Retreat Terms & Conditions
by registering for and attending a retreat hosted by mary jelkovsky, Mary’s Cup of Tea LLC. and associated parties (collectively, “Retreats”), you agree to the following:
1. Definitions
(a) “Activities” include all activities at a Retreat and shall include, without limitation, bicycle riding, paddle boarding, mountain bike riding, trail running, hiking, high altitude hiking, running or riding, swimming in pools, lakes or oceans, surfing, paddle-boarding, ziplining, yoga, gyrokinesis, skiing, snow shoeing, horseback riding, excursions, transportation in Released (defined below) or other vehicles, training, classes, instruction, traveling to and from a Retreat and all other activities associated with one or more Retreats.
(b) “Risks” shall include, without limitation, vehicular traffic, road and trail conditions, health and environmental conditions (including without limitation disease, infection and animals), weather, equipment failure, driver error, rider error, participant error, food provided, facilities, actions of other people, and the actions, negligence and carelessness of the Released, as defined below.
(c) “Released” shall include Mary’s Cup of Tea LLC., its officers, directors, employees, contractors, agents and volunteers, the owners or operators of any Retreat venues, facilities, or equipment provided, and the sponsors of Mary’s Cup of Tea LLC or the Retreats.
2. Booking
Your booking is not considered definite and no contract will exist until we receive the initial deposit/ payment from you. Making a payment signifies that you've agreed to these terms and conditions.
3. Retreats Liability
Mary’s Cup of Tea LLC. accepts responsibility for ensuring that the retreats are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard.
4. Payment
(a) The price is the exact amount to be received in US Dollars.
(b) The payment plan option will automatically charge your card on the interval(s) outlined on the registration page.
(c) By making a payment, you agree to these terms and conditions including the cancellation policy outlined below.
5. Cancellation Made by You
(a) The retreat application fee is non-refundable once you are invited to the Retreat.
(b) If you choose to register and later cancel your Retreat attendance, then $950 is non-refundable under any circumstances. If the cancellation is made at least 60 days before the start of the retreat, then you may receive the difference between the amount you paid and $950. If cancellation is made less than 60 days before the start of the retreat, then we will retain the entire amount with no exceptions.
(e) Bookings are for the stated period of the retreat. There are no refunds for an unused portion of the retreat. If the reason for cancellation is covered under the terms of your Insurance Policy, you may be able to make a claim on your insurance.
6. Cancellation made by Mary's Cup of Tea
We reserve the right in any circumstances to cancel a Retreat. If the cancellation is initiated by Mary Jelkovsky for reasons not related to force majeure, then we will refund your entire retreat investment.
7. Your Travel Arrangements
All travel arrangements are your responsibility and at your own cost. We shall not be held liable for any consequences arising from delays or cancellations in any of the companies you may have made arrangements with, or for any irregularities in your documentation required for travel. Transfers to/from the retreat are at your own cost, unless otherwise specified.
8. Travel Insurance
Travel insurance is required. We require that your travel insurance covers potential medical emergencies during the duration of the Retreat, including travel time, as well as unexpected interruptions, delays, cancellations, sickness, injuries, losses, and all the usual risks. You should bring the policy with you in case of an emergency.
9. Certification, Acknowledgements and Assumption of Risk
(a) Retreats do not provide clinical counseling or psychotherapy. Neither are meant to be a substitute for treatment of eating disorders, anxiety, depression or any other mental health condition. The information provided by Mary Jelkovsky does not constitute medical advice neither is it intended to be. Retreats are for educational and entertainment purposes only.
(b) You recognize that Retreats require physical, mental, and emotional efforts, which may cause physical, mental, or emotional injury. You fully acknowledge and take full responsibility for all the risks involved. The Released is not liable for any injuries you may incur before, during, or after the Retreat.
(c) You assume responsibility for getting all necessary treatments, vaccinations, and any other medical preparation required for the participation in the Retreat and the travel that it requires.
