GENERAL TERMS AND CONDITIONS
NATURAL EXPOSURES, INC.

These GENERAL TERMS AND CONDITIONS (“Terms”) govern the provision of any Tour (defined herein) provided by Natural Exposures, INC., a Montana profit corporation, with mailing address of 810 North Wallace Unit E, Bozeman, Montana 59715 (“Natural Exposures”). By purchasing or otherwise participating in a photographic tour provided by Natural Exposures (the “Tour(s)”), you (“Client” together with Natural Exposures, the “Parties” and each a “Party”) acknowledge and agree to be bound by these Terms, together with any applicable Terms or other documents incorporated by reference. These Terms shall apply to any Tour booked by the Client with Natural Exposures.

1. SCOPE OF TOUR.

1.1.Natural Exposures specializes in organizing and hosting international photographic tours. Tours may include itinerary planning, photographic instruction or guidance, coordination with third-party vendors, and group travel activities, as identified in the Natural Exposures Photo Tours section of Naturalexposures.com.

2. FEES AND EXPENSES.

2.1.Specific pricing and payment schedules are disclosed in the photo tour description. Unless otherwise stated, deposits are non-refundable, and Natural Exposures reserves the right to terminate any Tour in its sole discretion.

2.2.The Client shall make a deposit at the time of booking a Tour (“Deposit”). Deposits are non-refundable, and no partial refunds are available for unused Tours.

2.3.The Fee is determined by regional tariffs and exchange rates in effect at the time a Tour is planned and advertised, and may be subject to adjustment in the event of significant changes that affect price.

3. TERMINATION AND CHANGES TO TOUR.

3.1.Natural Exposures reserves the right, in its sole discretion, to substitute, cancel, or modify portions of a Tour, including but not limited to accommodations, activities, personnel, or transportation identified within the itineraries presented to the Client, displayed on Natural Exposures’ website. Natural Exposures is not responsible for costs or expenses incurred by the Client as a result of such changes to a Tour, nor shall Natural Exposures refund any portion of the fee for changes to a Tour made pursuant to this Section herein.

3.2.The Client may terminate these Terms, effective upon written Notice to Natural Exposures, without cause, by providing at least thirty (30) days’ Notice to the other Party. On the Client’s written request to terminate a Tour, Natural Exposures may, but is not obligated to, attempt to resell or rebook the terminated Tour to a third-party. Any such efforts shall be undertaken solely at Natural Exposures’ discretion. In the event Natural Exposures successfully resells the terminated Tour for the same time period and scope provided hereunder, Natural Exposures may, in its discretion, refund to Client all or a portion of the installment payment of the Fee previously paid, less the Deposit and any administrative costs, expenses, or losses incurred by Natural Exposures in connection with the termination and resale.

4. CLIENT’S OBLIGATIONS.

4.1.Client shall:

(a)cooperate with Natural Exposures in all matters relating to a Tour;

(b)provide access to the materials and information to the extent necessary for the performance of a Tour;

(c)respond promptly to any Natural Exposures request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Natural Exposures to perform a Tour in accordance with the requirements of these Terms;

(d)provide such Client materials and information as Natural Exposures may reasonably request in order to carry out a Tour in a timely manner and ensure that it is complete and accurate in all material respects; and

(e)at Client’s expense, obtain, acquire, maintain, and ensure the validity of all licenses, visas, permits, authorizations, immunizations, and any other travel or entry documents required to facilitate the performance of a Tour. Natural Exposures shall have no obligation to verify the adequacy or validity of such documents, and any delay, suspension, or inability to perform a Tour resulting from Client’s failure to obtain or maintain required travel documentation shall not constitute a breach of these Terms by Natural Exposures.

4.2.Before the date on which a Tour is to start, the Client shall obtain, and at all times for the duration of the Tour, maintain all necessary licenses, visas, authorizations, and consents, and shall comply with all applicable laws governing the provision of the Tour.

4.3.If Natural Exposures’ performance of its obligations under these Terms is prevented or delayed by any act or omission of Client or its agents, consultants, or employees outside of Natural Exposures’ reasonable control, Natural Exposures shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges, or losses sustained or incurred by Client, in each case, to the extent arising directly or indirectly from such prevention or delay.

4.4.Participant will not be refunded for a Tour as a result of being unable to travel due to invalid travel documents or issues with immunization, testing, or health documentation requirements.

