Terms and Conditions

INTRODUCTION

As with any service, certain legally binding terms and conditions apply to Toehold’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 Toehold’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. Toehold 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.toehold.in (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 Toehold Travel and Photography Pvt. Ltd, a company incorporated under the Companies Act, 1956, India. Our corporate office address is 359, 2nd Floor, 16th Main, Jayanagar 4th ‘T’ Block, Bangalore – 560041, India (hereinafter referred to as “Toehold”, “Toehold’s”, “We”, “Us” or “Our”).

These terms and conditions are subject to change. Toehold 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 info@toehold.in, use the “Contact Us” feature on the Website or use the alternative modes of correspondence enlisted on that page.

WEBSITE TERMS

The website, www.toehold.in, is operated and owned by Toehold Travel & Photography Private Limited. Toehold and the Toehold logo are the exclusive registered trademarks of Toehold Travel & Photography Private Limited.

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

WORKSHOPS TERMS AND CONDITIONS

THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.

Toehold Travel & Photography Pvt. Ltd., (“Toehold”) arranges basic and advanced Photography and Digital Post-Processing Workshops in various cities within India. You desire to participate in a Workshop arranged by Toehold. In consideration of Toehold’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 Toehold, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you to INDEMNIFY, defend, and hold harmless Toehold, 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 Toehold, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Toehold, 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.

Toehold 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 Toehold 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.

Toehold reserves the exclusive right to decide the venue and the group size for each Workshop. Toehold also reserves the right to deny admission to anyone to a Workshop on its sole discretion, without obligation to furnish reasons.

Toehold reserves the right to cancel a Workshop at any stage before the Workshop without obligation to furnish reasons. However, Toehold will duly refund, or issue a credit note in lieu of, any fees paid.

Toehold may use pictures and videos of participants and activities taken during the Workshop, to promote Toehold and its services, without 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 Toehold’s knowledge, Toehold 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, Toehold 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. Toehold 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 Toehold before, during and after the Workshop, including course material documents, is the sole intellectual property of Toehold and any unauthorized reproduction, duplication, transmission etc., is strictly prohibited.

CANCELLATION AND REFUNDS: In the event of a cancellation or modification of your confirmed booking, Toehold’s Cancellation and Refund Policy for Photography Workshops will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.

DELIVERY METHOD: The service is considered delivered upon the completion of the stipulated duration of the Workshop. Toehold shall not be held liable to extend or reschedule a Workshop for the participants’ 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.

GUIDED PHOTOGRAPHY TOURS TERMS AND CONDITIONS

THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.

Toehold Travel & Photography Pvt. Ltd., (“Toehold”) 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 Toehold. In consideration of Toehold’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 Toehold can accept a deposit confirming your reservation. You understand that Toehold 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. Toehold 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, involves 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 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 Toehold purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, Toehold 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 Toehold, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you to INDEMNIFY, defend, and hold harmless Toehold, 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 group tour, adventure travel, photography trip/tours, safaris and expeditions, and the activities, services, and food arranged for you by Toehold, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Toehold, 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 Toehold 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, act of God, 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 the Bangalore, 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.

REFUNDS, LEVIES AND OTHER RIGHTS: Refunds or adjustments will be made or any additional charges may be levied if Toehold changes its program by adding, altering or deleting activities as deemed necessary by its directors in the best and safety interests of its participants. Toehold cannot accept responsibility for any personal item lost or damaged by fire or theft. Toehold may use any pictures or videos taken of the participants during the participating trip. This includes digital images which may be posted on our website for our promotional and marketing activities.

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 Toehold Travel & Photography Pvt. Ltd, 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.

CANCELLATION AND REFUNDS: In the event of a cancellation or modification of your confirmed booking, Toehold’s Cancellation and Refund Policy for Photography Tours will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.

DELIVERY METHOD: This service is considered delivered once you, as the Tour participant, complete the scheduled duration of the Tour as per the set itinerary. No requests for extension, modification or substitution of itinerary will be entertained in the event of the participant’s failure to attend a part or whole of the Tour after registration, and you agree that this does not constitute a breach of or insufficiency in service.

RENTALS REGISTRATION TERMS AND CONDITIONS

These Terms and Conditions form part of the rental contract/agreement hereinafter referred to as the “Rental Contract” between you (The Customer) and Toehold Travel & Photography Private Limited herein referred to as the “Toehold” and apply to all the photography equipment (Equipment) hired by you. These terms and conditions constitute provisions and guide to interpretation of the Rental Contract. In the event of a conflict between these stated terms and conditions and the Rental Contract, the terms of the Rental Contract shall prevail.

