Terms of Service

BRECKENRIDGE GHOST GUIDES

TERMS & CONDITIONS, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

By purchasing a ticket, making a reservation, electronically accepting these Terms & Conditions, and/or participating in a tour operated by Breckenridge Ghost Guides (“BGG,” “Company,” “we,” “us,” or “our”), the purchaser and each participating guest (“Participant”) acknowledge and agree to the following terms.  The Purchaser has the responsibility to inform each guest of these associated terms, conditions, assumption of risk, release of liability, and indemnification agreement.

1. NATURE OF THE ACTIVITY

Breckenridge Ghost Guides provides guided walking tours in and around Breckenridge, Colorado. Tours may include historical storytelling, folklore, ghost stories, entertainment, and visits to or travel near historically significant locations.

Tours are primarily conducted outdoors and may travel across or alongside public sidewalks, streets, alleys, pedestrian areas, parks, trails, pathways, stairs, bridges, plazas, parking areas, and other public or privately owned property.

Breckenridge Ghost Guides does not own, operate, maintain, or control most of the property over which its tours travel.

Participants acknowledge that BGG cannot control or guarantee the condition, maintenance, lighting, snow removal, ice removal, construction, traffic, accessibility, or safety of public streets, sidewalks, pathways, buildings, parks, or other property owned or controlled by third parties.

2. ASSUMPTION OF RISK

Participant understands that a walking tour involves inherent and other risks that may result in property damage, bodily injury, serious injury, or, in extreme circumstances, death.

Such risks include, but are not limited to:

  • Uneven, cracked, damaged, wet, icy, snowy, or slippery sidewalks and walking surfaces;
  • Curbs, stairs, steps, potholes, drainage areas, rocks, landscaping, construction zones, and other obstacles;
  • Snow, ice, rain, wind, lightning, cold temperatures, heat, and rapidly changing mountain weather;
  • Darkness and reduced visibility during evening tours;
  • Vehicle, bicycle, pedestrian, and other traffic;
  • Crossing public streets and intersections;
  • High-altitude conditions and physical exertion associated with walking at elevation;
  • Actions or negligence of other tour participants, pedestrians, motorists, businesses, property owners, governmental entities, or other third parties;
  • Animals, wildlife, insects, or environmental conditions;
  • Conditions of buildings, sidewalks, streets, trails, parks, and other property not owned or controlled by BGG; and
  • Other risks ordinarily associated with walking outdoors in a mountain community.

PARTICIPANT KNOWINGLY AND VOLUNTARILY ASSUMES ALL INHERENT AND ORDINARY RISKS ASSOCIATED WITH PARTICIPATION IN THE TOUR, INCLUDING RISKS ARISING FROM CONDITIONS OF PUBLIC OR THIRD-PARTY PROPERTY THAT BGG DOES NOT OWN OR CONTROL.

Participants are responsible for watching where they are walking and determining whether they are physically capable of safely participating in the tour.

3. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, PARTICIPANT KNOWINGLY AND VOLUNTARILY RELEASES AND DISCHARGES BRECKENRIDGE GHOST GUIDES AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, TOUR GUIDES, CONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO PARTICIPANT’S PARTICIPATION IN A TOUR, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, TO THE EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED UNDER COLORADO LAW.

This release specifically includes, without limitation, injuries resulting from:

  • Slips, trips, or falls;
  • Snow or ice;
  • Defective or uneven sidewalks, streets, stairs, paths, or walking surfaces;
  • Poor lighting or nighttime conditions;
  • Weather conditions;
  • Road, vehicle, bicycle, or pedestrian traffic;
  • Construction or maintenance activities;
  • Conditions existing on public property;
  • Conditions existing on property owned, maintained, or controlled by third parties; and
  • Other hazards encountered while traveling to, from, or between tour locations.

Participant understands that BGG generally has no ownership or control over public streets, sidewalks, parks, plazas, pathways, or other public property used during a tour and cannot guarantee their condition or safety.

