Online Registration Policies, Terms and Conditions

Boulder Parks and Recreation Department

Online Agreements

General Agreements – All Participants

Read this! The following are important terms and conditions that govern your City of Boulder recreation activities. These terms include the release and waiver of important rights. It is recommended that you read this online agreement before signing!

Release, Waiver and Conditions of Use Agreement

I, on behalf of myself and all persons under age 18 for whom I serve as parent, primary caregiver, or legal guardian (myself and my children, hereafter collectively, “I,” “My,” or “Myself”), agree as follows:

Scope

My participation in City of Boulder (the “City”) recreation programs, athletics and activities (collectively, “Activities”), as well as My use of City of Boulder recreational equipment and recreation facilities (collectively, “Facilities”) is governed by, and subject to, the terms and conditions of this Release, Waiver and Conditions of Use Agreement (this “Agreement”).

Conditions of My Participation

As a condition of My participation in Activities and use of Facilities, I agree to:

• Follow all rules, policies and instructions of the City, its staff members and any person(s) overseeing, coaching or leading Activities and Facilities;
• Adhere to the Parks and Recreation Rules, Regulations and Suspension Policy, as such policy may be updated from time to time;
• Read and follow all the instructions provided in writing or verbally by a staff member;
• Pay for any damage I cause to Facilities within 30 days of the invoice; and
• Participate in Activities and use Facilities in a safe and responsible manner.

I understand and agree that my participation in Activities and Facilities may be suspended or terminated if I fail to follow these Conditions of My Participation.

Acceptance of Dangers & Risks

I accept and assume all risks, whether known or unknown, associated with My participation in Activities and use of Facilities. These risks include, but are not limited to, the risk of serious physical or emotional injury, infection with disease or viruses, paralysis, death or damage to Myself or any third party. Common risks include, but are not limited to: falling down, tripping, bumping; back, bone, joint, head, neck, muscle or spinal injuries or strains; cuts; scrapes; choking; allergies or allergic reactions; heat stroke, heat exhaustion or other exertion-related medical events; sunburn or other injuries; and/or any damage or loss sustained to Myself or any of My personal property.

Release and Waiver

I, on behalf of myself and my family, waive and relinquish all claims I may have as a result of my participation Activities and use of Facilities against the City and its City Council members, officers, employees, volunteers and agents.

Agreement to Indemnify City

I agree to indemnify, defend and hold harmless the City against any claims already made and claims that may be made in the future that arise from, and are directly related to any harm caused by me while I participate in Activities or use Facilities.

Property

I am solely responsible for the safeguarding of My property and possessions while I participate in Activities or use Facilities.

Advance Authorization to Receive Medical Care

In the event of an emergency that entails Me becoming unconscious, unresponsive or otherwise unable to consent to care, I authorize City officials to secure ambulance transport and provide resuscitation (CPR), defibrillation, and such other care or treatment as staff onsite may determine is necessary. To the extent legally permissible, I accept the risks of such care. I agree that I will be solely responsible for payment of any ambulance ride or other incidental or medical costs incurred.

Photo and Video Release

By participating in Activities and using the Facilities, I understand and agree that the City may take photographs, videos, audio or other recordings of Me and/or My child(ren) during such participation or use.

I give the City permission to use these images and recordings for any lawful purpose related to the City’s Activities or Facilities, including publicity, marketing and education. This may include use in printed materials, displays, websites, social media, broadcasts and other media—now or in the future.

I understand that I will not receive any payment for the use of these images or recordings, and I waive any right to review or approve them before they are used. I release and discharge the City, its employees, agents and contractors from any claims or demands related to this use, including claims for invasion of privacy or infringement of publicity rights.

Sharing of Personal & Other Information

I consent to the sharing of the personal and other information I provide to the City, including information shared through its third-party software providers that I use for My participation in Activities and use of Facilities, as the City reasonably determines is necessary or prudent for facilitating My participation or carrying out the City’s recreational services. This consent includes, but is not limited to, the sharing of My personal or other information with the following persons and entities:

• Third-party providers, contractors and activity leaders who support or contract with the City’s Parks and Recreation Department to facilitate, lead or support programming, Activities or use of Facilities;
• Banks, payment processors and other financial entities to facilitate transactions;
• Parties conducting research or analyzing City programming, participation or recreation usage, provided such parties shall be contractors of the City or educational or nonprofit institutions;
• Medical, fire and police personnel;
• Any person (including any emergency contact) contained or identified in my Household Account; and,
• Any other person or entity as the City determines is necessary to fulfill its legal responsibilities or to comply with a court order, subpoena or government investigation.

Standard Administrative Terms - Incorporated

This Agreement, and my participation in Activities and use of the Facilities, is further governed by the City’s Standard Administrative Terms and Conditions available at City of Boulder Online Registration Policies, Terms & Conditions, which are hereby incorporated and made a part of this Agreement. I understand I should read those terms before signing below.

Participant Acceptance

By signing this Agreement, I represent that:

• I have carefully read this Agreement and understand it to be a release of all claims and causes of actions for My participation in Activities and use of Facilities, and I agree to be bound by its terms, releases, waivers, warranties and representations;
• I understand and agree that My signature evidences both agreement by Me, as an individual, and agreement by any persons under 18 years of age for whom I serve as parent, primary caregiver or legal guardian, giving such terms full legal force and effect as to them; and,
• I have authority to sign this Agreement and My signature below is proof of My intention to agree to a complete and unconditional waiver, release and indemnification of all liability to the full extent of the law.

Effective Date: Nov 3, 2025 | Version: 1.0 | Uploaded: Nov. 4, 2025

Housing and Human Services

Online Agreements

General Agreements – All Participants

Read this! The following are important terms and conditions that govern your City of Boulder Older Adult Services, programs and activities. These terms include the release and waiver of important rights. It is recommended that you read this Online Agreement before signing!

Release, Waiver and Conditions of Use Agreement

I, the below-signing individual (hereafter, “I,” “My,” or “Myself”), agree as follows:

1. Scope. My participation in City of Boulder (the “City”) Older Adult Services programming, groups, events and activities, including drop-in fitness, registered fitness, massage, reflexology, lifelong learning, day-long or overnight trips and any other programming offered by or through Older Adult Services or the City’s Health and Human Services or Parks and Recreation departments (collectively, “Activities”), as well as My use of the City of Boulder property, centers and facilities while participating in Older Adult Services (“Facilities”), is governed by, and subject to, the terms and conditions of this Release, Waiver and Conditions of Use Agreement (this “Agreement”).

