The Magical Shivling Peak: Tapovan & Nandanvan

1. Parties and Purpose

This Indemnity Bond, Assumption of Risk, Release of Liability and Participant Agreement (the “Agreement”) is made between thEscape, including its proprietors, partners, employees, workshop leaders, tour coordinators, guides, drivers, contractors, agents, representatives, successors and assigns (collectively, the “Organizer”), and the undersigned participant (the “Participant”).

This Agreement governs the Participant’s registration for, travel to, attendance at, and participation in the Tapovan and Nandanvan Landscape & Astro-Landscape Photography Trek Workshop and in all related activities, whether scheduled, modified, substituted, optional, incidental, instructional, transit-related, accommodation-related, or emergency-related.

2. Voluntary Participation

The Participant confirms that participation is entirely voluntary and undertaken at the Participant’s own risk. The Participant understands that the Workshop includes outdoor travel, long-distance road movement, night photography sessions, movement in remote terrain, possible exposure to heat, dust, dehydration, fatigue, wildlife, insects, traffic hazards, basic facilities, delayed access to medical treatment, and changing weather or ground conditions.

3. Acknowledgement and Assumption of Risks

The Participant expressly acknowledges and accepts all inherent, foreseeable, and unforeseeable risks associated with the Workshop, including risk of bodily injury, permanent disability, mental trauma, illness, infection, allergy, food-related illness, altitude or climate-related discomfort, property loss, equipment damage, accident, delay, and death.

These risks may arise from, among other things:

• Travel by air, rail, road, private vehicle, taxi, tempo traveller, bus, jeep, or any other mode of transport.
• Terrain conditions, darkness, cliffs, uneven surfaces, salt flats, desert conditions, roadside movement, slips, trips, falls, or collisions.
• Weather, dust storms, wind, rain, lightning, heat exposure, sun exposure, dehydration, exhaustion, and other natural forces.
• Acts, omissions, negligence, or misconduct of the Participant, other participants, third-party vendors, accommodation providers, transport providers, tourists, bystanders, or unknown persons.
• Limited communication networks, delayed rescue, lack of immediate medical infrastructure, or inability to access specialized treatment in time.
• Handling, carrying, mounting, charging, operating, or transporting cameras, lenses, tripods, drones where lawful, batteries, vehicles, and other personal or supplied equipment.

The Participant knowingly and freely assumes all such risks, whether known or unknown, and accepts full personal responsibility for all consequences arising from participation.

4. Health, Fitness and Medical Disclosure

The Participant represents and warrants that the Participant is physically and mentally fit to participate and is not aware of any condition that may create additional risk to the Participant or others.

The Participant agrees to disclose, before the Workshop begins, any relevant medical condition, allergy, injury, disability, medication requirement, or other circumstance that may affect safe participation.

The Organizer may, at its sole discretion, decline, restrict, suspend, or terminate the Participant’s involvement if the Organizer reasonably believes that the Participant’s health, conduct, or condition may endanger the Participant, the group, or the operation of the Workshop. Such action may be taken without refund where safety, logistics, group welfare, or legal compliance so requires.

5. Emergency Medical Consent

In the event of illness, injury, incapacity, or emergency, the Participant authorizes the Organizer to arrange first aid, hospitalization, evacuation, transportation, rescue, or medical treatment as deemed reasonably necessary under the circumstances. The Participant understands that the Organizer is under no obligation to provide medical insurance and does not guarantee the availability, quality, speed, or success of medical response.

The Participant agrees to bear and reimburse, on demand, all costs and expenses arising from any medical care, rescue, evacuation, emergency transportation, lodging change, or related assistance provided or arranged on the Participant’s behalf.

6. Release and Waiver of Claims

To the fullest extent permitted by applicable law, the Participant irrevocably releases, waives, acquits, and forever discharges the Organizer from any and all claims, demands, causes of action, damages, losses, liabilities, penalties, costs, and expenses of every kind, whether in contract, tort, statute, equity, or otherwise, that arise out of or relate to the Participant’s registration, travel, attendance, participation, delayed return, injury, illness, death, property loss, equipment damage, cancellation, route change, or any Workshop-related activity.