NOTHING IN THIS AGREEMENT IS INTENDED TO RELEASE OR WAIVE LIABILITY THAT CANNOT LAWFULLY BE RELEASED OR WAIVED UNDER COLORADO LAW, INCLUDING LIABILITY FOR WILLFUL AND WANTON MISCONDUCT TO THE EXTENT SUCH LIABILITY CANNOT BE WAIVED.

4. INDEMNIFICATION AND HOLD HARMLESS

To the fullest extent permitted by applicable law, Participant agrees to indemnify, defend, and hold harmless the Released Parties from third-party claims, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising from Participant’s own acts or omissions during a tour, including:

  1. Participant’s failure to follow reasonable safety instructions provided by a tour guide;
  2. Participant’s intentional, reckless, or unlawful conduct;
  3. Damage caused by Participant to property belonging to another person or entity; or
  4. Injury or damage caused by Participant to another tour participant or third party.

This indemnification provision is not intended to require Participant to indemnify a Released Party for liability that cannot lawfully be shifted to Participant under Colorado law.

5. PUBLIC AND THIRD-PARTY PROPERTY

Participant acknowledges that tours take place primarily on property that is not owned or controlled by Breckenridge Ghost Guides.

BGG makes no representation or warranty concerning the safety, condition, maintenance, accessibility, snow removal, ice removal, lighting, traffic control, construction, repair, or other condition of public or third-party property.

The inclusion of a particular street, sidewalk, building, business, historical site, park, pathway, or other location on a tour does not mean that BGG owns, controls, maintains, endorses, or is affiliated with that property or its owner.

Participants must exercise ordinary care and remain alert to changing walking conditions throughout the tour.

6. PARTICIPANT RESPONSIBILITY

Each Participant is responsible for:

  • Wearing footwear appropriate for walking and current weather conditions;
  • Wearing appropriate clothing for mountain weather;
  • Remaining aware of sidewalks, curbs, stairs, vehicles, bicycles, pedestrians, and other hazards;
  • Following traffic signals and applicable laws;
  • Following reasonable instructions provided by the tour guide;
  • Remaining with the group when reasonably possible;
  • Determining whether the Participant is physically capable of completing the tour; and
  • Advising the guide if the Participant chooses to discontinue participation.

A tour guide may modify a route, bypass a location, delay a tour, or terminate participation when the guide reasonably determines that doing so is appropriate for safety or operational reasons.

7. HIGH ALTITUDE AND WEATHER

Breckenridge is located at approximately 9,600 feet above sea level.

Participants acknowledge that physical activity at high altitude may be more strenuous than similar activity at lower elevations.

Weather conditions in the Colorado mountains may change rapidly. Tours may operate during cold, snow, light rain, wind, and other ordinary mountain weather conditions.

Participant accepts responsibility for determining whether current weather and environmental conditions are appropriate for Participant’s participation.

BGG may delay, modify, relocate, shorten, or cancel a tour when conditions are reasonably determined to be unsafe.

8. ALCOHOL AND IMPAIRMENT

Participants are responsible for their own conduct and level of impairment.

BGG reserves the right to refuse participation or remove a Participant from a tour when a guide reasonably believes the Participant is intoxicated, impaired, disruptive, threatening, unsafe, or interfering with the experience or safety of others.

No refund is required when a Participant is removed for such conduct.

9. MINORS

A parent or legal guardian must accept this Agreement on behalf of any minor Participant to the extent permitted by Colorado law.

By electronically accepting this Agreement for a minor, the adult represents that the adult is the minor’s parent or legal guardian or otherwise has lawful authority to provide the required consent.

The parent or guardian remains responsible for supervising the minor throughout the tour.

Nothing in this Agreement is intended to waive rights belonging to a minor that cannot legally be waived under Colorado law.

10. PERSONAL PROPERTY

Participants are responsible for their own phones, cameras, clothing, bags, equipment, and other personal property.

BGG is not responsible for personal property that is lost, stolen, misplaced, or damaged during a tour except to the extent liability cannot lawfully be excluded.

11. TOUR CONTENT AND ENTERTAINMENT

Breckenridge Ghost Guides tours combine historical information with local legends, folklore, reported paranormal experiences, storytelling, and entertainment.