2. Conditions of My Participation. As a condition of My participation in Activities and use of Facilities, I agree to:

   1. Follow all rules, policies and instructions of the City, its staff members and any person(s) overseeing, coaching or leading Activities and Facilities;
   2. The Older Adult Services Guidelines, as such guidelines may be updated from time to time;
   3. Adhere to the West and East Senior Center Rules, Regulations and Suspension Policy, the City’s conduct policy and, to the extent I use City Department of Recreation facilities, the Rules, Regulations and Suspension Policy, as such policies may be updated from time to time;
   4. Read and follow all written instructions;
   5. Pay for any damage I cause to Facilities within 30 days of the invoice; and
   6. Participate in Activities and use Facilities in a safe and responsible manner.

   I understand and agree that my participation in Activities and Facilities may be suspended or terminated if I fail to follow these Conditions of My Participation.

3. Acceptance of Dangers & Risks. I accept and assume all risks, whether known or unknown, associated with My participation in Activities and use of Facilities. These risks include, but are not limited to, the risk of serious physical or emotional injury, infection with disease or viruses, paralysis, death or damage to Myself or any third party. Common risks include, but are not limited to: falling down, tripping, bumping; back, bone, joint, head, neck, muscle or spinal injuries or strains; cuts; scrapes; choking; allergies or allergic reactions; exposure to disease or foodborne illnesses; heat stroke, heat exhaustion or other exertion-related medical events; sunburn or other injuries; risk of CPR, defibrillation or other care being administered to me, including in instances where such care is contrary to my instructions or wishes; and/or any damage or loss sustained to Myself or any of My personal property.

   In addition, I accept and assume the following Activity-specific risks and dangers:

   • Bicycling Activities. The risks of falling, colliding with vehicles or other cyclists, encountering road hazards such as potholes and cracks, crossing train tracks, bicycle malfunction or failures, and being chased or attacked by animals.
   • Internet and Computer Activities. The risks associated with using internet technology, such as social media, electronic mail or accessing the internet through computer devices, such as risks of loss or damage that arise from identity theft, malicious software, computer viruses, unsolicited email, theft of data, passwords or financial information, inappropriate content or fraud.

   I have considered the risks of participation and have chosen to participate in Activities and to use Facilities with full knowledge and acceptance of the risks.

4. Consultation with Medical Professionals. It is my responsibility to consult with a medical professional to ensure I am of sound mind and body to participate in my chosen Activities prior to My participation.
5. Release and Waiver. I, on behalf of myself and my family, heirs, executors and successors of any kind, waive and relinquish all claims I may have as a result of my participation in Activities and use of Facilities against the City and its City Council members, officers, employees, volunteers and agents.
6. Agreement to Indemnify City. I agree to indemnify, defend and hold harmless the City against any claims already made and claims that may be made in the future that arise from, and are directly related to, any harm caused by me while I participate in Activities or use Facilities.
7. Property. I am solely responsible for the safeguarding of My property and possessions while I participate in Activities or use Facilities.
8. Advance Authorization to Receive Medical Care. In the event of an emergency that entails Me becoming unconscious, unresponsive, or otherwise unable to consent to care, I authorize City officials to secure ambulance transport and provide resuscitation (CPR), defibrillation, and such other care or treatment as staff onsite may determine is necessary. To the extent legally permissible, I accept the risks of such care. I agree that I will be solely responsible for payment of any ambulance ride or other incidental or medical costs incurred.
9. Photo and Video Release. By participating in Activities and using the Facilities, I understand and agree that the City may take photographs, videos, audio or other recordings of Me and/or My child(ren) during such participation or use. I give the City permission to use these images and recordings for any lawful purpose related to the City’s Activities or Facilities, including publicity, marketing and education. This may include use in printed materials, displays, websites, social media, broadcasts and other media—now or in the future. I understand that I will not receive any payment for the use of these images or recordings, and I waive any right to review or approve them before they are used. I release and discharge the City, its employees, agents and contractors from any claims or demands related to this use, including claims for invasion of privacy or infringement of publicity rights.
10. Sharing of Personal & Other Information. I consent to the sharing of the personal and other information I provide to the City, including information shared through its third-party software providers that I use for My participation in Activities and use of Facilities, as the City reasonably determines is necessary or prudent. This consent includes, but is not limited to, the sharing of My personal or other information with the following persons and entities:
    1. Third-party providers, instructors, contractors, case managers and activity leaders who support or contract with the City’s Housing and Human Services Department and Parks and Recreation Department to facilitate, lead or support programming, Activities, or use of Facilities;
    2. Banks, payment processors and other financial entities to facilitate transactions;
    3. Parties conducting research or analyzing City programming, participation or recreation usage, provided such parties shall be contractors of the City or educational or nonprofit institutions;
    4. Medical, fire and police personnel;
    5. Any person (including any emergency contact) contained or identified in my Household Account; and,
    6. Any other person or entity as the City determines is necessary to fulfill its legal responsibilities or to comply with a court order, subpoena or government investigation.
11. Standard Administrative Terms - Incorporated. This Agreement, and my participation in Activities and use of the Facilities, is further governed by the City’s Standard Administrative Terms and Conditions available at City of Boulder Online Registration Policies, Terms & Conditions, which are hereby incorporated and made a part of this Agreement. I understand I should read those terms before signing below.

Participant Acceptance

By signing this Agreement, I represent that:

1. I have carefully read this Agreement and understand it to be a release of all claims and causes of actions for My participation in Activities and use of Facilities, and I agree to be bound by its terms, releases, waivers, warranties and representations;
2. I understand and agree that My signature evidences both agreement by Me, as an individual, and agreement by any persons under 18 years of age for whom I serve as parent, primary caregiver or legal guardian, giving such terms full legal force and effect as to them; and,
3. I have authority to sign this Agreement and My signature below is proof of My intention to agree to a complete and unconditional waiver, release and indemnification of all liability to the full extent of the law.

Participant Name (Printed)
Participant Date of Birth: ___/___/________
Signature:
Date:

Effective Date: Nov 3, 2025 | Version: 1.0 | Uploaded: Nov. 4, 2025

City of Boulder

Payment Processing and Terms of Sale

These Payment Processing and Terms of Sale (these “Payment Terms”) govern all payments for recreation memberships, programming, rentals, camps, events and activities (collectively, “Recreation Activities” and each, individually, a “Recreation Activity”) that are remitted by you (“You”) to the City of Boulder (“We,” “Us” or “Our”). By making a payment to Us for Recreation Activities, You acknowledge and agree to these Payment Terms.

