Waiver & Disclaimer
for Live Better || Scottsdale AZ 2018
The conditions below constitute the agreement between Ella Lucas-Averett, dba On Air with Ella, Ella + Guy, LLC collectively heretofore known as “Ella +Guy LLC” and Live Better || Scottsdale AZ 2018 participants. The Live Better || Scottsdale AZ 2018is heretofore known as “Retreat.”
Please read the following statements carefully. Signing below indicates full understanding, compliance, and agreement to all items laid out in this document.
To reserve your place on the Retreat, please complete the online registration, inclusive of the non-refundable $175 deposit.
All prices are quoted in U.S. dollars. While Ella + Guy LLC does everything possible to maintain our listed prices, if it is necessary to levy a surcharge or adjust the price due to currency fluctuations, Ella + Guy LLC reserves the right to do so, and notification will be giving before the commencement of the Retreat.
Payments must be made by credit card and be processed through the Ella + Guy LLC website, www.onairwithella.com. All ticket options include a $175 non-refundable deposit paid upon registration.
Additionally, if a party other than yourself paid for your Retreat registration, you agree that there is a commitment to pay for your Retreat in full with different means if necessary and in accordance with the terms outlined above. You understand that full payment of your Retreat is your sole responsibility.
PRODUCT DESCRIPTION OF RETREAT
In registering and completing payment for Retreat, you understand that the following is included as a part of your purchase and is the responsibility of Ella + Guy LLC:
- All coaching events, sessions, and group work are included
- Meal options will be provided Friday, April 6 for breakfast, lunch and dinner, and Saturday for breakfast and lunch.
In registering and completing payment for the Retreat you acknowledge and agree to the following:
- It is your responsibility to notify Ella + Guy LLC if you need to be communicated with via a different email address than given at time of purchase. Otherwise, you will be contacted via the email address submitted with payment.
- Not included in your registration cost is any gratuity you choose to impart to the hotel staff, flight costs, hotel reservations, parking and transportation costs, and some meals.
- It is your sole responsibility to secure your Passport if you are traveling internationally.
- It is your sole responsibility to secure transportation to and from the Retreat venue.
- It is your sole responsibility to purchase travel insurance if you so choose.
- It is your responsibility to bring spending money for food/ adventures/ accommodations/purchases of your choice.
- You understand the Ella + Guy LLC policy only permits attendees 21 years old and older and you acknowledge your compliance.
- Ella + Guy LLC is not liable and cannot be held responsible for anything at the hotel, as this is the responsibility of the hotel.
- You understand that there are no guarantees of outcomes of this program as success is completely based on your individual participation and commitment.
- You understand that all other terms and conditions on this page apply to your purchase of the program.
- Additionally, your purchase of this event confirms the following: By participating in the Retreat, you acknowledge that Ella, On Air with Ella and Ella + Guy LLC and any guest speakers are not licensed psychologists or health care professionals and their services do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. Ella and all speakers will at all times exercise their best professional efforts, skills and care. However, Ella + Guy LLC cannot guarantee the outcome of coaching efforts and/or recommendations on the Retreat and any comments about the outcome are expressions of opinion only. Ella + Guy LLC and the Retreat speakers cannot make any guarantees other than to deliver the coaching services purchased as described.
CANCELLATIONS, REFUNDS, & RETURNS
Due to the nature of this event and because we have obligations to pay the hotel to secure our meeting room and food and beverage, there is a $175 non-refundable deposit on your ticket, regardless of timing. Any purchaser can receive a refund of the total amount paid to On Air with Ella, Ella + Guy LLC, less the $175 non-refundable deposit if Ella is notified in writing to email@example.com prior to March 1st, 2018, 12am Eastern Standard Time that a refund is requested.
February 28, 11:59pm Eastern Standard Time is the absolute deadline for any refund requests. After this date, no refunds will be issued nor installment payments cancelled. As of March 1st, 2018, all sales are final and no refunds will be issued. All registrations are non-transferable.
PHYSICAL AND MENTAL HEALTH REQUIREMENTS
You must be in good physical and mental health to participate in the Retreat. You are advised to consult with a physician to ensure that you are in adequate health to safely participate in your Retreat. Medical and evacuation expenses will be your sole responsibility, so Ella + Guy LLC encourages you to purchase travel insurance. Additionally, Ella + Guy LLC reserves the right in their absolute discretion to refuse a participant the right to participate in the Retreat on medical grounds, be it physical or mental which is inclusive, but not limited to, addiction-related issues.
CANCELLATION DUE TO LOW CONFERENCE BOOKING NUMBERS
Ella + Guy LLC reserves the right to cancel the Retreat prior to departure in the event that there are too few people booked in which case you will be given a full refund of any and all payments made to On Air with Ella, Ella + Guy LLC for this event. You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport, flight, room reservations, and vaccination costs.) Therefore, Ella + Guy LLC advocates and recommends you purchase travel insurance for the Retreat.
CHANGES, POSTPONEMENT, CANCELLATION, OR DELAY
Ella + Guy LLC reserves the right to make changes to any aspect of the Retreat if, in the absolute discretion of Ella + Guy LLC, other adverse or threatening conditions whether political or military or terrorist or otherwise or if an act of omission of a third party prevents the Retreat or the aspect of the Retreat being undertaken in accordance with your booking or for any other reason considered necessary by Ella + Guy LLC.
In the event of any change, modification, cancellation, postponement or delay under this condition, you acknowledge that you will have no right of refund of the Retreat price in whole or in part and no right to claim compensation for any injury, loss or damage or other additional expenses incurred by virtue of the change, modification, cancellation, postponement or delay. Ella + Guy LLC also reserves, in its absolute discretion, the right to cancel the Retreat due to any government travel warning or advice, or any change in such warning or advice. In this event, we will do all we can to transfer any payments made to a different Retreat with Ella + Guy LLC. If this is not possible, travel insurance may compensate you depending on the circumstances.