Not every story presented during a tour should be understood as a representation of independently verified historical fact.

BGG does not guarantee that Participants will witness, encounter, photograph, record, communicate with, or otherwise experience paranormal activity.

Ghost sightings are apparently subject to the ghosts’ availability and cannot be guaranteed.

12. TOUR ROUTES AND SCHEDULES

BGG reserves the right to alter tour routes, stops, guides, schedules, starting locations, or content because of weather, construction, special events, road closures, crowd conditions, safety concerns, private events, governmental restrictions, or other circumstances.

No particular building, property, stop, story, or route is guaranteed.

13. CANCELLATION AND REFUND POLICY

Unless otherwise stated during the booking process, tickets are subject to the cancellation, rescheduling, and refund policy displayed at the time of purchase.

BGG may cancel a tour because of severe weather, unsafe conditions, insufficient participation, guide availability, governmental restrictions, emergencies, or other circumstances reasonably outside BGG’s control.

When BGG cancels a tour, Participants may be offered rescheduling, account credit, or a refund according to the policy applicable to the reservation.

14. PHOTOGRAPHY AND RECORDING

Participants may take photographs and personal video recordings during the tour unless otherwise instructed by the guide or prohibited by a property owner, business, law, or posted restriction.

Participants may not commercially reproduce, record, distribute, livestream, publish, or otherwise exploit substantial portions of BGG’s proprietary tour presentation, scripts, narration, or other original content without prior written permission.

15. PARTICIPANT CONDUCT

BGG reserves the right to refuse or discontinue service to a Participant whose behavior is threatening, abusive, discriminatory, harassing, dangerous, excessively disruptive, unlawful, or substantially interferes with the tour.

Participants must respect residents, businesses, property owners, other pedestrians, other tour participants, and the community.

Trespassing is prohibited.

A ghost tour ticket is not permission to enter private property.

16. EMERGENCY MEDICAL ASSISTANCE

If Participant becomes injured or ill during a tour, Participant authorizes BGG personnel to contact emergency medical services when reasonably believed necessary.

Participant is responsible for medical, ambulance, transportation, hospital, or other expenses incurred on Participant’s behalf.

BGG personnel are not medical professionals and make no representation concerning their ability to provide medical care.

17. GOVERNING LAW AND VENUE

This Agreement shall be governed by and interpreted under the laws of the State of Colorado, without regard to conflict-of-law principles.

To the extent permitted by law, any legal action arising from or relating to this Agreement or participation in a BGG tour shall be brought in a court of competent jurisdiction located in Summit County, Colorado.

18. SEVERABILITY

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions shall remain in effect to the fullest extent permitted by law.

19. ENTIRE AGREEMENT

This Agreement constitutes the agreement between Participant and BGG concerning the matters addressed herein and supersedes prior representations concerning those matters, except for additional written terms expressly incorporated into the Participant’s reservation.

ELECTRONIC ACKNOWLEDGMENT AND ACCEPTANCE

PLEASE READ BEFORE ACCEPTING.

By checking the acceptance box and completing the reservation, I acknowledge and agree that:

  • I have read and understand these Terms & Conditions;
  • I understand that participating in a walking tour involves risks of injury;
  • I understand that the tour takes place largely on public and third-party property that Breckenridge Ghost Guides does not own or control;
  • I voluntarily assume the inherent and ordinary risks associated with participating in the tour;
  • I understand that this Agreement contains a RELEASE AND WAIVER OF CERTAIN LEGAL CLAIMS, INCLUDING CERTAIN CLAIMS BASED UPON THE ORDINARY NEGLIGENCE OF BRECKENRIDGE GHOST GUIDES AND THE OTHER RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW;
  • I agree to the indemnification obligations stated in this Agreement;
  • I am voluntarily entering into this Agreement;
  • I am at least eighteen (18) years old or am accepting this Agreement as the parent or legal guardian of a participating minor; and
  • I agree that my electronic acceptance constitutes my signature and agreement to these Terms & Conditions.

Breckenridge Ghost Guides
Breckenridge, Colorado

Effective Date: August 12, 2026
Last Updated: August 12, 2026