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
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
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
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
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
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
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
-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
-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
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.
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
*NO CLASS ACTION MATTERS*
You agree that disputes will be arbitrated only on an individual basis and will not be
consolidated with any other arbitrations or other proceedings that involve any claim
or controversy of any other party, such as class action claims or private attorney
general representative actions, with the exception of representative claims solely
for injunctive relief brought under unfair competition law. If any provision of this arbitration provision is deemed unlawful, void or unenforceable, that provision shall
be severable from the remainder of this paragraph, which shall remain fully
enforceable. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO
PURSUE YOUR CLAIM FOR ALLEGED DAMAGES ONLY ON AN INDIVIDUAL BASIS AND
A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
You may elect to pursue your claim in small-claims court rather than arbitration if
you provide us with written notice of your intention do so within 30 days of your
purchase. The arbitration or small-claims court proceeding will be limited solely to
your individual dispute or controversy.
All disputes arising out of or related to the Purchase and sale of Items and these
Terms, as permitted following the mandatory arbitration described above, shall be
brought in the state courts or federal courts of Tennessee, and you hereby
irrevocably consent to the exclusive jurisdiction and venue thereof. These Terms will
be construed in accordance with the laws of the State of Tennessee without regard
to its conflict of law principles.
You will not assign any of your rights or delegate any of your obligations under
these Terms without our prior written consent. Any purported assignment or
delegation in violation of this is null and void. No assignment or delegation relieves
you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute
a waiver of future enforcement of that right or provision. The waiver of any right or
provision will be effective only if in writing and signed by a duly authorized
representative of Stella Koret or Tours by Stella, LLC.
These Terms do not and are not intended to confer any rights or remedies upon any
person other than you.
To You. Any notice from Stella Koret or Tours by Stella, LLC that are directed to you
shall be delivered (i) phone to the phone number you provided us at the time of
Registration, (ii) by mail to the mailing address you provided us at the time of
Registration, or (iii) by email to the email address you provided us at the time of
Registration. Notice shall be deemed given immediately upon texting to the phone
number provided, (ii) twenty four (24) hours after email is sent, unless we are
notified that the email address is invalid or, (iii) in the case of notice sent via mail,
three (3) business days after the date of mailing.
Stella Koret or Tours by Stella LLC
shall be given by personal delivery, overnight courier, or registered or certified mail
Stella Koret or Tours by Stella LLC
141 Smoky Crossing Way, Seymour, TN 37865. We may update the address for
notices to us by posting a notice on the Online Service. Notices provided by
personal delivery will be effective immediately, provided that written confirmation
of receipt is obtained and kept by you. Notices provided by overnight courier will be
effective one business day after they are sent. Notices provided by registered or
certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that
provision will be deemed severed from these Terms and will not affect the validity
or enforceability of the remaining provisions of these Terms.
Our Order confirmation, these Terms of Sale, the license terms relating to any Item
the final and integrated agreement between you and us with respect to the matters
contained in these Terms.
Tours by Stella
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