Estancia Poncho Moro

The shared-ranch dream concept!

Informed Consent

INFORMED CONSENT AND EXPRESS ASSUMPTION OF RISK CONTRACT

Estancia Poncho Moro S.A. (“Estancia”) has informed me accurately and in detail on the risks related to certain activities, in particular fishing, adventure tourism and active tourism, which I may engage while in the facilities of Estancia. I do understand that all those activities have inherent risks. I have duly assessed said risks and, accordingly, on the basis of the information furnished verbally and hereunder, I hereby grant my express consent to carry out such activities at my own discretion, as I may deem it appropriate, expressly assuming such risks, in my own name and behalf, and on behalf of the minors under my custody, according to the following terms and conditions:

1.- Informed consent with acknowledgement of cause:

a) Background: The first time I arrived at the Estancia, I was briefed, in detail, and studied the so-called “safety protocol”. I was informed in detail about the activities that I may carry out within the facilities and the potential risks associated thereto. From my own experience and from the information I received, I understand that there are unavoidable risky elements associated with the activities that I may engage in outdoors in general, within or outside the Estancia, particularly fishing, adventure tourism or active tourism.

b) Outdoor adventure activities: Fishing, adventure or active tourism activities that I may carry out inside the facilities of the Estancia include, but are not limited to, kayaking, horseback riding, tyrolese crossing, rappelling, trekking, high trekking, fly fishing, mountain biking, general fishing and swimming (“activity” or “activities”). In addition, there is a possibility that I may encounter some animals, wild or that I may be in contact with some equipment related to any of the activities.

c) Unique nature of the activities and topography: I hereby acknowledge that the Estancia is unable to eliminate certain risks without altering the activities and/or the facilities and the topography of the Estancia. Though Estancia may exercise due care, most of the places that I may visit within the facilities of Estancia are subject to unexpected and unavoidable changes due to the forces of nature. Any of these elements may cause physical damage, sickness, diseases, emotional distress or injuries, permanent trauma, death or any other damages. The risks may also be aggravated by my own physical or emotional condition, or by any lack of expertise.

d) Risks: The above mentioned risks include, but are not limited to falls, weather-related injuries, diseases that include heart attacks, hypothermia and dehydration, vertigo, dizziness, giddiness, or any other similar sickness, acts of nature, severe and/or varied winds, temperature or adverse weather conditions, avalanches, floatability, unexpected changes in the water streams, creeks, or riverbeds and/or the water flows, tree falls, crossing lands by any means, climbing up or down rocks, snow and/or ice, risks typically related to navigation matters and instruments, including extremely low temperature, water-lowering, changes in water streams, submerged or sunken, partially submerged or sunken or hanging objects. As informed by Estancia and as I am fully aware of, I may be carried away by the water flow, boats or rafts may turn over, or I may fall out of them, slide or fall during a mountain hike, get lost in a wild environment, get disoriented slip or fall while crossing over a water course, be hurt by branches falling from the trees, or by the trees themselves, or other similar circumstances.

e) Summary: I acknowledge that the Estancia has informed me about all the potential risks associated with the activities that I may carry out inside or outside of the Estancia facilities, either by myself or with the assistance of a guide suggested by Estancia upon my request.

2.- Full Disclosure.

I acknowledge that I have the duty to fully disclose and inform Estancia, at any time upon its occurrence or periodically, on any health change, any physical or mental disability that I may suffer before carrying out any activity within the Estancia: I acknowledge that my disclosure duty is not limited to filling in the enclosed form, but to disclose any other medical, physical or mental condition that may adversely affect me or my capabilities.

3.- Acknowledgment of risk.

I understand that the description of the above mentioned risks may not be complete and that similar or unknown risks, or any other risks not specified herein, may also result in other risks or damages, similar to those already described ones. In any case, I hereby represent that I have decided to participate in the above mentioned activities, after having carefully analyzed all the potential risks and alternatives. I am fully free to reject participation in any of such activities at my sole discretion and I understand the risks being undertaken by me or in the name and on behalf of any person under my command or duty.

4.- Express assumption of risks and liabilities.

I hereby agree to expressly assume liability for those risks identified herein and also for those risks not identified hereunder that may be acknowledged, known, perceived or inferred by any person exercising reasonable diligence and care. I accept that wearing a personal flotation device for aquatic activities is a basic protection preventive measure, for example, but it is not considered as a safety guarantee. I accept to wear any apparel, whether or not provided by Estancia, but that Estancia may understand it is necessary to perform the activities in which I may participate. I also understand that the activities that I may carry out at the Estancia will not be supervised by Estancia, and that Estancia is not obliged to provide me with any equipment whatsoever. I hereby certify that I am duly insured against any potential damage or injury that I may cause or suffer as a result of my participation in the activities, and I agree to bear all the costs resulting from such injuries or damages. Moreover, I hereby certify that I have no other medical or physical condition that may endanger my safety in those activities, and that I agree to undertake and bear the costs that may result, directly or indirectly, from any of such conditions.

5.- Jurisdiction and applicable law.

This document shall be subject to and shall be construed pursuant to the laws in force in the Argentine Republic. Should I file a legal action against Estancia, I agree to do so only with the Courts having jurisdiction over Esquel, Province of Chubut, Argentine Republic, and I hereby waive any other jurisdiction that may correspond.

I have carefully read this text and I have had the chance to request all the clarifications that I consider necessary. In witness and agreement hereof.

Participant’s Signature: _______________

Name and Age: ____________________

Place and Date: _____________________


Estancia

Questionnaire on Health and Background

Name: Surname:

Age: Height: Weight: Sex: Male Female

Contact in case of Emergency: Name: Relationship:

Telephone: Address:

Physical Condition: Very Good Good Reasonable Bad

A.- Health

Have you ever had or do you have? Are/Do you at present?

Yes No Yes No

Heart problems Pregnant

High pressure Suffer from any contagious disease

Insect bites or stings Alcohol / drug addicted

Allergy taking medicine?*

Advised by any physician against participating in any of the following activities? *

Epilepsy smoke?

Diabetes

If your answer is YES, please give a detailed explanation of your answer and specify the pertinent dates.

B.- How often do you practice any of the following activities? (Over the last two years)

Frequent Seldom Never

Fishing

Horseback riding

Mountain biking

Trekking

Rappelling

Swimming

Tyrolese

High hiking

I declare under oath that the foregoing representations are complete, accurate and true, and that I consider myself healthy and qualified to participate safely in the abovementioned activities and in any other activity related thereto.

Signature:_____________________ Date : _____________________


ADDITIONAL INDEMNITY FROM THE PARENT OR GUARDIAN

(To be filled in by minors less than 18 years old)

In order that_______________________ (include the name of the minor) (hereinafter referred to as the “Minor”) be authorized to participate in the activities at the Estancia and to use any equipment and facilities of the place, as described in the “Informed Consent and Express Risk Assumption," annexed hereto, I also agree to indemnify and hold Estancia free and harmless against any claim that may be filed on behalf of the Minor and that may be somewhat related to such use or the Minor’s participation.

Signature of the Parent or Guardian ________________

Name ______________________

Date __________

Document
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