5. MARKETING.

5.1.Client acknowledges and agrees that Natural Exposures may collect, record, publish, post, transmit, and/or display my name, voice, image and likeness, quotes, and testimonials (collectively the “Media”). Client hereby waives any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with the Media now or in the future, whether Media use is known to the Client or unknown. Client understands that all Media remains the property of the Natural Exposures, and waives all rights to original Media, copies of Media, royalties, entitlements, payment, or any other compensation or quid pro benefits which might arise from or relate to the Natural Exposures’ use of the Media. The Client voluntarily releases and holds harmless Natural Exposures, its members, employees, independent contractors, vendors, and agents acting officially or otherwise, from all manner of suits, actions, claims, demands, and liabilities which may arise from such Media or Client’s authorization.

6. PARTY RELATIONSHIP.

6.1.The details of the method and manner for performance of a Tour by Natural Exposures shall be under its own control, Client being interested only in the results thereof. Natural Exposures shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of a Tour. Nothing in these Terms shall give Client the right to instruct, supervise, control, or direct the details and manner of the completion of a Tour. Natural Exposures is, for all purposes hereunder, an independent contractor, and in no event will Natural Exposures be considered an agent or employee of Client or any of its subsidiaries or affiliates for any purpose. Natural Exposures assumes no liability for any loss, damage, injury, death, accident, delay, or other event which may be occasioned either by reason of a defect in any vehicle or conveyance, or for any other reason whatsoever, or through the acts or omissions of any Natural Exposures or persons engaged in conveying the Client in conjunction with a Tour.

7. INSURANCE; MEDICAL EVACUATION

7.1.Client acknowledges that travel insurance and medical insurance are not required as a condition of these Terms; however, Client is strongly encouraged to obtain and maintain appropriate insurance coverage of the same for the duration of a Tour. Coverage should include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and other potential losses, damages, expenses, and/or liabilities. Natural Exposures is not responsible or liable for any loss, damage, expense, cost, or any other travel issue.

7.2. Natural Exposures makes no representations regarding the adequacy of such insurance coverage maintained by the Client, and Natural Exposures shall have no responsibility or liability arising from the Client’s decision not to obtain such coverage.

7.3.Client hereby consents to receive medical treatment and emergency services deemed necessary by Natural Exposures if Client is injured or requires medical attention during participation in a Tour or Activities. This consent does not impose a duty upon the Natural Exposures to provide such assistance, transportation, and/or emergency services. Client acknowledges that hospital facilities or appropriate medical facilities or doctors may be unavailable at the location of a Tour, and, in such a case, evacuation can be prolonged, difficult, and expensive for the Client. The Client agrees that Client is solely responsible for all costs related to such medical treatment and any related medical transportation and evacuation, and agrees to release, forever discharges, and hold harmless the Natural Exposures from any claim based on such treatment or other medical Tour.

8. FORCE MAJEURE.

8.1.Natural Exposures shall not be liable nor responsible to the Client, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation under these Terms, when and to the extent such failure or delay is caused by or results from acts beyond the Natural Exposures’ reasonable control, including without limitation, the following force majeure events (each individually a “Force Majeure Event”): acts of God, including flood, fire, earthquake, or other natural disasters; pandemic or epidemic; war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; government order, law, or actions; national or regional emergency; strikes or labor stoppages or shortages; or other events beyond the reasonable control of the Natural Exposures. The failure or inability of Natural Exposures to perform its obligations in these Terms due to a Force Majeure Event shall be excused, and Natural Exposures shall have the right to cancel a Tour.

9. ASSUMPTION OF RISK; WAIVER AND RELEASE.

9.1.COVID and Other Infectious Diseases. Client is aware of the highly contagious nature of bacterial and viral diseases, including COVID-19 and other infectious diseases (collectively, the “Disease”) and the risk that Client may be exposed to or contract the Disease by voluntarily participating in a Tour, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. Client acknowledges that these risks may result from or be compounded by the actions, omissions, or negligence of Natural Exposures employees or others, including negligent emergency response or rescue operations of Natural Exposures. Client understands that Natural Exposures cannot guarantee that Client will not be injured or become infected with the Disease or other infectious diseases during participation in a Tour and engaging in the Activities (defined below) may increase the risk of contracting the Disease.