PRE-ACCEPTANCE / ACCEPTANCE: You will, prior to acknowledging receipt of the equipment, test and examine the Equipment to determine that the Equipment is in good working order. You may test the Equipment at the rental facility, on location, or at another place. By acknowledging the receipt of the Equipment you are considered to have taken the delivery of the Equipment and therefore assume all risks associated with the Equipment till the time it is returned to Toehold. You must notify Toehold of any defective or inoperable Equipment immediately upon discovering the defect. Unless you notify Toehold of a defect or problem with the Equipment supplied, you agree that the Equipment is in good working order and that the Equipment is acceptable to you.

PICKUP AND DELIVERY: You pickup and return the Equipment from our office premises during the business hours and during non-business hours based on special requests. At your request Toehold will arrange for delivery and pickup of the photography Equipment to/from the specified designated location. Pick-up/Delivery charges will apply as applicable.

YOUR RESPONSIBILITIES WITH REGARD TO THE EQUIPMENT: Once you have taken delivery of Equipment, you assume all risks of loss and damages to the Equipment that might occur during the term of rental and beyond until the Equipment is returned to Toehold. You will upon delivery verify that the Equipment delivered is in working condition and has come with the required accessories and fixtures as mentioned in the delivery note. Your responsibility ends with the return of Equipment to Toehold in good working condition, after the specified term of rental and an acknowledgement of receipt by Toehold is given to you.

RESTRICTIONS ON THE USAGE OF EQUIPMENT: You agree that you will use the Equipment within the framework of law and shall ensure that the Equipment will be in your sole custody. You may not sublease all or any part of the Equipment without written/email communication and consent of Toehold. You may not remove or cover any serial numbers, tags, nameplates, logos on the Equipment showing ownership by Toehold.

NO WARRANTY OR GUARANTY OR INSURANCE: Except as provided by the law, Equipment is rented to you without warranty, guaranty or insurance of any kind, expressed or implied, and Toehold assumes no responsibility unless agreed to in writing. Should you so desire, you shall at your expense, and at all times during the rental, maintain in full force and effect insurance covering all Equipment rented for full replacement cost. Coverage must begin from the time you or your representative accept delivery of the Equipment and continue until the time the Equipment is returned. You will explicitly mention to the Insuring Company, that the Equipment is owned by Toehold.

DEFECTIVE/DAMAGED/LOST/STOLEN EQUIPMENT: DEFECT: While in the field, as soon as you discover that the Equipment is defective, you shall notify Toehold of the problem and if necessary return the Equipment to Toehold. Toehold will make reasonable effort to replace the Equipment or refund the money. If the defect is due to damage caused by you, Toehold reserves the right to recover the full cost of repair and any other costs incurred for the repair of the Equipment.

DAMAGES: Upon return of damaged Equipment, Toehold will ascertain the extent of the damage and the required repairs. In determining whether the Equipment shall be replaced or repaired, Toehold’s judgment shall be conclusive upon you. Should Toehold determine that the Equipment must be replaced, you will be responsible for the cost to replace the same item at the current prevailing retail prices less any discounts available, without deduction for depreciation.

LOST, STOLEN OR DESTROYED EQUIPMENT: In the event Equipment is lost, stolen or destroyed that after delivery to you, you will be responsible for all damages and/or/any loss, not limited to, due to scratching of lenses, CCD, unauthorized internal adjustments or repairs to Equipment, water or rain, willful or neglectful misuse or willful or neglectful loss, theft, unexplained loss, damage or disappearance, warlike action or any governmental action, such as confiscation or seizure, fraudulent or dishonest act and you will replace the same item at the current prevailing retail prices. In the event of loss/theft, as soon as you realize that the Equipment is missing, you will notify Toehold and file an FIR at the jurisdictional police station.