Accepted Payment Methods

We accept the following forms of payment:

• Credit and Debit Cards:
  • Visa
  • MasterCard
  • Discover
  • American Express
• Mobile Payments (only on payment terminals, not online):
  • Apple Pay
  • Google Pay
• Cash (for in-person payments only)
• Checks (at our discretion, subject to verification)

All sales are final. Refunds are processed according to the Recreation Refund Policy.

Payment Authorization

By submitting a payment:

• You authorize Us or Our third-party payment processor to charge the designated payment method for the amount specified.
• For recurring services (e.g., memberships, subscriptions) for which You authorize recurring payments, You authorize automatic charges as scheduled, until cancelled according to our cancellation policies.

Third-Party Payment Processors

We utilize third-party payment processors to handle transactions. The primary payment processor for this webpage is Adyen, but additional or different processors may be utilized from time to time. Payment processors specialize in conducting secure payment transactions and may collect and store payment information subject to their own privacy and security policies. We are not liable for any errors, breaches or issues arising from these third-party systems.

Recurring Billing and Memberships

For memberships or other subscription-based services:

• Charges will occur automatically on the billing cycle selected (e.g., monthly, annually).
• It is Your responsibility to ensure valid and updated payment information.
• Failure to pay may result in suspension or termination of access to the Recreation Activities.

Recurring billing and memberships are subject to rate changes. Rate changes will only occur:

1. For memberships/subscriptions that renew automatically, with at least 30 days’ prior written notice to You and opportunity to cancel before such rate changes; or
2. For memberships/subscriptions that require Your affirmative action to renew (such as by submitting additional consents or forms), at the time of your next renewal, with opportunity to not renew.

Refunds and Disputes

Refunds may be issued in accordance with our Recreation Refund Policy. If a Recreation Activity has its own refund policy, that policy shall control refunds for that specific activity, but only where it conflicts with the Recreation Refund Policy. The Recreation Refund Policy shall otherwise control.

If a payment dispute arises:

• You must contact Us at the “Contact Information” below within 14 days of the disputed transaction.
• Unauthorized credit card charges must be reported promptly to avoid fraud liability.
• We reserve the right to investigate and resolve disputes at our sole discretion.

Credits on Accounts

Occasionally, We may issue credits to accounts. Credits must be used within 12 months of issuance. After 12 months, We may subject such credit accounts to an automatic, recurring charge of $5 per month until depleted.

Declined Payments, Failed Transactions and Chargebacks

• Declined payments or chargebacks may result in immediate suspension of access.
• A service fee of $25.00 will apply for declined or returned payments, chargebacks or insufficient funds.
• Repeated payment failures or chargebacks may result in account termination.

Pre-Authorization for Damages

For facilities and equipment rentals, in lieu of a deposit to serve as collateral for any damages Customer may cause, Customer hereby authorizes the City to charge an amount not to exceed $100 for any damages or harm Customer may cause to the facilities or equipment therein.

You acknowledge that you are responsible for any loss of, or damages to, the facilities and equipment you rent or use. This includes loss or damage caused by your guests, invitees or contractors. Accordingly, you hereby expressly authorize us to charge the credit card or payment method on file for the reasonable cost of any repair, replacement, excessive cleaning or other damage-related expenses, subject to the following terms:

1. The pre-authorized charges shall not exceed $100, as reasonably determined by us or as evidenced by actual replacement or correction costs, and shall in no event exceed the actual, reasonable costs of repair, replacement or cleaning.
2. If damages are identified, you may require that we provide an itemized statement describing the assessed damages and associated costs, including any photographs or evidence (if available).
3. Upon our provision of the itemized statement, you may file a written response to dispute the charge within 5 days.
4. If no response is filed, we may charge the card on file for the documented amount.
5. If a response is filed, it will be reviewed by designated leadership within the Department of Parks and Recreation or other relevant Department. If the designated leader concurs, we may charge the card on file for the documented amount.

Additional Remedies: Except to the extent the $100 charge reduces or eliminates your outstanding liability, this pre-authorized charge is in addition to, and not in lieu of, any other rights or remedies we may have, whether in contract or in law.

Security of Payment Information

We do not store full credit card information on our servers. All sensitive data is handled by PCI-compliant payment gateways to ensure rigorous transaction security.

Modifications to Terms

We reserve the right to update or modify these Payment Terms at any time. Changes will be posted on our website and become effective upon posting unless otherwise stated.

Contact Information

For questions related to payments or these Payment Terms, or to contest any payment, please contact:

Boulder Parks & Recreation
Website: boulderparks-rec.org
Email: parks-rec@bouldercolorado.gov
Phone: 303-413-7200
Address: 3198 Broadway, Boulder, CO 80304

Administrative Terms

The Standard Administrative Terms found at City of Boulder Online Registration Policies, Terms & Conditions are hereby incorporated into and made a part of these Payment Terms. Your processing of payment with Us is governed by the Standard Administrative Terms.

Effective Date: Nov 3, 2025 | Version: 1.0 | Uploaded: Nov. 4, 2025

Boulder Parks and Recreation Department

Recreation Cancellation & Refund Policy

The following policy applies to all memberships, program registrations, facility rentals, daily admissions and related transactions processed through the SmartRec by Amilia Registration Platform. By registering, booking or purchasing services, you agree to the following terms:

1. General Policy

All sales are final. Refunds are issued at the sole discretion of the Department and only in accordance with the terms in this Policy unless explicitly stated otherwise, in writing, for a specific membership, activity, program, workshop or camp. All refund amounts and credits are generally on a pro-rated basis.

2. Department Rights

The Boulder Parks and Recreation Department reserves the right to:

• Cancel, reschedule or combine courses
• Change instructors as needed to best provide service

If the Department cancels any activity, course, class or camp, a refund will be issued unless the guides or materials for such activity, course, class or camp indicate a limited number of cancellations are permitted. Cancellations most often occur due to weather or if minimum enrollment numbers are not met. For cancellations that occur due to weather, the Department may elect to reschedule the activity, course, class or camp, or issue a weather rain check instead of providing a cash refund. Courses may be combined based on course minimums. Instructors may change based on staff availability and scheduling, but will maintain certifications required for that activity.

