Tours by Stella Terms

These Terms of Sale apply to the purchase and sale of tour bookings and any other

products, and services by you (or by another on your behalf) from

Stella Koret or Tours by Stella, LLC or its affiliates (referred to herein as “Stella

Koret”, “us”, “we”, or “our” as the context may require)whether the Item was

purchased by telephone , in person or through a website or a mobile application.

Purchases of Items from Tours by Stella, LLC or Stella Koret, whether an On-Site

Purchase or a purchase using the Online Service are referred to herein as a

“Purchase” or “Purchases”. These Terms are subject to change by Stella Koret or

Tours by Stella, LLC without prior notice at any time, in our sole discretion.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR

RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND

EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO

RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE

EXTENT PERMITTED BY LAW.

BY MAKING A PURCHASE OF AN ITEM FROM Tours by Stella, LLC or Stella Koret, YOU

AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU

ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU

PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE

LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE

TERMS OF SALE.

We may revise these Terms from time to time, and you should review these Terms

to which you are bound at the time of placement of an Order.

You agree that your Order is an offer to buy, under these Terms, all Items listed in

your Order. All Orders must be accepted by us or we will not be obligated to sell the

Items to you. We may choose not to accept Orders at our sole discretion. For

example, for Orders made using the Online Services, we may choose not to accept

your Order even after we send you a written confirmation with your Order number

and details of the Items you have Ordered, as your payment must be received by

us before our acceptance of an Order.

All prices, discounts, and promotions posted are subject to change without notice.

The price charged for an Item will be the price in effect at the time the Order is

placed and will be sent out in your written Order confirmation. Price increases will

only apply to Orders placed after such changes. Posted prices do not include taxes.

All such taxes will be added to your invoice, and will be itemized on your receipt.

We strive to display accurate price information; however, we may, on occasion,

make inadvertent typographical errors, inaccuracies or omissions related to pricing

and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences. We

may offer from time to time promotions that may affect pricing and that are

governed by terms and conditions separate from, or in addition to, these Terms. If

there is a conflict between the terms for a promotion and these Terms, the

promotion terms will govern. Terms of payment are within our sole discretion, and,

unless otherwise agreed by us in writing, payment must be received by us before

our acceptance of an Order. We accept PayPal, Venmo and cash as valid methods of

payment. You represent and warrant that (i) payment information or payment

method you supply to us is true, correct and complete, (ii) you are duly authorized

to use such credit card or other payment method for the purchase of the Items, (iii)

charges incurred by you will be honored by your credit card company or any other

third party required to effectuate payment, and (iv) you will pay charges incurred

by you at the posted prices, including all applicable taxes.

The following provisions apply to the Purchase of all Items at or related to the

properties owned or operated by Stella Koret or Tours by Stella, LLC (each, a

“Property” and collectively, the “Properties”) or during your participation in any

activity led, organized, arranged, promoted, and/ or sponsored by

Stella Koret or Tours by Stella, LLC.

Stella Koret or Tours by Stella, LLC

reserves the right to deny individuals from participating in a tour, without refund,

liability or compensation, for failure to comply with any of the Terms & Conditions,

for unsafe, illegal or offensive behavior, or if we consider that the circumstances

otherwise so require, in our sole and absolute discretion of appropriateness and

safety.

Tours by Stella, LLC has a 72 hour cancellation policy, meaning:

Booked tours will not be refunded unless you Contact Stella Koret or Tours by Stella

LLC at (845) 216.9529 no less than seventy-two (72) hours before the start time of

your booked tour.

If, within seventy-two (72) hours before the start time of your booked tour, there

occurs an event which prohibits you from participating in your booked tour,

Stella Koret or Tours by Stella, LLC, in its discretion, has the right to retain your

payment.