RENTAL CHARGES AND LATE CHARGES: You must return the Equipment on the date specified in the delivery challan/requisition form. Failure to return on the specified date will be subject to levy of additional charges. The charges are calculated on a 24-hour check-in and checkout basis. If you return the Equipment in a damaged or non-working condition, the rental period will be extended by the shortest reasonable time necessary to repair such damage or replace non-repairable Equipment. The extended rental period shall apply only to the damaged or non-working item(s), unless the item(s) forms a part of other Equipment. There may be delays in repair or replacement attributable to causes beyond Toehold’s control. WEEKDAYS, WEEKENDS AND HOLIDAYS: You will be charged the daily rental rate for weekdays. Weekend days and holidays may attract a premium as specified during the time of the rental. MINIMUM CHARGES: There may be minimum rental periods and/or special minimums applicable to Equipment to be used locally as well as other than locally.

PAYMENT TERMS, CREDIT INFORMATION AND CANCELLATIONS: The terms of payment are based upon credit information Toehold supplies at the time of rental. Requiring immediate payment or allowing credit payment is subject to Toehold’s discretion. PAYMENT TERMS: All Equipment rental invoice/bills are payable immediately in advance before renting the Equipment. The payment can be made by cash, cheque, credit/debit card or online transfer. Cheque and online-transfer payments are subject to realisation and the Equipment will be rented after realisation only. CANCELLATION POLICY: In the event of cancellation during or before the rental term, cancellation charges may apply in consideration of Toehold’s preparing, holding in reserve or blocking the Equipment on your behalf. By keeping Toehold informed of your schedule you can either minimize or avoid cancellation fees. Toehold shall be entitled to compensation, not to exceed the lease payments, for any losses Toehold may sustain because of your cancellation of all or part of an order.

TITLE AND OWNERSHIP: You specifically acknowledge Toehold’s title and ownership of the Equipment and must keep the Equipment free of all liens, levies and encumbrances. You shall not assign or pledge the Equipment.

RIGHTS OF RECOVERY AND INSPECTION: Toehold shall have the right to recall the Equipment during the rental term specifying valid reasons for return. You shall make any and all arrangements necessary to permit a Toehold’s employee access to the location of the Equipment. If a breach of any of the provisions of the Rental Contract occurs, Toehold has the right to remove/recover all of the Equipment without any liability to you, and without prejudice to Toehold’s right to receive rent due or accrued to, including the date of removal of the Equipment.

FOREIGN USE : You must notify Toehold of your intention to use the Equipment outside India and gain their permission to do so. You will register the Equipment with the Customs prior to leaving India and you agree to pay any customs and levies that may be imposed on you owing to your failure of registering the Equipment with the said authority.

MISCELLANEOUS ASPECTS OF THE RENTAL CONTRACT / AGREEMENT: This agreement/contract shall be governed by the laws of Government of India. The Rental Contract shall be deemed to have been made in the State of Karnataka and shall be interpreted and the rights and liabilities of the parties determined, in accordance with the laws of the State of Karnataka. When the customer is a company / organisation: The person executing the Rental Contract on behalf of such company / organisation warrants that he/she has full authority of such corporation to sign the Rental Contract and obligates the corporation. The said person and the corporation shall be jointly and severally liable for all rentals and all other sums that may be at any time due and owing to Toehold under the terms of the Rental Contract. DEFAULT AND BREACH OF TERMS: Each Rental Contract includes provisions for remedies in the event of default by you in payment of rent, or your breach of any terms of the Rental Contract, etc. Please read these sections in the Rental Contract carefully to understand your rights. ENTIRE AGREEMENT: The signed Rental Contract and these Terms & Conditions constitute the entire agreement between you and Toehold. Any changes must be made in writing and agreed to by both parties.

INDEMNIFICATION: You agree to indemnify Toehold and to hold Toehold and its employees and agents harmless from and against any and all losses, damages, claims, demand or liability of any kind or nature whatsoever, including legal expenses, arising from the use, condition (including, without limitation, latent and other defects) or operation of the Equipment, and by whosoever used or operated during the rental term. This indemnification shall continue in full force and effect during and after the term of the rental for causes arising during the term of the rental.

ASSUMPTION OF RISK: To the fullest extent permitted by applicable law, you expressly assume any and all risks arising from, caused by using any Equipment rented by Toehold, 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.

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, act of God, 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 the Bangalore, 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 Toehold Travel & Photography Pvt. Ltd., is materially relying on this waiver and is allowing you to avail of the photography equipment rental service.

CANCELLATION AND REFUNDS: In the event of a cancellation or modification of your confirmed booking, Toehold’s Cancellation and Refund Policy for Equipment Rentals will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.

