATION TO/FROM THE PARK, OR ANY INJURY, LOSS OR DAMAGE OCCURRING ANYWHERE IN THE PARK (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE).THE MAXIMUM LIABILITY OF SEVEN FALLS, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES AND LOSSES SUFFERED BY YOU, SHALL BE $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release; Sole Remedy: You hereby voluntarily and knowingly agree, to the maximum extent permitted by applicable law, to waive, release, and forfeit any and all claims and actions you have or may have against the Releasees and any associated losses, damages and expenses (including attorneys’ fees), that relate to, arise out of, or may arise out of the operation of Seven Falls, your inability to participate in a Visit during the time period for which it was purchased, or a violation of this Agreement or any of the other terms or policies referenced herein. Refunds under this Agreement are your sole remedy against any of the Releasees in connection with the operation of Seven Falls, any delays, malfunctions, illness, other harms, or your inability to use your ticket during the time period for which it was purchased.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Proper Conduct: All participants must conduct themselves properly while on the Seven Falls property, during the Visit, and at all times in connection with the Visit. Seven Falls has the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct we deem disorderly or improper, who uses inappropriate, vulgar or abusive language, who appear under the influence of alcohol or drugs or who otherwise violates this Agreement.
Dress Appropriately: Please wear comfortable and sturdy walking shoes suitable for walking on a rocky surface, potentially with snow and ice. High heels are strongly discouraged.
No Weapons or Smoking: It is expressly forbidden to bring firearms, knives or ANY weapon to the park. Smoking and e-cigarettes are not allowed on the shuttles or elsewhere on our property.
Accessibility: The in-park tram is handicapped accessible. Please note, however, that the tram is unable to reach the base of the falls. There is an approximate 100-yard transition from the drop off point to the base of the falls. Additionally, it is approximately a 30-yard transition from the tram drop off point to the Mountain Elevator. There is an elevator available to the Eagle’s Nest viewing platform with beautiful panoramic views of the falls.
Food/Drinks/Other: Outside food and drinks, except water, are not allowed on the Seven Falls premises or on the shuttles.
Recording/Photography: Your ticket purchase and/or participation in any Visit grants Seven Falls permission to use your image in its promotional materials. You may use any images or recordings you take during your Visit or on the Seven Falls premises only for your personal, non-commercial use, unless you have entered into a written commercial use agreement signed by an authorized representative of Seven Falls. If you upload any images or recordings of Seven Falls, your Visit, or our premises, to social media and you tag Seven Falls, we reserve the right to use such images or recordings on our Service or in our social media accounts, and you hereby grant permission to Seven Falls to use your name, image, likeness, on our Service or in our social media accounts without further authorization from, notice or compensation to, you or anyone acting on your behalf, including for promotional or other purposes.
Search/No Expectation of Privacy: You and your belongings may be searched on entry to or during your Visit. You consent to such searches and waive any related claims that may arise from such a search. If you elect not to consent to such searches, you may be denied entry to the park without refund or other compensation. You agree that the Visit for which you purchase tickets is a public event, that your appearance and actions during the Visit and while on the Seven Falls grounds are public in nature, and that you have no expectation of privacy with regard to your actions or conduct thereon. We may have surveillance cameras posted on the Seven Falls property and within our shuttles.
Promotion Restrictions: Tickets may not be used for any advertising or promotion purposes, or used as a contest, sweepstakes, or other prize without the prior written permission of Seven Falls.
Contact Information: If you have any questions regarding this Agreement, please contact us at:
The Broadmoor Seven Falls
1 Lake Avenue
Colorado Springs, CO 80906
By email: email@example.com
By Phone: 855-923-7272