In the event of severe weather or other unsafe conditions, Stella Koret or Tours by

Stella, LLC may alter, modify or cancel any tour. Any tour cancelled by Stella Koret

or Tours by Stella, LLC due to severe weather or unsafe conditions will receive a

refund

A reserved tour is revocable and may be revoked with no refund of purchase price if

found in Violation of Tours by Stella, LLC rules and regulations.

Unauthorized sales, resales, or other transfers of booked tours is prohibited.

Booked tours are valid for the times and dates shown on the written reservation

details for your booked tour only

Stella Koret or Tours by Stella,LLC reserves the right to make minor alterations to a

booked tour, including minor alterations to the times of a booked tour. In the case

of any such minor alteration, you will receive reasonable notification of such

alteration.

When participating in a booked tour or activity led by Stella Koret or Tours by Stella,

LLC you are granting Stella Koret or Tours by Stella, LLC the right to film, video,

photograph, and take sound recordings of all participants while involved in any

Tours by Stella, LLC Activities, for any purpose without payment or consideration

thereof.

Stella Koret or Tours by Stella, LLC assumes no responsibility for accidents or loss to

any person in connection with the condition or use of the properties and locations a

tour takes place, including the GSMNP or surrounding vendors.

Stella Koret or Tours by Stella, LLC assumes no responsibility for accidents or loss to

any person in connection with the participation in the Tours by Stella, LLC Activities.

All persons, bags and belongings are subject to security and safety searches

during any Tours by Stella, LLC Activities. Any person refusing to comply with

security and safety searches will be refused participation on the tour.

Each Guest agrees that it shall comply with each of the following:

Weapons of any type and all items listed in the section below titled “Prohibited

Items” are prohibited during participation in any Tours by Stella, LLC.

The use of illegal drugs is prohibited at all times during participation on any Tours

by Stella, LLC Activity.

Excessive consumption of alcohol is prohibited and individuals showing signs of

intoxication or any kind of substance impairment are prohibited at the Properties,

each to be determined at the sole discretion of Stella Koret or Tours by Stella, LLC.

Guests participating in any Tours by Stella LLC Activity must comply with all posted

signs and all instructions from Stella Koret or Tours by Stella, LLC personnel whether

related to property operations, rules, procedures, health and safety requirements,

or otherwise. Guests must use designated walkways and may not cross any fences,

chains, ropes, landscape areas, or other barriers. Guests must move about in an

orderly manner, remain attentive to their surroundings, and walk rather than run

while participating in any Tours by Stella, LLC activity. Conduct that is threatening,

disorderly, “horseplay”, unruly, disruptive, profane, graphic, obscene, or in poor

taste is prohibited. Any form of harassment (including verbal harassment or abuse

or threatening remarks or actions) whether directed at Guests or personnel is

prohibited. Proper attire is required at the Properties at all times. Clothing or other

articles with profane, graphic, or obscene words, phrases, or images are prohibited.

Loitering, panhandling, shoplifting, fighting, vandalism, and line cutting are

prohibited while participating in any Tours by Stella, LLC activity.

Soliciting for commercial or charitable purposes or distributing advertisements,

pamphlets, handbills, or flyers without the prior written consent of Stella Koret or

Tours by Stella, LLC is prohibited while participating in any Tours by Stella, LLC

activity.

Commercial photography, videotaping, and recording of any kind is prohibited while

participating in any Tours by Stella LLC activity.

Each Guest agrees that while participating in any Tours by Stella, LLC activities it

shall not bring any of the following prohibited items onto any Property affiliated

with any Tours by Stella LLC activities:

-Weapons of any type, including without limitation, firearms, ammunition, tasers,

and knives (with a blade longer than 3.5 inches), any item designed to be utilized

as a weapon, and any item that appears to be either of the foregoing.

-Explosives of any kind, including fireworks and water grenades (whether metal or

plastic).

-Personal or commercial drones or other unmanned vehicles or equipment.

-Alcoholic beverages of any type unless such beverage was sold to the guest by a

vendor designated and approved by Stella Koret or Tours by Stella, LLC.

