Terms & Conditions
INTRODUCTION
As with any service, certain legally binding terms and conditions apply to EXPOSURE’s services too. Please be sure to read this before availing of any of our services – don’t worry; the Terms and Conditions are written in simple English without excessive legalese. By availing of any of EXPOSURE’s services, therefore, you implicate that you agree to the Terms and Conditions. We can’t see why you wouldn’t because they are entirely fair. Exposure shall, however, not be liable for any consequences arising out of your failure to fully read and understand the Terms and Conditions.
GENERAL INFORMATION
The terms and conditions (the “Terms”) on this website, https://www.exposuresop.com/ (the “Website”) are made available to the customer (hereinafter referred to as “You”, “Your”, “Yours”, “Customer”, “Customer’s”, “Participant”, “Participants” or “Participant’s”).
We are Exposure, a professionally managed three-winged photography platform. Our corporate office address is Jyotirmay Niwas, Behind Yellow House, Raja Ram Mohan Roy Road By Lane, Hakim Para, Siliguri, West Bengal – 734001, India (hereinafter referred to as “Exposure”, “Exposur’s”, “We”, “Us” or “Our”).
These terms and conditions are subject to change. Exposure reserves the right to amend any part of the terms and conditions anytime without express or advance notice.
If you have any questions, complaints or comments on the Website then you may contact us on exposuresop@hotmail.com, use the “Contact Us” feature on the Website or use the alternative modes of correspondence enlisted on that page.
WEBSITE TERMS
The website, https://www.exposuresop.com/, is operated and owned by Apratim Saha. Exposure and the Exposure logo are the exclusive registered trademarks of Apratim Saha.
We do not accept any liability for:
- damage to Your computer system or loss of data or other proprietary material that results from your use of the Website or in connection with your downloading of any material posted on it, or on any website linked to it, unless such damage results from our negligence; and
- any loss, damage, expense, costs, delay or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond Our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium)
- While we endeavour to correct any errors or omissions as soon as possible once they have been brought to our notice, we do not promise that the information on the Website will be free from errors or omissions.
- We constantly seek to improve this Website and if the need arises, we may suspend access to the website. Accordingly, some of the material on the website may be out of date at any given time and, except as required by law, we are under no obligation to update such material.
SERVICES AND PRODUCTS TERMS AND CONDITIONS
GUIDED PHOTOGRAPHY TOURS TERMS AND CONDITIONS
PRIVATE & CUSTOMIZED PHOTOGRAPHY TOURS TERMS AND CONDITIONS
WORKSHOPS, ONLINE AND OFFLINE PHOTOGRAPHY COURSES TERMS AND CONDITIONS
EXPOSURE MAGAZINE
GUIDED PHOTOGRAPHY TOURS TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
EXPOSURE – Travel & Photography, (“Exposure”) arranges group tours, adventure travel, photography tours or trips, safaris and expeditions in India and abroad. You voluntarily desire to participate in a group tour, adventure trip, photography tour, safari or expedition arranged by Exposure. In consideration of Exposure’s agreement to allow you to participate, you agree as follows:
You understand that you are required to read carefully and sign the Release of Liability, Indemnification and Assumption of Risk Form (the “Release”) before Exposure can accept a deposit confirming your reservation. You understand that Exposure will assist or advise you with pertinent information regarding passports, visas, and domestic/international health requirements, but it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. Exposure recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance, as you may deem necessary for your travel.
AWARENESS OF RISK: You are aware that group tours, adventure travel, photography tours/trips, safaris and expeditions, whether in civilized or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involve inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism and other causes are known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours/trips, safaris and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips and expeditions, in and outside wildlife preserves and parks. You recognize that such risks may be present at any time before, during, and after the trip. You also recognize that Exposure purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, Exposure cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You are also aware that medical services or facilities may not be readily available during the time you are participating in this trip.
INDEMNIFICATION: You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, whether for group tour, adventure travel or photography trips/tours, safaris and expeditions. In consideration of, and as part payment for the right to participate in this trip, and the activities, services, and food arranged for you by Exposure, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you to INDEMNIFY, defend, and hold harmless Exposure, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY: In further consideration of, and as part payment for the right to participate in this trip, whether for a group tour, adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for you by Exposure, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Exposure, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, in which you are allowed to participate, including but not limited to those described herein, and pledge not to sue Releasees, on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.