3. Memberships

• No refunds will be issued for monthly, seasonal or annual membership fees or subscription fees once paid.
• Pro-rated refunds may be considered, at the Department’s discretion, only in the following cases:
  • Verified medical conditions that prevent participation in the recreation membership or activity.
  • Permanently relocating more than 15 miles from the City of Boulder.
• Refund requests must be submitted in writing with supporting documentation to the contact information listed in Section 10 below.
• Annual memberships may be paused for a minimum of 1 month and a maximum of 3 months over the course of a year. There is a one-time fee of $25 per pause.
• Monthly memberships may be cancelled at any time and repurchased if the member wishes to return. To prevent auto-billing, cancellations must be submitted at least 5 days before the next billing date.

4. Facility Daily Entry Pass & Punch Card Pass Refunds

• If unsatisfied for any reason, a refund may be requested (though its granting is not guaranteed).
• Refund amount: pro-rated purchase price minus a $25 processing fee. Daily entry passes priced below $25 are not eligible for refunds.
• Daily entry passes are non-transferable. Punch Card passes expire 2 years from their date of purchase.

5. Program Transfers

• Participants may transfer between programs of the same type or activity before the second class meeting if space is available. A $5 processing fee applies to all transfers, unless made the same day as registration.
• Any price difference between programs would apply.

6. Program Refunds

General Activities, Classes or Courses (excluding two-meeting workshops)

• For activities, classes or courses that take place on a single day: if the cost exceeds $25, a refund may be issued, less a $25 processing fee, at the discretion of Department staff.
• No refunds will be issued for programs costing $25 or less.
• For activities, classes or courses that meet two or more times:
  • If not satisfied for any reason, a pro-rated refund may be requested before the second class meeting.
  • No refunds will be issued after the second meeting.
  • Refund amount: pro-rated course fee minus a $25 processing fee per course.

Summer Day Camps

• Require a minimum of 15 days’ cancellation notice for any refund. No refund will be given otherwise, except as may be allowed by the Department.
• Withdrawals for sessions paid in full will be refunded as follows:
  • 80% refund if canceled more than 60 days prior to the session start date.
  • 50% refund if canceled 16–60 days prior to the session start date.
  • No refund if canceled 15 days or fewer prior to the session start date.

Medical/Injury Exceptions

• If illness, injury or lack of required skills prevents participation, a pro-rated refund for remaining sessions may be issued based on the request date.
• Documentation (e.g., doctor’s note) is required for illness or injury claims.

Except as may be allowed above, participants who fail to attend or participate after registering are not entitled to a refund.

Termination or Suspension of Access

No refund shall be permitted for individuals who have their participation or access suspended or terminated due to a violation of the Rules, Regulations and Suspension Policy | City of Boulder.

7. Facility Rental Cancellations & Changes

Administrative Processing Fee

A $25 administrative fee applies to all cancellations, reschedules or changes, unless otherwise specified. This fee helps offset staff time required to process refunds, modify reservations and update schedules.

Reducing time or removing a line item: Administrative fee per change (may be denied at staff discretion). Full cancellations: may result in loss of future priority.
Increasing time or adding days: Charged for additional time; no administrative fee.

7.1 General Facility Rentals (Shelters, Rooms and Indoor Spaces)

• 14+ days before rental: Full refund, minus administrative fee.
• 8–13 days before rental: 50% refund, minus administrative fee.
• 7 or fewer days before rental: No refund.

Note: Rentals that are part of a City-designated Special Event follow Special Event refund guidelines.

7.2 Boulder Reservoir (Picnics and Special Events)

• 30+ days prior: Deposit forfeited; package fees refunded; administrative fee applied.
• 7–29 days prior: Package fees forfeited; deposit refunded; administrative fee applied.
• Within 7 days: Deposit and package fees forfeited; no additional fee.

No refunds or prorating for watercraft permits, storage or moorings.

7.3 Sports Facilities

General Sports Facilities

• 30+ days before rental: Full refund, minus administrative fee.
• 15–29 days before rental: 50% refund, minus administrative fee.
• 14 or fewer days before rental: No refund.

Satellite Sports Facilities (e.g., Harlow Platts Community Park; Columbine Park)

• 30+ days before first rental date: Full refund, minus administrative fee per line item.
• 15–29 days before: 50% refund.
• 14 or fewer days before: No refund.
• City authority: City may cancel any permit at any time.

Premier Sports Facilities (e.g., Pleasant View Fields Sports Complex or Gerald Stazio Softball Fields)

• 60+ days before first rental date: Full refund, minus administrative fee per line item.
• Less than 60 days before: 50% refund for cancelled fields.
• City authority: City may cancel any permit at any time.

Tournament Bookings: Refunds for tournament cancellations will be governed by tournament rental agreement terms or, if no such agreement exists, Department policies surrounding tournament rental cancellations, changes and refunds based on the type of sports facility where the tournament occurs.

7.4 Aquatics

• 7+ days in advance: No cancellation fee (at staff discretion).
• No-show, no-call: Charged the full amount.

7.5 Additional Exceptions

Additional exceptions may be granted for injury, illness or personal crisis, at the Department’s discretion. Any cancellations that arise due to weather, maintenance, facility unavailability or other City-caused issues will receive a prorated refund unless a limited number of cancellations are permitted. In lieu of a refund, the Department and the renter may agree to rescheduling, postponement or a credit to be used within 12 months. The City of Boulder reserves the right to cancel a permit at any time for failure to follow written or verbal guidelines.

7.6 Pre-Authorization - $100 Charge for Damages

You acknowledge that you are responsible for any loss of, or damages to, the facilities and equipment you rent or use. This includes loss or damage caused by your guests, invitees or contractors. Accordingly, you hereby expressly authorize us to charge the credit card or payment method on file for the reasonable cost of any repair, replacement, excessive cleaning or other damage-related expenses, subject to the following terms:

1. These pre-authorized charges shall not exceed $100, as reasonably determined by us or as evidenced by actual replacement or correction costs.
2. If damages are identified, you may require that we provide an itemized statement describing the assessed damages and associated costs, including any photographs or evidence (if available).
3. Upon our provision of the itemized statement, you may file a written response to dispute the charge within 5 days.
4. If no response is filed, we may charge the card on file for the documented amount.
5. If a response is filed, it will be reviewed by designated leadership within the Department. If the leader concurs, we may charge the card on file for the documented amount.

Additional Remedies: Except to the extent the $100 charge reduces or eliminates your outstanding liability, this pre-authorized charge is in addition to, and not in lieu of, any other rights or remedies we may have. See Payment Processing & Terms of Sale | City of Boulder for further details.

8. Retail Purchases (e.g., Merchandise, Equipment)

• Exchanges can be made on retail items purchased that day that are unused, in original packaging and accompanied by proof of purchase.
• No exchanges on:
  • Clearance or sale items.
  • Consumable or opened personal care products unless extraordinary circumstances merit a refund.