-Illegal drugs of any kind (including prescription drugs not properly prescribed by a

health professional).

-Recreational devices with wheels, such as skateboards, hover boards, balance

boards, scooters, inline skates or shoes with built-in wheels.

-Wheeled mobility devices with less than 3 wheels; Segways; devices that cannot

maintain stability and balance when stopped, unpowered, or unoccupied, without

training wheels or similar modifications; devices powered by any means other than

manually or electrically; devices that travel faster than walking pace; multi-rider

devices or devices that exceed 36 inches in width or 52 inches in length.

-Any other items that Stella Koret or Tours by Stella, LLC determines, in its

discretion, to be suspicious or potentially harmful, unsafe or disruptive.

A Guest who (i) fails to abide by, or comply with, any of the above terms,

conditions, or conduct requirements, (ii) brings any of the prohibited items listed

above onto a Property or to Tours by Stella, LLC Activities, or (iii) violates any

applicable laws may, at the discretion of, Stella Koret or Tours by Stella, LLC

have their Ticket revoked or confiscated by with no refund of any amount paid

therefor. Upon such revocation or confiscation, the applicable Guest and all

members of their party shall have no right to remain in, on, or about the designated

Property. Stella Koret or Tours by Stella, LLC reserves the right to ban individuals

violating these Terms or applicable laws from future admission to, or purchase of,

all or any of Stella Koret or Tours by Stella, LLC Activities.

Unless specifically designated as cancellable or refundable, we will not accept a

cancellation of, or a refund for, any Items once we accept your Order.

Notwithstanding, exceptions may be made under limited circumstances by Stella

Koret's or Tours by Stella, LLC sole discretion.

We do not provide any warranties with respect to the Purchase of Items. ALL ITEMS

OFFERED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER,

INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B)

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST

INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER

EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,

USAGE OF TRADE, OR OTHERWISE.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR

CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR

ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE,

ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF

THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE

FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR

OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM

LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY

CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU

FOR THE ITEMS AND/OR SERVICES YOU HAVE ORDERED. The limitation of liability

set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply

to (A) liability resulting from our gross negligence or willful misconduct and (B)

death or bodily injury resulting from our acts or omissions.

*Safety Measures Related to any Infectious and/or Communicable Diseases*

You must follow all posted instructions while visiting Properties or establishments

such as, but not limited to, visitor centers, retail vendors, restaurants, The National

Parks or National Forests during your participation in any Tours by Stella, LLC

Activities.

Please note that it is advised that older adults and people of any age who have

serious underlying medical conditions might be at higher risk for severe illness from

communicable diseases. Guests should self evaluate their risks in determining

whether to participate in any Tours by Stella, LLC Activities. We cannot guarantee

that you will not be exposed to any communicable disease during your participation

in any Tours by Stella, LLC Activities.

is an acknowledgment and voluntary express assumption of risk and release of

liability as it relates to the risks of being exposed to or contracting any

communicable and/or infectious disease, while participating in any Tours by Stella,

LLC Activities. By purchasing a tour and participating in any Tours by Stella, LLC

Activities, you are acknowledging and confirming on your behalf, and on behalf of

any individual who particiaptres in a booked tour (including any minor children),

both now and in the future, that you understand and voluntarily expressly assume

the risk that during your visit or participation you may be exposed to

communicable and/or infectious diseases. You expressly understand that these risks

include contracting communicable and/or infectious diseases and the associated

dangers, medical complications and physical and mental injuries, both foreseen and

unforeseen, that may result from contracting any communicable and/or infectious

diseases. You further acknowledge and understand that any interaction with the

general public poses an elevated, inherent risk of being exposed to and contracting

communicable and/or infectious diseases. Stella Koret or Tours by Stella, LLC cannot

guarantee that you will not be exposed during your participation in any Tours by

Stella, LLC activities, and that as such, potential exposure to or contraction of any