REPRESENTATION OF GOOD HEALTH: You certify that you are in good health, have no medical, mental or physical conditions that affect your ability to travel and/or participate in the group tours, adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. You acknowledge that Exposure is in no way responsible for any costs related to your medical care during or after the travel.
ARBITRATION: Any controversy or claim arising out of, or relating to this Release or the performance thereunder, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, an act of God, an act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in Siliguri, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.
KNOWING AND VOLUNTARY EXECUTION: You acknowledge that you have carefully read this agreement, understand its contents, understand that this agreement includes an assumption of the risk of the released parties’ negligence and a release of their liability. You acknowledge that Exposure Travel & Photography, is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari or expedition.
PRIVATE & CUSTOMIZED PHOTOGRAPHY TOURS TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
Exposure Travel & Photography, (“Exposure”) arranges Private & Customized Photography Tours in India and abroad. You desire to avail yourself of Exposure’s services in planning your customized vacation. In consideration of Exposure’s agreement to extend the service, you agree as follows:
You understand that you are required to read carefully and sign this Release of Liability, Indemnification and Assumption of Risk Form (the “Release”) before Exposure can accept a deposit confirming your reservation. You understand that Exposure will assist you regarding passports, visas, and domestic/international health requirements, but you agree that it is your responsibility to ensure that passports, visas, travel permits, health certificates, inoculations, or other required documentation are obtained, current, and in order. Exposure recommends that at your own will, you obtain, at your cost, any type of travel or medical insurance as you may deem necessary for your travel.
AWARENESS OF RISK: You are aware that adventure travel, photography tours, safaris and expeditions, whether in civilized or remote areas, by plane, train, auto, boat, horseback, other conveyance, or on foot, involve inherent dangerous risks of illness, injury, death or loss and damage of property, which may be caused by negligence, wild animals, forces of nature, civil unrest, terrorism and other causes are known or unknown in remote areas without means of rapid evacuation. You also are aware that photography tours, safaris and expeditions may be just as inherently dangerous, and may involve the same risks as safaris, trips and expeditions, in or outside wildlife preserves and parks. You recognize that such risks may be present at any time before, during, and after the trip. You also recognize that Exposure purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, Exposure cannot be liable for any death, personal injury, property damage or other loss that may occur due to any act or omission of such contractor or supplier. You also are aware that medical services or facilities may not be readily available during the time you are participating in this trip.
INDEMNIFICATION: You certify that you have read this entire document and fully understand its contents and the type of risks inherent in such trips, adventure travel or photography trips/tours, safaris and expeditions. In consideration of, and as part payment for Exposure’s offer to arrange your vacation, and the activities, services, and food arranged for you by Exposure, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you, to INDEMNIFY, defend, and hold harmless Exposure, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY: In further consideration of, and as part payment for the Exposure’s offer to arrange your vacation, whether for adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for me by Exposure, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Exposure, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this trip, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with the group tour, adventure travel, photography tour/trip, safari or expedition, arranged for you by Exposure, including but not limited to those described herein, and pledge not to sue Releasees on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.
REPRESENTATION OF GOOD HEALTH: You certify that you are in good health, have no medical, mental or physical conditions that affect your ability to travel and/or participate in adventure travel, photography tours/trips and expeditions and have not been advised otherwise by a medical practitioner. You acknowledge that Exposure is in no way responsible for any costs related to your medical care during or after the travel.
ARBITRATION: Any controversy or claim arising out of, or relating to this Release or the performance thereunder, including without limitation any claim related to illness, injury, death, loss or damage to property, delay or change in services or accommodations, however caused, irregularity, inconvenience, or additional expense in connection with any services resulting directly or indirectly from defect of any vehicle, an act of God, an act of war, insurrection, revolt, terrorism, government restrictions, and regulations, or other civil uprisings or disturbances, military action, quarantines, strikes, weather, detention, thefts, pilferage, or force majeure, shall be resolved by binding arbitration in Siliguri, in accordance with the Arbitration Rules of the Government of India then existing. This agreement to arbitrate does not waive or modify the Release, Indemnification, or Assumption of the Risk contained in the foregoing paragraphs.