9. Gift Cards and Account Credits

• Gift cards and account credits are non-refundable and non-redeemable for cash.
• They may be applied toward eligible purchases and services for recreation activities, memberships, daily entry, punch pass or resale items.
• Credits can only be used for eligible City of Boulder recreation programs and cannot be used by partners who rely on external registration platforms.
• Any unused credit balance after 12 months will automatically expire and be forfeited. No reimbursement will be provided for expired credits.

10. Special Refund Requests

• Patrons seeking a full refund without processing charges due to service issues or other valid reasons must submit a written request explaining the circumstances.
• Send to:
  Boulder Parks and Recreation Department
  ATTN: Sr. Manager of Recreation
  3198 Broadway
  Boulder, CO 80304
  Email: parks-rec@bouldercolorado.gov

11. Processing of Approved Refunds & Account Credits

• Approved refunds will be processed using the original payment method or provided as account credit to be used within 12 months. If paid in cash, the refund will be issued by check and mailed to the address on file.
• Please allow up to 30 days for credit card refunds to appear on your account.
• Refund times may vary based on payment method and financial institution policies.
• The Department is not responsible for delays caused by banks or payment processors.
• The Department reserves the right to deny or limit refunds, gift cards or account credits in cases of abuse, fraud or policy violations.

12. Policy Modifications

We reserve the right to revise this Policy at any time. Changes will be posted on the Department’s website.

For all transfer, refund or cancellation inquiries, contact:

📞 303-413-7270 — Registration Desk

Effective Date: Nov 3, 2025 | Version: 1.0 | Uploaded: Nov. 4, 2025

City of Boulder

Membership Agreement

Terms and Conditions

This Membership Agreement Terms and Conditions ("Membership Agreement") is entered into between the undersigned individual ("Member" or "You") and City of Boulder, acting through its Department of Parks and Recreation ("we," "us," or "our"). By registering as a member, you agree to the following terms and conditions.

1. Membership Eligibility

Minors (under the age of 18) must have a parent or legal guardian sign this Membership Agreement and we may require parental or legal guardian supervision while using the facility. Minors must be 10+ years old to use general facilities; 12+ years old to utilize aquatic facilities; 14+ years old to use the weight room without adult supervision. Membership eligibility may be further restricted pursuant to our policies or practices. Continued eligibility is not guaranteed. You may be asked to present a valid form of ID establishing, to the satisfaction of us, that you are who you say you are. With respect to insurance reimbursements, all third-party memberships must provide a full legal name and insurance ID number associated with their third-party insurance company to ensure accurate and timely reimbursement processing.

2. Membership Types and Fees

• Membership types, rates and benefits are detailed in the current Fee Schedule available at the front desk and on our website. We may change the membership types, rates and benefits upon 30 days written notice following the process established in BRC 8-3-8(a).
• Membership fees are non-refundable unless otherwise stated in this Membership Agreement.
• Additional membership descriptions, pricing, terms and conditions may be found in the most recent version of our Recreation Guide.

3. Payment Terms

• Memberships may be paid monthly, seasonally or annually and are sometimes dependent upon specific membership programming terms.
• Seasonal and annual memberships are paid in full at the time of purchase.
• Automatic payments will be charged to the payment method on file on the due date.
• Declined payments must be resolved within 5 business days to avoid suspension of access.
• A late fee of $25 may be charged for overdue payments.

4. Term and Cancellation

• Memberships may be ongoing or for a fixed term, as selected at registration.
• You may cancel your membership by providing written notice at least 5 days before your next billing cycle.
• Early cancellation of a fixed-term membership may result in a pro-rated refund, at the Department’s discretion, only in the following cases:
  • Verified medical conditions that prevent participation in the Recreation Membership or activity.
  • Permanent relocation more than 15 miles from the City of Boulder.

5. Facility Access and Hours

• Members may access facilities during their posted hours of operation.
• Hours may change seasonally or due to maintenance, holidays or emergencies.
• Membership does not guarantee access to all amenities, areas, activities, equipment or facilities at all times. Furthermore, access may be limited due to class scheduling, maintenance or capacity limits.
• We do not warrant or guarantee that any particular recreation facilities will remain open, operational or in continued use and operation by the City.

6. Member Conduct

Members must:

• Follow all posted rules and staff instructions.
• Adhere to Rules, Regulations and Suspensions Policy.
• Refrain from disruptive, destructive, abusive or unsafe behavior.
• Wear appropriate attire and use equipment responsibly.

Violation of rules may result in suspension or termination of membership without refund. Violations in or on Boulder Parks and Recreation Facilities are processed in accordance with the Rules, Regulations and Suspensions Policy.

7. Households and Guests

• A household pass is for 4 individuals residing at the same address. Additional household members may be permitted for an additional cost as published in the Fee Schedule.
• Daily entry access may be available for purchase; all guests must sign a waiver at indoor facilities and may be required for other events or programs.
• Households may be asked for proof of residency for all adults over 18 residing at the same address.

8. Health and Safety

• Members must be in good physical health to use the facility.
• You are responsible for your own health and fitness limitations.
• If you feel unwell, injured or are experiencing pain, stop activity immediately and notify staff.

We are not responsible for injuries resulting from improper use or failure to follow safety guidelines.

9. Waiver and Release of Liability and Acceptance of Risks

By signing this Membership Agreement, you voluntarily release the City of Boulder, its staff and affiliates from any and all liability related to personal injury, illness, property damage or loss incurred while using any City of Boulder recreation facilities, to the full extent permitted by law. You further acknowledge that participation in recreation activities is risky and you accept all such risks associated with those activities, events and programs you participate in through us.

10. Privacy and Data

We respect your privacy. Your personal and payment information is protected under our Privacy Policy. We do not sell your data.

11. Modifications of this Agreement

• We reserve the right to modify fees with 30 days of prior notice following the process established in BRC 8-3-8(a).
• Modification will occur through the posting of a new Membership Agreement Terms and Conditions and e-mail notification of the changed terms to all Members. Modification may also occur by us requiring that members sign the new Membership Agreement Terms and Conditions.
• If you reject the new terms and conditions, you will have the right to terminate your membership.
  • To exercise this right, you must notify us in writing of your intent to reject the new terms and conditions and, accordingly, terminate your membership.
  • If your membership was pre-paid, you will receive a partial refund of the amount pre-paid, prorated based upon the date you provide notice of termination or rejection of new terms and conditions.
• If you remain a member, or if you otherwise continue using our recreation facilities after new terms become effective, you consent to those modified terms and conditions and, accordingly, will not be eligible for a refund.
• Subject to your rights to cancellation of membership and a prorated refund due to changes in terms, we reserve the right to condition continuation of your membership(s) upon acceptance of new membership terms.