CUSTOM VACATIONS TERMS AND CONDITIONS

THIS AGREEMENT CONTAINS PROVISIONS WHEREBY YOU SURRENDER CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY.

Toehold Travel & Photography Pvt. Ltd., (“Toehold”) arranges bespoke tours and vacations in India and abroad. You desire to avail of Toehold’s services in planning your customized vacation. In consideration of Toehold’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 Toehold can accept a deposit confirming your reservation. You understand that Toehold 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. Toehold 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, involves 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 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 Toehold purchases outsourced services, transportation services, hotel accommodations and lodging, restaurant services and other services from various independent contractors and suppliers and therefore, Toehold 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 Toehold’s offer to arrange your vacation, and the activities, services, and food arranged for you by Toehold, you (“Indemnitor”), agree on behalf of yourself and any such minors accompanying you, to INDEMNIFY, defend, and hold harmless Toehold, 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 Toehold’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 Toehold, you (“Releasor”), agree on behalf of yourself and any such minors accompanying you to RELEASE Toehold, 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 Toehold, 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 Toehold 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, act of God, 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 the Bangalore, 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.

REFUNDS, LEVIES AND OTHER RIGHTS: Refunds or adjustments will be made or any additional charges may be levied if Toehold changes its program by adding, altering or deleting activities as deemed necessary by its directors in the best and safety interests of its participants. Toehold cannot accept responsibility for any personal item lost or damaged by fire or theft. Toehold may use any pictures or videos taken of the participants during the participating trip. This includes digital images which may be posted on our website for our promotional and marketing activities.

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 Toehold Travel & Photography Pvt. Ltd., 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.

CANCELLATION AND REFUNDS: In the event of a cancellation or modification of your confirmed booking, Toehold’s Cancellation and Refund Policy for Custom Vacations will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.

DELIVERY METHOD: This service is considered delivered upon your scheduled travel and completion of the planned itinerary as per the travel plan designed by Toehold. Toehold 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 commencement of travel and you agree that this does not constitute a breach of or insufficiency in service.

PRODUCTS TERMS AND CONDITIONS

Toehold makes photography beanbags called ‘dimBu’ and may offer other products (“Toehold Product”). In lieu of the sales transaction, you agree to the following terms:

WARRANTY: TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TOEHOLD DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, TOEHOLD LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT TOEHOLD’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW.

Toehold warrants the Toehold Product against defects in materials and workmanship when used normally in accordance with Toehold’s published guidelines for a period of THREE (3) MONTHS from the date of original retail purchase by the end-user purchaser (“Warranty Period”).

If the Product is found to be defective in spite of the exclusions listed below, Toehold will repair the Product to restore it to a pristine condition or replace it with a new unit. The decision to repair or replace will rest entirely with Toehold and the discretion of its authorised representatives.

This warranty does not apply: (a) to cosmetic damage, including but not limited to scratches, dents and superficial peeling of the cloth; (b) to damage caused by use with another product; (c) to damage caused by accident, abuse, misuse, liquid contact, fire or other external causes; (d) to damage caused by overloading or mishandling the Product (e) to a Toehold Product that has been modified to alter functionality or capability without the written permission of Toehold; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Product; or (i) to a non-genuine Product, i.e. a Product not purchased directly by Toehold.

Toehold’s Warranty applies to only original Toehold Products, manufactured, branded, marketed and sold by Toehold. Toehold may from time to time offer products not originally manufactured or owned by Toehold, through an affiliation or partnership with the product owner/original seller. In such cases, the warranty, if any, of the original product manufacturer will apply/prevail, and any claim against defects in the product will have to be made to the manufacturer directly.

LIMITATION OF LIABILITY: EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOEHOLD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OF IMAGES; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF REPAIRING THE TOEHOLD PRODUCT.

Toehold shall not be held liable for any damage to property, personal injury or damage to equipment being used with the Toehold Product, that may occur during the use of the Product in line with or in violation of Toehold’s suggested way of use.

You agree to use the Product in full compliance with the law and to not employ it in any nefarious, illegal or malicious acts and that Toehold shall not be held liable in any way for the consequences arising out of such use.

CANCELLATION AND REFUNDS: In the event of a cancellation of order or return, Toehold’s Cancellation and Refund Policy for Products will be applicable, and you fully agree to be bound by them. Any refunds will be made within 14 working days from the date of written confirmation of cancellation, via the same mode with which the payment was made to us.