KNOWING AND VOLUNTARY EXECUTION: You acknowledge that you have carefully read this agreement, understand its contents, understand that this agreement includes an assumption of the risk of the released parties negligence and a release of their liability. You acknowledge that Exposure Travel & Photography, is materially relying on this waiver and is allowing you to engage and participate in the said group tour, adventure travel, photography tour/trip, safari or expedition.
DELIVERY METHOD: This service is considered delivered upon your scheduled travel and completion of the planned itinerary as per the travel plan designed by Exposure. Exposure will not be responsible for any lapses in service or upset in schedule occurring due to your failure to adhere to the itinerary planned and approved by you before the commencement of travel and you agree that this does not constitute a breach of or insufficiency in service. You also acknowledge and agree that the timings of the rituals/festivals which is mentioned on the itinerary can be changed according to the present situations of the rituals/festival or any natural calamities. The mentor will update and guide you throughout the tour.
WORKSHOPS, ONLINE AND OFFLINE PHOTOGRAPHY COURSES TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
Exposure – The School of Photography, (“EXPOSURE”) arranges basic and advanced Photography workshops, Digital Post-Processing Workshops, online and offline Photography Courses in various cities within India and abroad. You desire to participate in a Workshop or Course arranged by Exposure. In consideration of Exposure’s agreement to allow you to participate, you agree as follows::
INDEMNIFICATION: You certify that you have read this entire document and fully understand its contents. In consideration of, and as part payment for the right to participate in this Workshop, and the activities, services, and food arranged for you by Exposure, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you to INDEMNIFY, defend, and hold harmless Exposure, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Indemnitees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss of or damage to property, which might occur during the activities of this Workshop, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF INDEMNITEES.
RELEASE OF LIABILITY: In further consideration of, and as part payment for the right to participate in this Workshop, and the activities, services, and food arranged for you by Exposure, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Exposure, its officers, owners, employees, parents, subsidiaries, affiliates, agents, associates, outfitters, contractors, service providers and/or suppliers (“Releasees”), for any accidents, claims, losses, damages or liabilities, including death, disability, injury or loss or damage to Releasor or Releasor’s property, which might occur during the activities of this Workshop, INCLUDING WITHOUT LIMITATION THOSE LOSSES ARISING OUT OF THE JOINT OR CONCURRENT, ACTIVE OR PASSIVE, NEGLIGENCE, WRONGFUL ACTS, OMISSIONS AND OR STRICT LIABILITY OF RELEASEES.
ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ASSUME ANY AND ALL RISKS arising from, caused by, or connected with, the Workshop in which you are allowed to participate, including but not limited to those described herein, and pledge not to sue Releasees, on account of such losses, claims, costs, liabilities, injuries or damages. Further, you agree not to claim the unenforceability of this Release, Indemnification, and Assumption of Risk. You agree that the foregoing obligation shall be binding upon you personally as well as upon your heirs, assigns, executors and administrators, and members of your family, and shall also be binding upon any minors who accompany you.
Exposure reserves the exclusive right to change the instructor (“The Mentor”) of the Workshop to another of similar competence and capacity anytime before the Workshop without any obligation to serve advance notice to the participants or the general public. Such changes will be at the sole discretion of Exposure and shall be binding on the participants of the Workshop. Participants who have paid for the Workshop are not eligible for any refunds or discounts on account of such or any other scheduled or unscheduled changes to the facilitators of the Workshop.
Exposure reserves the exclusive right to decide the venue and the group size for each Workshop. Exposure also reserves the right to deny admission to anyone to a Workshop on its sole discretion, without obligation to furnish reasons.
Exposure may use pictures and videos of participants and activities taken during the Workshop, to promote Exposure and its services, without a release from the participants featured in such media, and without obligation to pay royalties for any such use.
While all the course content delivered during the Workshop are accurate and true to the best of Exposure’s knowledge, Exposure does not claim that the content discussed during the Workshop or that contained in the document shared after the event, is scientifically valid or able to stand the test of academic verification. Therefore, Exposure shall not be held liable for any consequences whatsoever arising out of the interpretation, use or propagation of the said information.
