1. Definitions

For the purposes of this clause:

Company: refers to Hikers Arena Limited, including its directors, officers, employees, agents, contractors, and affiliates.
Participant: refers to the individual or entity engaging in hiking activities organized by Hikers Arena Limited.
Hiking Activities: include but are not limited to trekking, climbing, descending, navigating rough terrains, ultra hikes, and any related preparatory or ancillary activities.
Claims: mean any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including legal fees).

2. Acknowledgment of Risks

The Participant acknowledges and accepts that hiking activities, particularly those involving ultra hikes with rapid elevation changes, inherently involve significant risks, including but not limited to:

Falls, trips, and slips on uneven, unstable, or slippery surfaces.
Exposure to extreme weather conditions (e.g., sudden temperature drops, storms, lightning).
Physical exertion leading to dehydration, exhaustion, altitude sickness, cardiac events, or other medical emergencies.
Encounters with wildlife or insects that may cause injury or allergic reactions.
Rockfalls, landslides, avalanches, or collapsing terrain.
Navigational challenges, including becoming lost or disoriented.
Delays or inability to access timely medical assistance due to remote locations.
Equipment failure or misuse, whether provided by the Company or the Participant.
Any accidents during transport to and from the hiking locations.

The Participant confirms their physical and mental fitness to undertake such activities and agrees that participation is voluntary.

3. Waiver of Liability

To the fullest extent permitted by law, the Participant waives and releases any and all claims against the Company arising from participation in the Hiking Activities, including claims arising from the Company’s ordinary negligence. This waiver does not apply to claims resulting from the Company’s gross negligence, willful misconduct, or fraud.

4. Indemnity

The Participant agrees to indemnify, defend, and hold harmless the Company from and against any and all Claims arising out of or in connection with:

The Participant’s participation in the Hiking Activities.
Any injury, illness, or death of the Participant or third parties.
Damage to property (whether personal or third-party property).
Any breach of this Agreement or violation of applicable laws by the Participant.
The Participant’s negligent or intentional acts or omissions.

This indemnity obligation survives the completion or termination of the Hiking Activities.

5. Compliance and Additional Terms

The Participant agrees to adhere strictly to the turnaround times, hiking difficulty levels, and requirements as provided on the Hikers Arena Limited website (hikersarena.com) and communicated by the Company. It is the Participant’s responsibility to review and understand these details prior to participation.

Participants acknowledge that the Kenya National Park gates are open between 6:00 a.m. and 6:00 p.m. For hikes on Mount Kenya, all participants must ensure they descend in time to meet these operational hours. Late descenders will incur an additional fee to cover camping and dinner arrangements and transport back home the following morning, as the return buses will depart promptly at 6:00 p.m., coinciding with the park gate closure.

6. Content and Privacy

Participants acknowledge and agree that the Company may capture photos, videos, or other media during Hiking Activities for promotional and marketing purposes, in accordance with its privacy policy. By participating, the Participant consents to the use of their image and likeness in such media.

Participants are encouraged to exchange contact information with fellow hikers if they wish to receive media captured by others. The Company is not responsible for any inappropriate, unlawful, or unauthorized use of images or videos taken by fellow participants. Participants with privacy concerns are advised to refrain from engaging in others’ filming activities.

The Company understands the value of preserving memories and recommends that participants hand their phones to trusted friends for personal photo or video captures where possible. The Participant expressly agrees that the Company shall not be held liable for any misuse, distribution, or inappropriate use of their images or videos by third parties.

7. Governing Law

This clause and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Republic of Kenya, and the parties submit to the exclusive jurisdiction of the courts of Kenya.

This document was last updated on May 5, 2025. A print version is available on request for signing.