DEFINITION OF TERMS USED IN THIS WAIVER
We/Us/Our/ANE: Ponderosa Ranch and affiliates, agents, associates, guides, representatives, partners, guides, directors, officers, employees or volunteers.
You/I/My/Participants: Person signing this waiver for themself or a minor dependent they are responsible for or any participant partaking in an activity from start to finish organized by ANA.
ASSUMPTION OF RISK ASSOCIATED WITH HIKING ACTIVITIES
I understand and agree to the following information presented clearly below regarding the hazards, risks and endangerments associated with hiking. Additionally I am completely aware that the below list of possible hazards, dangers and risks are not absolute as there can be unforeseen, unpredictable and totally abnormal hazards and endangerments which can result in permanent impairment, illness or death that are not on the below list.
There is a significant risk of injury, permanent disability or death from the activity and equipment used during the activity.
- Including but not limited to specific injury from falling, i.e. broken bones, concussion or other from falling.
- Including but not limited to an “act of nature” or exposure to inclement weather and unforeseen weather conditions.
- Including but not limited to any missteps on uneven terrain, i.e. crossings, climbing, climbing down rocks or crossing creek beds.
- Including but not limited to any negligence including my own or any others.
- Including but not limited to heat-related illnesses.
PHOTO RELEASE AGREEMENT
I understand and agree that my permission is given for the possibility that my likeness in a photograph, video or any other digital media may appear in any or all of ANE publications, including web based publications without notification, payment or other consideration. Should you not agree, please contact management directly before the tour and your likeness will not be used.
I am declaring that I (or any minor participant I am signing for) do not have any indication, evidence or symptoms of COVID-19 at the time of activity participation. ANE is strictly adhering to all COVID-19 protocol and safety procedures for transporting and guiding all of our participants and staff, the possibility of exposure unfortunately still does exist. ANE is counting on you, our customer, to be self disciplined and help all of us reduce the risk of spreading COVID-19.
DECLARATION OF FITNESS
I hereby proclaim I am physically able to participate in the selected activity with ANE. I have not been diagnosed by an official medical doctor with any illness that would restrict me. I will not partake in any activity with ANE against medical advice.
WAIVER AND RELEASE FROM LIABILITY
I understand and agree that my partaking in this hiking excursion is at my own risk. I hereby agree to hold harmless and release ANE and all associates past present and future, i.e. guides, representatives, associates, agents, affiliates, officers, directors, employees, volunteers or other participants from all action suits, claims and demands that I or my heirs, administrators or executors have or may have, whether known or unknown arising out of my participation in this hiking excursion.
I have read and understand the risks involved and therefore assume all responsibility for my own bodily injury, death and/or the loss or damage to any personal property. I understand and agree that I will not hold ANE or its associates responsible for any expenses incurred as a result of an accident or of my negligence or the negligence of the organizers or other participants on this hiking tour.
I agreed and understand that any attempted claims/demands and the law governing any such claims/demands will be that of Aruba. This signed release shall be binding to the fullest extent permitted by the local law of Aruba and its governances.