9.2.Inherent Risks of Activities:

9.2.1.Client is aware and understands, and voluntarily agrees to participate in the activities of the Client’s choosing that Natural Exposures has planned while on a Tour (the “Activities”). Activities will be conducted with other clients, and potentially may include inherent risks such as: strenuous physical activities and sporting and recreational opportunity; exposure to known and unknown dangers in the areas; uneven and varying surfaces; marked and unmarked obstacles; highly varied and rapidly changing weather and environmental conditions; unknown ingredients or foods that may cause choking, allergic reactions, and illnesses such as food poisoning; all “acts of nature” including but not limited to avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature, and other weather conditions; possible equipment failure and/or malfunction of Client’s own or others’ equipment, which may have been rented, borrowed, or personally owned; Client’s own negligence and/or the negligence of others, including Natural Exposures and vendors, employees, agents, independent contractors, or representatives of the Natural Exposures; cold weather and heat related injuries and illness including, but not limited to frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration; attack by or encounter with insects, reptiles, and/or wild animals; accidents or illness occurring in remote places where there are no available medical facilities; fatigue, chill, and/or dizziness, which may diminish reaction time and increase the risk of accident, sense of balance, physical coordination, and ability to follow instructions (the “Inherent Risks”) which may cause or involve a risk of injury, death, disability, and/or property damage.

9.2.2.Client acknowledges and understands that participation in a Tour involves travel to foreign countries that may be subject to a U.S. Department of State Level 3 (“Reconsider Travel”) or Level 4 (“Do Not Travel”) advisory, and that such travel involves significant risks, both foreseen and unforeseen, that are substantially greater than those encountered in Client’s daily life. These risks include, without limitation, political instability; civil unrest; riots, demonstrations, strikes, or mass protests; terrorism; armed conflict; insurgent or guerrilla activity; arbitrary detention, arrest, interrogation, or imprisonment; suspension of civil liberties; curfews or martial law; heightened military or law-enforcement presence; targeting of foreigners or U.S. citizens; limited or unavailable access to U.S. consular assistance; sudden changes in laws, regulations, or visa requirements; confiscation of passports or personal property; criminal liability for conduct lawful in the United States; corruption, bribery, or extortion; violent crime, theft, robbery, assault, kidnapping, or sexual assault; unsafe or unreliable transportation and infrastructure; airport closures or travel disruptions; power, fuel, or communication outages; limited, inadequate, or unavailable medical facilities or emergency services; delays in medical evacuation; exposure to infectious disease or unsanitary conditions; environmental or geographic hazards; and extreme weather or natural disasters. Client further acknowledges that these risks may arise from the acts or omissions of governments, military forces, law-enforcement authorities, private actors, third parties unaffiliated with Natural Exposures, or from conditions beyond the control of Natural Exposures, and that such risks may result in serious personal injury, permanent disability, death, or property loss, and may occur without warning.

9.2.3.Client is aware and understands that to participate in a Tour and the Activities described above, Client may be required to be a passenger in unknown vehicles, which may be owned or operated by Natural Exposures or any other unknown third party. Client is willing to assume the risks associated with being a passenger in these vehicles with unknown or known drivers and other risks, including, but not limited to, vehicular travel and traffic, road and trail conditions, equipment failure, driver error or negligence, and rider error or negligence. Client is aware that the drivers associated with the Natural Exposures are not professional and may be members, officers, employees, independent contractors, vendors, affiliates, volunteers, or other Retreat Clients of the Natural Exposures.

BY BOOKING THIS TOUR, YOU ARE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD NATURAL EXPOSURES  LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES CLIENT MAY SUFFER DUE TO NATURAL EXPOSURES’ ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE NATURAL EXPOSURES’ FAILURE TO EXERCISE REASONABLE CARE.

9.3.In acknowledging the foregoing Section, Client, confirms on behalf of itself and anyone who obtains any rights from or through Client, to the fullest extent allowed by law, hereby forever and irrevocably EXPRESSLY WAIVES, RELEASES AND DISCHARGES the Natural Exposures and its respective parents, subsidiaries, owners, contractors, subcontractors, licensees, designees, insurers, personal and legal representatives, officers, directors, member(s), manager(s), employees, agents, independent contractors, vendors, affiliates, lessors, lessees, volunteers, staff, and the successors and assigns of each of the foregoing; any other individual or entity with an interest in a Tour, the Activities, the locations at which the Activities take place; any individuals or entities involved in any capacity with Tour and the Activities; and other Clients in the Activities (collectively, “Releasees”) from any and all liabilities, claims, demands, losses, damages, costs or expenses (including attorneys’ fees and expenses) (collectively, the “Losses”) arising out of or in any way related to my participation in or attendance at the Activities including, without limitation, Losses caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE of any Releasee or cause any Releasee to be sued regarding any matter released above.