We strongly recommend the purchase of travel insurance and it is your responsibility to ensure that you are adequately insured for the full duration of the Retreat in respect to illness, injury, death, loss of personal items, cancellation, and curtailment. Depending on what travel insurance you secure, it will likely include the cost of the hotel you book or a portion of the hotel cost as charged by the hotel but will not cover any additional amount charged by On Air with Ella, Ella + Guy LLC to cover the coaching and personal development portion of the event. For refund options for the entire price of your Retreat please see item #5.
TRAVEL DOCUMENTS AND VACCINATIONS
It is your responsibility to learn about and obtain all required travel documents, vaccinations, etc., including, but not limited to, a current passport, for travel to the chosen destination. Ella + Guy LLC is not responsible for any delays or cancellations due to participant’s lack of proper travel documents.
Ella + Guy LLC policy only permits attendees 21 years old and older for the Retreat and all related activities.
Your accommodations for the Retreat are not included in the ticket price from Ella + Guy LLC. While, Ella + Guy LLC is not responsible for any accommodations, we have secured a limited amount of discounted rooms with the Saguaro Hotel available on a first come, first served basis.
Ella + Guy LLC reserves the right to use photographs, audios or videos from the event for promotional purposes. By making a reservation with Ella + Guy LLC, you agree to allow your image to be used in such photography. If you prefer for your image not to be used, please notify Ella + Guy LLC in writing before the Retreat commences.
If Ella + Guy LLC is prevented (directly or indirectly) from performing any of their obligations under this agreement by acts of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Ella + Guy LLC’s reasonable control, Ella + Guy LLC will be under no liability whatsoever to you and may either cancel the Retreat or take any other action deemed necessary.
ASSUMPTION OF RISK
You acknowledge travel may be challenging and demanding with a high level of risk, and it involves potential exposure to injury and that in the countries and regions in which adventure travel is undertaken, standards of accommodation, transport, health care, hygiene, safety and service provision generally are often not as high as those standards in your country of residence and may require flexibility and patience on your part. You further acknowledge that operational control of the Retreat will be in the hands of a third party and that your right of action in regard to any shortcomings of that third party’s performance is against the third party and not against Ella + Guy LLC.
RELEASE AND WAIVER OF LIABILITY
In consideration of Ella + Guy LLC accepting your reservation you release, waive, discharge, hold harmless and agree to indemnify Ella + Guy LLC, its officers, its employees, its agents, its licensees, other representatives, and trip leaders from all claims, actions or losses for bodily injury, emotional trauma, property damage, wrongful death, loss of services, loss of profits, as well as consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the conference or any activities conducted in conjunction there within unless caused by the willful negligence or wrongful act of Ella + Guy LLC. Regardless of the situation or circumstances giving rise to the claim, you waive any claims you have, or may at any time have, against On Air with Ella, Ella + Guy LLC, you agree, by accepting the additional inherent dangers and risks associated with the Retreat, not to make any claim against or seek any compensation from Ella + Guy LLC in respect to any personal injury, illness or death suffered by you or damage to or loss of property sustained by you as a result of your participation in the retreat including without limitation, any extracurricular activities you may engage in during the Retreat, whether or not sponsored by Ella + Guy LLC.
TERMS AND CONDITIONS
for usage of this website
BY VISITING www.onairwithella.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Ella + Guy LLC
380H Knollwood St STE 302
Winston-Salem, NC 27103
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Forsyth County, North Carolina. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: October 2017
BY VISITING www.onairwithella.com, YOU ARE CONSENTING TO OUR BUSINESS DISCLAIMERS and that you have read our DISCLOSURES
This website, the On Air with Ella podcast and all related emails comprise an educational and informational resource. It is not a substitute for working with a business consultant or other professional. Ella cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. Ella + Guy LLC makes no guarantees about the information and recommendations provided herein. By continuing to use/ read/participate in this website/email series you acknowledge that Ella + Guy LLC cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this website/email series are at your own risk. If you need business or health advice, you should hire a business consultant, health practitioner or other professional.
THE “I’LL GIVE YOU MY OPINION ABOUT YOUR SITUATION BUT DON’T SUE ME” DISCLAIMER
The complimentary advice provided herein is based on an abbreviated examination of the minimal facts given, not extensive analysis. Therefore, this advice is not a substitute for working with a coach, therapist, mental health professional or any other applicable professional. Ella + Guy LLC cannot guarantee the outcome of following the advice provided and our statements about the potential outcome are expressions of opinion only. Following the advice provided is at your own risk. Consider hiring a coach, therapist, mental health professional or any other applicable professional to assist you with this issue.
LIFE COACH OR OTHER COACHES
By participating in/reading Ella’s podcast, coaching service/website/email series, you acknowledge that Ella + Guy LLC is a not licensed psychologist or health care professional and her services do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. Ella + Guy LLC will at all times exercise its best professional efforts, skills and care. However, Ella cannot guarantee the outcome of coaching efforts and/or recommendations on this website/email series and comments about the outcome are expressions of opinion only. Ella + Guy LLC cannot make any guarantees other than to deliver the coaching services purchased as described.
On Air with Ella, Ella + Guy LLC aims to describe and display its products and services as accurately as possible. However, we cannot guarantee that all offerings available on the site or at the Retreat will be completely accurate due to changes controlled by third parties. Please do not accept that the product descriptions contained on this website/newsletter/email series are entirely accurate, current, or error-free. Occasionally, Ella + Guy LLC may correct errors in pricing and merchandise descriptions.
Updated: October 2017