PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
You may also download the waiver for review here.
The purpose of this Liability Release and Photo Authorization (see at end of document) is to provide Arboretum San Antonio (“ASA”) and any person or persons responsible for planning the meetings, workshops, or field trips (“Event”) with a release of all liability associated with my participation in the Event sponsored by ASA and to authorize the use of my image in photos and videos.
This Arboretum San Antonio Waiver and Release (“Agreement”) is entered into by the undersigned individual (“Participant”), for themselves and if an ambassador family, for all members of their household for whom this
membership is purchased (collectively, “Household”), or for any participant of volunteer activities on the ASA site, in favor of Arboretum San Antonio , its officers, directors, employees, volunteers, contractors,
representatives, and agents (collectively, “ASA”).
1. Access to Property
Participant acknowledges that ASA is permitting limited access to certain portions of its property (“Property”)
prior to its official opening. Access may only occur:
During dawn to dusk (unless with previous written approval)
On paved paths only
For the limited purposes of walking, running, bicycling on paved paths only, and dog walking
No minors without written dated permission of the ages 16-18. Minors under 16 must be accompanied by an adult guardian.
Participant agrees to follow all rules, signage, and instructions.
2. Awareness of Risks
Participant understands and acknowledges that the Property is primarily undeveloped land and may contain significant hazards , including but not limited to:
Uneven or unstable ground, loose gravel, holes, and exposed roots
Water hazards, including ponds, creeks, and potential flash flooding
Wildlife (including snakes, insects, coyotes, and other animals)
Falling limbs or trees
Weather conditions including heat, cold, storms, and lightning
Limited or no cell service
No lighting
No restrooms or shelter
No staff or emergency personnel on site
Participant understands that ASA does not maintain the Property for recreational safety and does not provide
supervision , and that entering the Property involves inherent risks of serious injury or death.
3. Assumption of Risk (CONSPICUOUS)
PARTICIPANT KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED
WITH ACCESSING AND USING THE PROPERTY, INCLUDING THE RISK OF PERSONAL INJURY, DEATH, PROPERTY
DAMAGE, OR LOSS.
4. Release of Liability (CONSPICUOUS)
TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, PARTICIPANT RELEASES, WAIVES, AND DISCHARGES ASA FROM ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO PARTICIPANT’S OR THEIR HOUSEHOLD’S ENTRY UPON OR USE OF THE PROPERTY, INCLUDING CLAIMS BASED ON ASA’S ORDINARY NEGLIGENCE.
This release does not apply to ASA’s gross negligence or willful misconduct, as prohibited by Texas law.
5. Indemnification (CONSPICUOUS)
PARTICIPANT AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ASA FROM ANY CLAIMS, DAMAGES, OR
EXPENSES RESULTING FROM PARTICIPANT’S OR THEIR HOUSEHOLD’S USE OF THE PROPERTY OR VIOLATION OF ASA RULES.
6. Rules of Use
Participant agrees:
No motorized vehicles are allowed.
No off-trail access without specific permission. Ambassador visits must stay on trails.
No fishing, hunting, swimming, or collecting natural materials.
No fires or camping
No events, gatherings, or commercial activities without written approval.
If entering as an Ambassador, membership card must be carried at all times on the Property.
Trespassers may be reported to authorities and subject to citation.
7. Emergencies
The participant understands that no ASA staff are present on site. In an emergency, participants must call 911.
8. Reporting
Participants agrees to notify ASA of vandalism, hazards, or suspicious activity using the website contact form or by emailing hello@arboretumsa.org.
9. Household or Group Representation
Participants affirm they are authorized to sign on behalf of all household or group members and that all members are bound by this Agreement.
10. Texas Law & Venue
This Agreement is governed by Texas law. Any disputes must be filed in Bexar County, Texas.
11. Severability
If any provision of this Agreement is found invalid, the remaining provisions remain enforceable.