12. Contact Information

Boulder Parks and Recreation Department
Attn: Sr. Manager of Recreation
Email: parks-rec@bouldercolorado.gov
Address: 3198 Broadway, Boulder, CO 80304
Phone: 303-413-7200
Website: boulderparks-rec.org

13. Notice

All references to “notice” in this Membership Agreement mean “written notice” that is delivered (1) if by us to You, by electronic mail for the existing e-mail address we have for your SmartRec profile’s member account; and (2) if from You to us, by either electronic mail to parks-rec@bouldercolorado.gov or by certified mail, return receipt requested, to the address identified in the “Contact Information” section above.

14. Administrative Terms

The Standard Administrative Terms available at City of Boulder Online Registration Policies, Terms & Conditions are hereby incorporated into and made a part of this Membership Agreement. The administrative terms are a material part of this Membership Agreement and you agree that your membership, including any and all claims, disputes or demands that arise out of your membership or your use of membership facilities, are governed by the Standard Administrative Terms.

15. Agreement and Signature

By signing below, you acknowledge that you have read, understand and agree to abide by the terms of this Membership Agreement. You understand and agree that your signature evidences both agreement by you, as an individual, and agreement by any persons under 18 years of age who are “Members” and for whom you serve as parent, primary caregiver or legal guardian, giving such terms full legal force and effect as to them.

Member Name: _______________________________
Signature: ___________________________________
Date: __________________________
Staff Witness (if applicable): ___________________________

Effective Date: Nov 3, 2025 | Version: 1.0 | Uploaded: Nov. 4, 2025

Facility Rental Terms and Conditions

(Short-Term Rentals)

Renter:
Facility or Room(s) Rented:
Rental Period:

I, the individual named above, am renting the facility or room(s) identified above (the “Facility”) from the City of Boulder, Parks and Recreation Department. I agree that my rental of the Facility, and the use of the Facility by myself and by any other persons through me (myself and such persons, collectively, “My Users”), are subject to the following terms and conditions:

A. Facility/Rental - Specific Terms

I agree that my rental and My Users’ use of the Facility is subject to the following Facility-specific requirements:

1. [Sample Requirement 1]
2. [Sample Requirement 2]

B. General Terms

I further agree that my rental and My Users’ use of the Facility is subject to the following general terms and conditions:

1. Use – Generally.
   1. I agree to only use the Facility, along with any equipment, supplies, or fixtures on or in the Facility, in a careful and safe manner, in accordance with all rules, instructions and policies of the City, and only for authorized purposes. All rentals are subject to the Prohibited Activities and Behaviors found in the Rules, Regulations and Suspension Policy.
   2. I agree that My Users and I will be solely responsible for keeping track of and safeguarding our belongings and personal property.
   3. I may not sell, or authorize the sale of, any food, concession items, or products on or in the Facility without the prior written approval of the City.
   4. I may not charge an admission, charge for private training, raise funds, or otherwise use the Facilities in a manner that generates revenue or donations except with the prior written approval by the City.
   5. All marketing, sponsorships, banners, or other forms of advertising on or in the Facility require the prior written approval of the City. Any approval, once granted, is only deemed to allow such materials during periods of authorized use and must be removed during all periods in which I do not have exclusive use of the Facility.
   6. Glass containers are not permitted on or in the Facility.
   7. Filming or broadcasting is not permitted except by the express and prior written consent of the City.
   8. Following my use of the Facility, I agree to inspect, clean and otherwise restore the Facility to its pre-rental state, including removal of any trash, debris, or items left by My Users.
   9. Any authorization from the City does not relieve me from any other legal obligations I may have to obtain other required permissions. I remain solely responsible for obtaining all required permits, authorizations and consents that may be required by law, including any required by government entities (e.g., Boulder Health Department) or My Users.

2. Use by Other Persons. For all of My Users, I agree that:

   • I am responsible for their use, including any damage or harm they may cause.
   • I will ensure their use follows all rules and instructions, is in a safe manner, and is consistent with these Facility Rental Terms and Conditions.

   Persons authorized to use the Facility by me are subject to these same terms and conditions to the greatest extent allowed by law. The City may restrict who can use the Facilities.

3. Acceptance of Risks. I, and any persons who use the Facility through me, accept all risks associated with the use of the Facility, as well as any activities or uses we engage in within or on the Facility.
4. Inspection. I must inspect the Facility at the time of initial use and immediately report to City staff any defects or damage.
5. Relinquishment. I agree to surrender my use of the Facility at the end of the Rental Period.
6. Damages. The City shall have the right to charge me for any damages or harm that occurs to the Facility, or to the equipment, fixtures, or other property in the Facility, during My Users’ use. These may include, but are not limited to, repair or replacement costs. I agree to pay such fees within 30 days.
7. Agreement to Pay. I agree to pay all fees, costs and charges concerning my rental of the Equipment.
8. Revocation. The rights granted to me by the City are limited and revocable. The City may deny, suspend, or revoke my right to use the Facility at any time and for any reason.
9. Prohibition on Discrimination. I agree not to use the Facility in any manner that will result in the unlawful discrimination of persons on the basis of race, color, religion, national origin, pregnancy, age, military status, gender, gender identity, gender variance, sexual orientation, disability, or any other protected characteristic.
10. Endorsement. Usage of the Facility does not imply the City’s endorsement of the type of meeting, group or beliefs that occur therein.

C. Agreement to Indemnify City

I agree to indemnify, defend and hold harmless the City of Boulder against any claims already made and claims that may be made in the future that arise from, and are directly related to, any harm caused by me or My Users’ use of the Facility or its equipment, fixtures or property. This obligation shall not apply if the harm is principally the result of the City’s gross negligence or intentional misconduct.

D. Standard Administrative Terms

My rental of the Equipment is subject to, and is governed by, the City’s Standard Administrative Terms available at City of Boulder Online Registration Policies, Terms & Conditions. I have had full opportunity to review and consider the Standard Administrative Terms and understand that they will be binding upon me and My Users’ use of the Facility. I further understand that the City highly recommends that I read these terms before signing.

