(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, stand up paddle boarding, rope courses, zip lines, 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 and agents, volunteers, the owners or operators of any Retreat facilities or equipment provided and the sponsors of Mary’s Cup of Tea LLC or the Retreats.
Your booking is not considered definite and no contract will exist until we receive the initial deposit/ payment from you and you agree 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.
(a) The price is the exact amount to be received by us in US Dollars.
(b) The payment plan option will automatically charge your card on the interval(s) outlined on the registration page.
5. 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.
6. Travel Insurance
(a) Travel insurance is required. We require that your travel insurance covers the activity of this retreat as well as unexpected cancellation, sickness, losses and all the usual risks. You should bring the policy with you in case of an emergency.
6. Certification, Acknowledgements and Assumption of Risk
(a) Mary Jelkovsky’s retreats and coaching do not provide clinical counseling or psychotherapy. Neither are meant to be a substitute for clinical counseling, treatment for 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. It is to be used for educational and self-development purposes only, as a supplement to professional treatment.
(b) You recognize that Retreats requires emotional, physical, and mental efforts, exertion, and behavioral experimentation, on the your part, which may cause physical, mental, or emotional injury. You fully acknowledges and takes full responsibility for all the risks involved. The Released is not liable for any injuries you may incur.
(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 let us know if you have any injuries and to be mindful at all times of your own physical and mental health during the retreat. If you experience any injury or discomfort during any activity during the retreat, then you must desist immediately.
(e) Please advise the us of any mental or physical health conditions and dietary requirements before you book. If you have health conditions and dietary requirements that may be affected by the activities offered on our retreats 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 all risks of participation in the Activities and the Retreat, including without limitation all Risks, 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 the Retreat is a test of my physical and mental limits and carries with it the potential for injury, property loss, and even death.
You acknowledge that events and occurrences can occur beyond the control of Mary’s Cup of Tea LLC or the Released that 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, 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.
8. Cancellation by you
(a) The retreat application fee is non-refundable under any circumstances.
(b) If you choose to cancel your retreat attendance, then $900 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 $900. If cancellation is made less than 60 days before the start of the retreat, then we will retain the entire amount.
(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.
9. Cancellation of Retreat by Mary’s Cup of Tea LLC.
We reserve the right in any circumstances to cancel a retreat. In particular our retreats require a minimum number of at least 75% of the participants to have booked by 60 days before the start date. If this minimum number is not reached by that date we may cancel and refund the money to you.
10. 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.
If you have a problem during your retreat, please inform the organizer immediately and he/she will 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.
13. Photography and Videography
You understand that during a Retreat I may be photographed, videotaped and or my 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.
14. 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 myself or 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 negligence or carelessness of the Released or otherwise.
15. Indemnification and Hold Harmless
You, both on your own behalf and as the parent or legal guardian of a participant of a Retreat, hereby agree to indemnify and hold harmless the Released and each of them from any loss, liability or damage, including reasonable attorney’s fees incurred in anysuit, 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.
16. Amendments by Mary’s Cup of Tea LLC
Occasionally, changes may have to be made (e.g., structure, 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 accommodation of a similar rating. If a significant change becomes necessary, we will inform you as soon as reasonably possible if there is time before your departure.
17. 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.