This release is intended to apply even where a claim is alleged to arise from negligence, act, omission, error of judgment, scheduling decision, transport arrangement, accommodation issue, route selection, photography stop management, or supervision by the Organizer, except to the extent that such waiver is prohibited under applicable law.

7. Indemnity and Hold Harmless

The Participant agrees to defend, indemnify, and hold harmless the Organizer from and against any and all third-party claims, actions, proceedings, liabilities, damages, penalties, losses, costs, and expenses, including reasonable legal fees and enforcement costs, arising out of or connected with:

• The Participant’s act, omission, negligence, misconduct, intoxication, unlawful conduct, or breach of this Agreement.
• Damage to property, vehicles, accommodation, equipment, natural habitat, or the belongings of any other person caused by the Participant.
• Injury, loss, or damage suffered by any other participant, vendor, guide, driver, local resident, or third party due to the Participant’s conduct.
• Any claim brought by or on behalf of the Participant’s family members, dependants, representatives, heirs, executors, administrators, or accompanying minors.

8. Personal Property and Photography Equipment

The Participant remains solely responsible for all personal belongings, luggage, cash, identification documents, cameras, lenses, filters, drones, batteries, hard drives, tripods, accessories, and any rented or borrowed gear in the Participant’s custody.

The Organizer shall not be liable for theft, loss, confiscation, breakage, transit damage, moisture damage, power-related damage, mishandling by third parties, or any consequential loss arising from non-use of equipment.

Any loss or damage caused by the Participant to vehicles, hotel property, homestays, camps, equipment supplied by the Organizer, or third-party property shall be fully recoverable from the Participant.

9. Conduct, Safety and Compliance

The Participant agrees to comply at all times with instructions issued by the Organizer, workshop leaders, guides, drivers, local coordinators, accommodation providers, and authorized representatives in relation to safety, timing, transport, rooming, conduct, and photography operations.

Without limitation, the Participant agrees that:

• Group call times, departure times, and photography schedules are mandatory.
• Photo stop duration, movement zones, and equipment setup areas shall be decided by the Organizers.
• Respectful behavior toward co-participants, staff, local communities, wildlife, and the environment is mandatory.
• Sexual Harassment, abuse, threats, violence, discrimination, reckless conduct, intoxication affecting safety, illegal drug possession or use, and willful non-compliance are strictly prohibited.
• Smoking must not disturb others or violate local rules, and alcohol, if permitted by the Organizer, may only be consumed in a controlled manner that does not impair safety, discipline, or group harmony.
• Littering, environmental damage, trespass, violation of local laws, or unauthorized drone activity are prohibited.

The Organizer may remove the Participant from any activity or from the entire Workshop without refund if, in the Organizer’s reasonable opinion, the Participant creates risk, disrupts the group, violates law or policy, damages goodwill, or fails to comply with instructions.

10. Itinerary Changes, Delays and Force Majeure

The Participant understands that itineraries, accommodations, transport arrangements, photography spots, route plans, meal plans, and session timings are subject to change without prior notice because of weather, road conditions, permissions, closures, political or civil disturbance, vehicle issues, medical concerns, local restrictions, safety considerations, insufficient participation, supplier defaults, or any event beyond the Organizer’s reasonable control.

No representation is made that any specific location, sunrise, sunset, astro session, wildlife sighting, route, room category, or planned image opportunity will be available or achieved. Where feasible, the Organizer may provide a reasonable alternative, but no refund, compensation, or damages shall be payable for missed experiences, modified plans, shortened sessions, or delays, except where mandatorily required under applicable law.

Any additional cost arising from delay, diversion, medical event, personal preference, weather hold, force majeure event, or Participant-specific requirement shall be borne exclusively by the Participant.

11. No Refund for Voluntary Withdrawal or Removal

If the Participant withdraws, leaves the group early, misses transport, skips a scheduled segment, undertakes independent sightseeing, or is removed for misconduct, safety, health, or non-compliance reasons, the Participant shall not be entitled to any refund, credit, reimbursement, or compensation from the Organizer. All resulting costs of return travel, accommodation, local transport, penalties, and personal arrangements shall be borne solely by the Participant.