Renter Acceptance

By signing these Facility Rental Terms and Conditions, I represent that I have read and understand the terms of these Facility Rental Terms and Conditions, including the Standard Administrative Terms, and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers and releases. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Renter Name (Printed)
Renter Date of Birth: ___/___/________
Signature:
Date:

Parent or Guardian Consent

On behalf of myself and my marital community, as well as any person under 18 years of age or for whom I serve as parent or guardian ("Minor"), I confirm the following:

1. I have read and understand the terms of Equipment Rental Terms and Conditions, including the Standard Administrative Terms, and unconditionally agree to its full terms, statements, warranties, notices, representations, waivers and releases.
2. I understand that I am signing these terms, statements, warranties, notices, representations, waivers and releases on behalf of my Minor, giving them the same legal force as though they were of age and had signed on their own behalf.
3. I understand that, by signing this Parent or Guardian Consent, I am giving up important legal rights both on behalf of myself and the Minor.
4. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
5. I hereby warrant and represent that I have the authority to execute this Agreement.

Parent/Guardian Name (Printed)
Signature:
Date:

Effective Date: Nov 3, 2025 | Version: 1.0 | Uploaded: Nov. 4, 2025

Privacy Policy

A. Introduction

We are committed to protecting the privacy of visitors to this website. This Privacy Policy addresses how information may be collected, used and protected when using the City of Boulder’s website and services.

B. Applicability

This Privacy Policy governs use of the Boulder Parks and Recreation Online Store (the “Website”), purchase of, registration for and/or participation in programs, memberships, activities, events, workshops, classes, rentals or other services offered through the Website (collectively, “Programs”), and access to any other City of Boulder Departments of Parks and Recreation, Health and Human Services and Open Space and Mountain Parks (collectively, the “City,” “we,” “us,” or “our”) products, services, memberships or participation in programs, activities, events, workshops or other services offered through the Website.

C. Personal Information Collected

We, and our contractors, instructors, volunteers and recreation service providers (such as third-party hosts/platforms), may collect and store any information you choose to put in an e-mail, contact form, or comment you send us (or them), or provide to set up an account or purchase Programs, including without limitation name, e-mail address, telephone number, mailing address, date of birth and username.

The Website does not collect or store full payment information, except such limited information as is shown so that you can understand the billing and payment details on file with the payment processor(s). All payment information for Programs purchased through the Website is collected and stored by the City’s payment processors, subject to its/their policies, not the City’s. The City’s principal payment processor for the Website is Adyen, Inc (“Adyen”).

In addition, while we do not collect personal information solely by virtue of you visiting the Website, we do gather and store the following information about your visit, such as the Internet Protocol (IP) address and domain name used. The IP address is a number assigned to your Internet service provider or to your computer. We use the IP to direct website content to you. This address can be translated to determine the domain name of your service provider.

• The web browser you used.
• The operating system you used.
• The date and time you visited the Website.
• The webpages or services you accessed through the Website.
• The website you visited before coming to the Website.

This information is collected and analyzed by us to help us understand how users use the Website and the Programs offered through it, as well as to improve the Website and our services.

D. Use & Sharing of Personal Information; Cookie Policy

We use the information, including personal information, collected to provide the Programs services requested. All information, including personal information, may be used and shared internally as may be necessary to create, maintain and operate the Website or any information technology associated with the Website or Programs, and to facilitate, enhance, evaluate or manage the delivery of the Website, the Programs, or other City service offerings or programming.

The City endeavors not to collect information through the Website unless there is a valid business need. For the personal information it collects, it shares and discloses such information as follows:

Program Sharing

We use your personal information to deliver the Programs and other services offered by the City through the Website. This use may include using your personal information to compile and administer memberships or registered participant lists in programs, activities, events or workshops, reply to messages you send us via e-mail or otherwise, including comments, to process your transactions with us, to otherwise correspond with you, provide notices, marketing and other communications relating to the Programs, and other legitimate business purposes such as security and fraud prevention. Additional sharing may be authorized, required or implied by virtue of the Programs in which you participate, including the nature of the activities and the needs or preferences for any contractors, instructors or other persons involved in the delivery, control or operations of Programs.

The City does not control and is not responsible for the conduct or policies of our contractors (or their subcontractors), and we urge Website visitors and Program participants to familiarize themselves with those policies.

Household Account Sharing

We may share your personal information, along with any other information our systems maintain concerning your access and usage of Programs, with any person who, in our view, demonstrates to us that they are a person identified in your Household Account (e.g., parent or legal guardian; emergency contact; partner; household member). It is your responsibility to update the individuals identified in your Household Account as needed to restrict the sharing of information.

Legal or Court Order Sharing

We may disclose personal information to attorneys or law enforcement authorities to address contract violations or illegal behavior, or to enforce our rights. We disclose information demanded in a court order, subpoena, or otherwise required by law, or to prevent harm to persons or property, including as we may determine is required to comply with a request made under the Colorado Open Records Act, found at Colorado Revised Statutes Sections 24-72-201.1, et seq. (i.e., “CORA”).

Other Sharing

We may or may not have identified all possible uses, or restricted contractors’ own use or disclosure of information or data.

Cookie Policy

As do most websites, ours uses cookies, as may our Programs’ hosts/platforms. Cookies are small text files generated by the web server and stored on the visitor's computer or device. Some are necessary for the Website to operate, while others are used to improve or secure the Website (or Programs offered through the Website) or understand how users interact with the Website. Cookies can be read by the web server to determine if a particular web page has already been visited or when the visitor last accessed the website. We use cookies and other technologies to track things like page visits, duration of visits, type of browser, visitors’ devices’ IP addresses. Cookies created by the City’s website do not contain personal information.

E. Retention of Personal Information

The City retains your personal information so long as it serves the purposes listed in this Privacy Policy, including to send you Program updates, notices, marketing communications and other communications, to manage your current and potential future Program access and address your questions, collect and monitor traffic and other usage statistics at our Website and about our Programs, monitor and improve our Programs, and to comply with our accounting and legal obligations.

F. Storage of Personal Information

We may store or process your data outside your city, province, state or country, including through one of our contractors. So your personal information may be stored in a jurisdiction that operates under privacy and data protection laws different from (and potentially less protective than) those of the State of Colorado.

G. Contractors and their Access to Personal Information

As described in this Privacy Policy, our contractors (and their subcontractors) help us with delivery of Programs or other services. They may also support the Website and Program hosting and storage, security and fraud prevention, monitoring Website and Program use, communicating with and marketing to Website users, members, and Program participants, payment processing, and, generally, in the delivery of Programs. We change contractors and third parties, and their roles, from time to time.