10. INDEMNIFICATION.

10.1. To the fullest extent permitted by law, Client will indemnify and hold harmless the Natural Exposures and any Releasee from and against any Losses regarding any matter within the scope of these Terms. This includes defending against all claims of third parties and all associated Losses, to the extent arising out of (i) the Natural Exposures’s negligence, gross negligence, or willful misconduct in performing any of its obligations under these Terms, or (ii) a material breach by the Natural Exposures of any of its representations, warranties, covenants or obligation under these Terms.

11. HEALTH OF PARTICIPANT.

11.1.Client agrees and understands that participation in a Tour indicates its acknowledgement and agreement with, as well as represents and warrants the following statements:

(a) Client is in good health and proper physical condition and does not have any medical or other conditions that would impair my ability to participate in the Activities or participate in strenuous physical activities and sporting and recreational opportunity;

(b)Client agrees that if Client experiences any medical issues while attending a Tour, Client will contact its doctor immediately and notify Natural Exposures;

(c) Client attests that Client is not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever), does not have a confirmed or suspected case of the Disease, and has not come in contact in the last ten (10) days with a person who has been confirmed to have or suspected of having the Disease; and

(d)if at any time Client believes the conditions to be unsafe, that Client is no longer in proper physical condition to participate in the Activities, or Client begins experiencing symptoms of the Disease, Client will immediately discontinue further participation in a Tour and/or Activities.

12. CONSUMPTION OF ALCOHOL.

12.1.Alcohol may be available for consumption on a Tour. Client understands and confirms that alcohol consumption shall be at Client’s own risk and liability, and that Client may be required to produce a government-issued photo identification prior to being served any alcohol. Client understands that Natural Exposures reserves the right to excuse Client from a Tour if Client becomes inebriated and misbehaves, or if Client has the potential to cause harm to themselves or other persons. If Client is dismissed from a Tour pursuant to this Section, Client shall receive no refund or reimbursement from Natural Exposures. Client hereby assumes all risk involved with the consumption of alcohol and unconditionally holds Natural Exposures harmless.

13. DISPUTE RESOLUTION.

13.1.Both Parties agree to make a good-faith effort to resolve any disputes arising out of, or in connection with, these Terms through open communication. If resolution is not possible, any dispute, controversy, or claim arising out of or related to these Terms or any breach or termination of these Terms, and any alleged violation of any world, federal, state, or local statute, regulation, common law, or public policy, whether sounding in Terms, tort, or statute, shall, on written Notice of either Party served on the other, be submitted first to mediation and then to litigation. The costs of the mediation shall be borne equally by the Parties.

13.2.If the good-faith effort and mediation set forth above fail to resolve the dispute, the Parties agree to resolve the dispute exclusively in the state or federal courts located in Gallatin County, Montana. Each Party irrevocably submits to the jurisdiction of such courts in any such suit, action, or proceeding and waives any objection to the laying of venue in such courts.

14. MISCELLANEOUS.

14.1.Governing Law. This Agreement shall be governed by the laws of the state of Montana, excluding any conflict of laws rule that would apply the law of a different jurisdiction.

14.2.Notice. Any written notice which may be or is required to be given pursuant to the provisions of these Terms (“Notice”) shall be deemed duly given (a) when personally delivered, (b) if sent by United States certified mail, return receipt requested, or (c) if sent by email with confirmation of receipt (and the Parties hereby agree to respond to confirm receipt of em) to the addresses listed above.

14.3.Entire Agreement. These Terms constitute the sole and entire agreement of the Company and Client with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

14.4.Attorneys’ Fees and Expenses. The prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and expenses in any action brought to enforce its rights under this Agreement.

14.5.Binding Effect. These Terms are binding on and shall inure to the benefit of the Company and me and our respective successors and assigns.

14.6.Severability. If any term or provision of these Terms shall be held illegal, unenforceable, or in conflict with any law governing these Terms, the validity of the remaining portions of these Terms shall not be affected thereby.

14.7.Interpretation. This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Montana law. If any portion of this document shall be held as invalid, it is agreed that the balance shall continue to be in full force and effect.

14.8.Headings. The headings of sections of these Terms are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the terms and conditions of such sections.Assignment. Client shall not have any right to assign its obligations under these Terms.  Electronic Signature. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the Party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof.

14.9.Survival. The rights and obligations of the Parties as set forth in these Terms, which, by their nature, should survive termination or expiration of these Terms, will survive any such termination or expiration of these Terms.