communicable and/or infectious diseases are risks inherent in your decision to

participate in Tours by Stella, LLC activities and cannot be eliminated. You further

acknowledge and understand that if you are infected with any communicable

and/or infectious disease, you may infect others you subsequently come in to

contact with, even if you are not experiencing or displaying any symptoms of illness

yourself. You and Tours by Stella, LLC further agree that we both intend THIS

SECTION to be a binding and full release of liability for negligence and/or the

inherent risks associated with visiting properties, vendors, affiliates or anyone

participating in Tours by Stella, LLC Activities during an epidemic or pandemic with

respect to any controversy, claim or dispute that may arise out of or during your

participation in Tours by Stella, LLC Activities that is related to exposure to or the

contraction of any communicable and/or infectious disease. This acknowledgment

and express assumption of risk and release of liability is intended to be as broad

and inclusive as is permitted by law. If any part of this provision is held to be invalid

or legally unenforceable for any reason, the remainder of this provision shall not be

affected thereby and shall remain valid and fully enforceable.

Our Privacy Policy governs the processing of all personal data collected from you in

connection with your purchase of Items and services.

We will not be liable or responsible to you, nor be deemed to have defaulted or

breached these Terms, for any failure or delay in our performance under these

Terms when and to the extent such failure or delay is caused by or results from acts

or circumstances beyond our reasonable control, including, without limitation, acts

of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or

hostilities (whether war is declared or not), terrorist threats or acts, riot or other

civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, or

other public health emergencies, lockouts, strikes or other labor disputes (whether

or not relating to our workforce), or restraints or delays affecting carriers or inability

or delay in obtaining supplies of adequate or suitable materials, materials or

telecommunication breakdown or power outage.

You agree and understand that this Section is deemed to be a “written agreement

to arbitrate” pursuant to the Federal Arbitration Act, satisfies the “writing”

requirement of that act, applies to your purchase of an Item or service, and governs

all claims, disputes, or controversies between you and Stella Koret AND Tours by

Stella, LLC, its subsidiaries, affiliates, providers, and their respective officers,

directors, partners, shareholders, employees, contractors, agents, licensors,

suppliers, service providers, advertisers, instructors, staff, successors or assigns,

including but not limited to tort and contract claims, claims based upon any federal,

state, or local statute, law, order, ordinance, or regulation, and claims over the

applicability of this arbitration provision (collectively “Claims”).This Section can

only be changed or terminated upon mutual agreement. You understand and agree

that all Claims shall be resolved by final and binding arbitration using the American

Arbitration Association's (“AAA”) Commercial Arbitration Rules (“AAA Rules”) in

effect on the date of initiation of the arbitration, except as to those AAA Rules that

conflict with or differ from these Terms, by one or more arbitrators appointed in

accordance with said rules. Any controversy concerning whether a dispute is

arbitral shall be determined by the arbitrator(s) and not by the court. In arbitration,

as with a court, the arbitrator must honor the terms of these Terms and may award

the prevailing party damages and other relief (including attorneys’ fees).

HOWEVER, WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY, (B) THE

ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO

CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION

OUTCOME IS LIMITED.

Each party to the arbitration will have the right, at its own expense, to be

represented by an attorney or other advocate of its own choosing. You and we will

pay the administrative and arbitrator’s fees and other costs in accordance with the

applicable arbitration rules; but, if applicable arbitration rules or laws require Stella

Koret or Tours by Stella, LLC to pay a greater portion or all of such fees and costs in

order for this Section to be enforceable, then Stella Koret or Tours by Stella, LLC will

have the right to elect to pay the fees and costs and proceed to arbitration. The

arbitrator’s decision must consist of a written statement stating the disposition of

each Claim of the dispute and must provide a statement of the essential findings

and conclusions on which the decision and any award (if any) is based. Judgment

on the arbitration decision and award (if any) may be entered in or by any court

that has jurisdiction over the parties pursuant to THIS Section above, of the Federal

Arbitration Act.