Hosting

The City engages with third-party hosts/platforms to host the Website and support the electronic functionality needed to administer the Programs. These activities include payment processing (e.g., Adyen), and marketing communications, such as MyEmma marketing platform. Information you provide (such as your name and e-mail address) or that is passively gathered online (such as via cookies) when you register, pay and use a Program may be disclosed to or from (and may be gathered directly by) the applicable contractor, instructor or workshop organizer, and can be used (and disclosed) by them in accordance with their terms and policies (such as their terms of use and privacy policies).

You are urged to familiarize yourself with those terms and policies (and City’s) before accessing or registering for any Programs. The City does not control and is not responsible for such contractors (or their subcontractors), their procedures or their policies, nor those of any other third party with which you may register, purchase or otherwise participate in.

Contractors

Our contractors include, without limitation:

• Website Hosting: Amilia Technologies USA Inc. (“Amilia”); Adyen; Other Partners
• The Website is hosted by Amilia. Amilia’s privacy practices are found at Privacy Policy | Amilia. Certain data collected through the Website may also be transmitted to Amilia’s payment processor, Adyen. For information on Adyen’s privacy practices, please visit: Privacy Policy | Adyen.
• The Website also uses services from various partners who serve Amilia users. We may change services from time to time. These partners may, subject to their own and Amilia’s policies, access data collected by or through the Website.
• Further, Amilia enables the use of additional software, plug-ins and services through its established partnerships. The partnerships are found here: Partners | Amilia.

H. Protection of Personal Information

We store information you send us on password-protected computers and share it with trusted contractors. Data we don’t store ourselves is collected and stored by our contractors, under their policies and procedures. We use industry standard practices to safeguard the confidentiality of your personally identifiable information, including "firewalls" and encryption (Secure Socket Layer) technology. We also employ many different security techniques to protect such data from unauthorized access. Unfortunately, like most websites, we can’t guarantee the security of personal information or other data, including during transmission and storage. "Perfect" security, however, does not exist on the internet. We offer our Website and its Programs “As Is,” unless we and you execute a contract providing to the contrary.

If a user submits information to the Website, or if such information is otherwise collected through, or from participation in, the Programs, we will follow those precautions we determine are reasonable and customary to safeguard the confidentiality of such information, but shall nevertheless not be held liable for any injury caused by the disclosure of that information, whether caused by security breach, accident, inadvertence or any other act resulting in disclosure.

I. Accessing and Correcting Your Personal Information

You can access and change and update your account information by logging into your profile and visiting your account page.

J. Links to Third-Party Webpages

Various parts of the Website, or the documents or materials available on the Website, may link to third-party websites. We provide links to such third-party websites as a convenience to users. Third-party websites control their own content and manage and apply their own privacy terms and policies. The City does not control what information third parties collect or how they maintain, use, share or control the personal information they collect. The use of third-party webpages, information or services is at your own risk.

K. Amendment

The City may change this Privacy Policy at any time by posting a new version on this page or on a successor page. Changes to this Privacy Policy are effective at the time they are posted and your continued use of the Website, or your purchase of, registration for, or use of services through the Programs on the Website, will constitute acceptance of, and agreement to be bound by, those changes. Please review this Privacy Policy from time to time to ensure you are aware of changes to it.

L. Contact Us

If you have any questions, concerns, or wish to provide feedback about this Privacy Policy, please contact us at parks-rec@bouldercolorado.gov.

Effective Date: Nov 3, 2025 | Version: 1.0 | Uploaded: Nov. 4, 2025

Standard Administrative Terms

These Standard Administrative Terms (these “Terms”) govern all participation in City of Boulder recreational activities, including, but not limited to, facilities and equipment rentals. These Terms are incorporated into agreements signed by members, participants, renters and users. These Terms control over any potentially conflicting terms, conditions, or requirements.

“Agreement” Defined: My agreement with the City includes these Terms, as well as the terms I signed to become a member, participate in City recreational activities or rent City recreation facilities or equipment (collectively, this “Agreement”).

I, as a participant in City recreational activities or renter of City recreation facilities or equipment, hereby agree as follows:

A. Complete Agreement

This Agreement is intended as the complete integration of all understandings between the Parties. No oral statements by the City or its staff shall be deemed to modify, alter or amend the terms of this Agreement. No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing.

B. Amendment in Writing

No amendment or modification shall be made to this Agreement unless it is in writing and signed by both Parties. Neither the course of conduct between the Parties nor any trade practice shall act to modify the provisions of this Agreement except as expressly stated herein.

C. Immunity

Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection or other provisions of the Colorado Governmental Immunity Act, Sections 24-10-101, et seq., C.R.S., as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the City, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Sections 24-10-101, et seq., C.R.S., as now or hereafter amended.

D. No Multi-Fiscal Year Obligation

The Parties understand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). All payment obligations of the City, if any, are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31.

E. No Assignment

User may not assign this Agreement without the written consent of the City, which the City may withhold at its sole discretion.

F. Waiver

The failure of either Party at any time to require performance by the other Party of any provision of this Agreement shall not affect in any way the full right to require such performance at any subsequent time nor shall the waiver by either Party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.

G. No Third-Party Beneficiaries

This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Parties. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the City and Myself. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the City and Myself that any such party or entity, other than the City or myself, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.

H. Applicable Law; Jurisdiction; Venue

This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state court situated in Boulder County or federal court situated in the City and County of Denver, Colorado and each Party consents to jurisdiction and venue before such courts.

I. No Arbitration

No dispute between the Parties shall be resolved by binding arbitration before any extra-judicial body or person. Any provision to the contrary shall be null and void.

J. Severability

If any provision of this Agreement shall be held or made invalid by a court decision, statute, or rule, or shall otherwise be rendered invalid, such provision shall be fully severable from this Agreement and the remainder of this Agreement shall be construed and enforced as if the illegal or invalid provision had never been included herein to the maximum extent allowed by law.

K. Survival

Any and all provisions of this Agreement that, by their nature, would reasonably be expected to be complied with or performed after the expiration or termination of this Agreement shall survive any expiration or termination of this Agreement.

L. Authority

I warrant that I have authority to execute this Agreement.

M. Signatures & Counterparts

An electronic signature, including affixation of images of signatures or other representations designed to signify the intent of the Party to be bound to this Agreement, or checking any box that indicates an agreement to terms, shall suffice to bind said Party, and shall have the same legal effect as delivery of an original executed copy of a “wet” signature.

Effective Date: Nov 3, 2025 | Version: 1.0 | Uploaded: Nov. 4, 2025