(d) It is your responsibility to be mindful of your own physical and mental health limitations at all times during the Retreat. If you experience any discomfort or injury during any Retreat activity, then you must desist immediately.
(e) Please inform us of any mental or physical health conditions, including dietary restrictions, before booking. If you have health conditions that may be affected by the activities offered at the Retreat, we reserve the right to advise you to desist and in the interests of your wellbeing, or others, we may decline your stay at our Retreats.
(f) You hereby certify that you are physically fit, have trained sufficiently for participation in the Retreat, and have not been advised otherwise by a qualified medical person. You hereby assume, without limitation, all Risks of participation in the Activities and the Retreat, whether such risks are caused (a) by the negligence or carelessness of, or (b) from dangerous or defective equipment or property owned or provided in any way by the Released. You acknowledge that Retreats may be a test of physical and mental limits and carry with it the potential for injury, property loss, and even death.
10. Force Majeure Disasters
You acknowledge that events and occurrences beyond the control of Mary’s Cup of Tea LLC can happen and may impact the Retreat and/or you. These events and occurrences include, without limitation, fire, wind, hail, snow, hurricanes, tornadoes, severe rain, flooding, smoke, earthquakes, landslides, acts of war, acts of governments, acts of God, terrorist acts, epidemics, pandemics, and loss of electricity and or other utilities (collectively, “Disasters.”) What constitutes a Disaster shall be determined by Mary’s Cup of Tea LLC in its sole discretion. You further acknowledge and agree that Mary’s Cup of Tea LLC and the Released shall not be responsible for any injury, loss, damage or expense associated with a Disaster.
11. Personal Property
You acknowledge and agree that you are responsible for my equipment and all personal property during the Retreat and that the Released are not responsible in any way for such property whether it is lost, stolen or damaged.
12. Complaints
If you have a problem during the Retreat, please inform the organizers immediately so we can endeavor to put things right. Please note that we cannot be responsible for the individual behavior of any group member or other guest sharing your accommodation, but we will do our best to mitigate the situation.
13. Privacy Policy
We do not share customer details with any 3rd parties. Any personal information that you provide to us will be used only for the service you requested. This privacy policy does not cover the links within this site linking to other sites.
14. Photography and Videography
You understand that during a Retreat you may be photographed, videotaped, and/ or your words may be recorded. You authorize and allow Mary’s Cup of Tea LLC and its sponsors to use such images, words and likenesses for marketing, on social media, on websites, in brochures, or in other writings, for any legitimate purpose.
15. Waiver, Release and Agreement Not to Sue
You, and on behalf of your executors, administrators, heirs, successors and assigns, hereby fully release, waive any claims you or they may have against, discharge and agree not to sue the Released or each of them from any and all liability to me or my executors, administrators, heirs, successors and assigns for any and all damage, injury or death of the participant while at, participating in, while en route to or from a Retreat or while participating in the Retreat or any Activities, whether caused by any Disasters, negligence or carelessness of the Released, or otherwise.
16. Indemnification and Hold Harmless
You hereby agree to indemnify and hold harmless the Released from any loss, liability or damage, including reasonable attorney’s fees incurred in any suit, demand or legal action arising out of any alleged injury, damage or death resulting from engaging in any Activities or participation in any Retreat, whether such injury damage, death is alleged to or did result from the negligence or carelessness of any person.
17. Amendments by Mary’s Cup of Tea LLC
Occasionally, changes may have to be made (e.g., structure, activities, workshops, guest speakers, etc), which we reserve the right to do at any time. If something has to be changed, we will do our utmost to provide an experience of a similar rating. If a significant change becomes necessary, we will inform you as soon as reasonably possible.
18. Interpretation and Governing Law
This document shall be construed broadly to provide a release and waiver to the maximum extent permitted under Arizona 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. This document shall be governed by the laws of the State of Arizona, except with respect to its provisions on choice of law and venue for any legal action shall be in the state or federal courts of Maricopa County or Arizona as applicable.