12. Independent Activities

Any activity undertaken by the Participant outside the announced group program, including solo walks, unscheduled exploration, private transport use, separate accommodation arrangements, third-party bookings, personal drone operation, or independent sightseeing, is entirely at the Participant’s sole risk and outside the Organizer’s responsibility, even if it occurs during the Workshop dates.

13. Photography, Media and Publicity Consent

The Participant grants the Organizer an irrevocable, worldwide, perpetual, royalty-free right and license to photograph, record, reproduce, publish, display, distribute, edit, adapt, transmit, and use the Participant’s name, voice, likeness, image, video clips, behind-the-scenes footage, testimonials, and photographs created during or in connection with the Workshop for promotional, editorial, educational, archival, social media, advertising, and commercial purposes, in any format now known or later developed, without further notice, approval, or compensation.

The Participant waives any right to inspect or approve the finished use of such materials and releases the Organizer from claims relating to defamation, privacy, publicity rights, or alteration, except where prohibited by law.

The photographs, videos, and other creative content created by the Participant during or in connection with the Workshop shall remain the sole and exclusive property of the Participant, and the Organizer shall have no right to use, reproduce, publish, distribute, display, edit, or exploit the same in any manner whatsoever without the Participant’s prior written permission and appropriate credit.

14. Minors

No participant below 18 years of age may participate unless specifically accepted by the Organizer and accompanied or authorized in the manner required by the Organizer. In the case of a minor, the parent or legal guardian signing below confirms that the guardian has read and accepted this Agreement for and on behalf of the minor, consents to the minor’s participation, assumes all risks relating to the minor, and agrees to indemnify and hold harmless the Organizer against claims connected with the minor’s participation, to the fullest extent permitted by law.

15. Governing Law, Jurisdiction and Severability

This Agreement shall be governed by and construed in accordance with the laws of India. Subject to applicable law, courts having jurisdiction at Delhi shall have exclusive jurisdiction over disputes arising out of or relating to this Agreement.

If any provision of this Agreement is found invalid, illegal, or unenforceable, the remaining provisions shall continue in full force to the maximum extent permitted by law. Any unenforceable provision shall be interpreted so as to best reflect the original intent while remaining legally valid.

16. Entire Agreement and Binding Effect

This Agreement constitutes the entire understanding between the Participant and the Organizer in relation to risk allocation, liability waiver, conduct, emergency consent, and participation conditions for the Workshop, and supersedes any inconsistent oral statement or informal communication on those topics.

This Agreement shall be binding upon the Participant and the Participant’s heirs, next of kin, family members, dependants, legal representatives, executors, administrators, and assigns.

17. Participant Declaration

The Participant declares and confirms that:

• The Participant has read this Agreement carefully and fully understood its legal consequences.
• The Participant understands that this document affects important legal rights, including the right to bring claims against the Organizer.
• The Participant signs this Agreement voluntarily, without coercion, and intends to be legally bound by it.
• The Participant is medically fit for the Workshop and has disclosed all material health information relevant to safe participation.
• The Participant accepts that adventure travel, outdoor photography, night sessions, and remote conditions cannot be made completely risk-free.

18. Emergency Contact

In case of emergency, the Organizer may contact:

Name: __________________________________________
Relationship: ____________________________________
Phone: _________________________________________
Address: _______________________________________

19. Participant Details and Signature

Participant Name: __________________________________________
Date of Birth: _____________________________________________
Age: _____________________________________________________
Address: _________________________________________________
Email: ____________________________________________________
Phone: ___________________________________________________
Government ID Type/Last 4 Digits: ___________________________
Signature of Participant: ___________________________________
Place: ____________________________________________________
Date: ____ / ____ / ________

20. Parent/Guardian Consent for Minor Participants

To be completed only where the Participant is below 18 years of age.

Name of Minor Participant: __________________________________
Name of Parent/Legal Guardian: ______________________________
Relationship to Minor: ______________________________________
Phone: ___________________________________________________
Address: _________________________________________________