The document shared as course material at the end of the Workshop is meant merely as a reference resource for the topics discussed during the Workshop, and is not purported to be a comprehensive or authoritative work. Exposure shall not be held liable for any inadvertent errors, lapses or shortcomings in the said material, or the consequences arising thereof.
Any and all content shared by Exposure before, during and after the Workshop, including course material documents, is the sole intellectual property of Exposure and any unauthorized reproduction, duplication, transmission etc., is strictly prohibited.
DELIVERY METHOD: The service is considered delivered upon the completion of the stipulated duration of the Workshop. Exposure shall not be held liable to extend or reschedule a Workshop for the participant’s inability to attend the event due to any reason whatsoever, under any circumstances, and this does not constitute a breach of or insufficiency in service.
EXPOSURE MAGAZINE TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.
Exposure Magazine is an international non–profitable authoritative publication on photography. It aims in discovering contemporary talent around the world. We believe that recognition and exposure are essential for photographers of all levels to move forward creatively and professionally. This belief underpins our ongoing efforts to share, celebrate and reward great photography.
Our Mission at Exposure Magazine is building a global online audience to recognize and promote the most exciting emerging photographers internationally. We want to help readers by enhancing their knowledge, polishing their photographic skills and providing guidance to aspirant photographers.
We at Exposure believe that recognition and exposure are essential for photographers of all levels to move forward creatively and professionally. This belief reinforces our ongoing efforts to share, celebrate and reward anyone involved in contemporary photography.
We are eager to publish appealing, thoughtful, insightful writing about all kinds of contemporary photography, including articles, reviews, critical essays, interviews and visual communications. We are looking for exciting work from every continent and from varied points of view. We’re happy to review your work and publish it on Exposure Magazine, if we feel your work is truly inspirational or exceptional.
You desire to publish your work in Exposure Magazine. In consideration of Exposure’s agreement to extend the service, you agree as follows:
You grant permission to Exposure Magazine to use all your submitted data including photographs, write-up (in case of feature and editor’s choice), answers (in case of an interview), bio and the profile image to publish on Exposure Magazine for once and you hereby agree to keep the data over there for perpetuate.
You authorize Exposure Magazine to use your data for Exposure Magazine related venture only including publishing on the website, social media promotion (with your copyright) and nowhere else.
The copyright along with all other rights of all the images that are shared with Exposure Magazine will exclusively remain with you (the photographer) only for perpetuate.
You hereby agree that all the submitted image(s)/article(s) shared with Exposure Magazine is/are a single work of original material created and/or taken by you.
You hereby agree that your submitted image(s)/article(s) does not contain any materials owned or controlled by a third party for which you have not obtained a license, permission or approval to use, must not infringe the copyright, trademark, moral rights, rights of privacy/publicity or intellectual property rights of any third person or entity, or violate any person’s rights of privacy or publicity person or entity.
It is agreed and understood between Exposure Magazine and you (the photographer/author) that Exposure Magazine is a non-profitable venture to promote photography and magazine authority is not earning any monetary benefit. You acknowledge that magazine authorities are not liable to pay any monetary compensation to you for publishing your data and you hereby agree not to claim the same at any point of time.
You (the photographer) hold(s) the right to share the set of images or the article(s) that is published on Exposure Magazine with any other publication house but after ninety days of the date of the publication of Exposure Magazine.
You authorize Exposure Magazine to use only the best images from your submitted set of images for publication and Exposure Magazine may not publish all the images submitted by you.
You authorize Exposure Magazine to hold the right to change the sequence of the images submitted by you for that particular publication.
You authorize Exposure Magazine to crop or resize in terms of dimension a particular image(s) among all the submitted images by you to use as the cover image of the magazine and for social media promotion if required.
Exposure Magazine reserves the right to keep or remove any particular image/article/interview/feature/editor’s choice at any point of time without informing you, if required.
You hereby agree that you have the right to publish the human element/property/media visible on the image(s), or the artwork in the image(s) and you own the rights to have these image(s) distributed, published, or otherwise and allow these image(s) to be promoted by Exposure Magazine as they see fit for their publication.
You hereby hold harmless, release, indemnify and discharge Exposure, their associates and representatives from all liability, claims, demands, controversies, agreements, damages, actions and causes of action whatsoever, arising out of or related in any way to the image(s).