Expert Ownership General Terms and Conditions
1.1. These General Terms and Conditions (GTC) apply to the consummation of courses, workshops, seminars, retreats, and other events (hereinafter referred to as “Leadership Retreat”) by the organizer Expert Ownership regardless of the venue of the booked Leadership Retreat.
1.2. The following conditions regulate the booking of the Leadership Retreat.
1.3. Expert Ownership is solely responsible for the organization and implementation of the Leadership Retreat. Expert Ownership is not a tour operator and is not a travel agent. Website operator and partners Your contractual partner is Expert Ownership 8410 Pit Stop Ct. NW Suite 140 Concord, NC 28027 E-Mail: [email protected]
Minimum Age 3.1. The minimum age for the booking of and participation in the Leadership Retreat offered by Expert Ownership is 18.
3.2. The participation of minors must be clarified in advance, and in the case of consent by Expert Ownership, a parent or guardian must accompany the minor.
Offer, Acceptance, Conclusion of Contract
4.1. Leadership Retreat descriptions on the Internet website www.expertownership.com provide a legally binding offer (Offer).
4.2. By clicking on the button “Register/Buy Now” the participant enters into a binding offer of the items in the cart (Acceptance).
4.3. Before making payment the participant can, at any time, correct any entry errors in the order process and in the cart by removing individual items, deleting the entire cart, or correcting entry errors. The participant can also cancel the order process at any time.
4.4. The paid order of the participant represents the acceptance of the offer and thus also represents the purchase contract.
4.5. The participant, after accepting the Expert Ownership’s offer by placing an order, will receive a confirmation by email. In this email, the details of the order and payment are listed, and the invoice is also attached in the email (order confirmation).
4.6. The content of the contract depends on the contents of the order confirmation and these general terms and conditions.
Storage of the Contract
5.1. The participant can view the General Terms and Conditions of Expert Ownership on the website www.expertwonership.com. The document can be both printed and viewed.
5.2. The contract in the confirmation email will be saved by TI. This contract is available upon request to the participant.
Retreat Fee Payment
6.1. Participants book the Leadership Retreat via the website of TI. The purchase price is due immediately upon booking. The prices indicated on the website are final prices and include the currently applicable VAT.
6.2. We offer the following payment methods: Visa, Mastercard, American Express, Discover.
6.3. In the case of a credit card purchase, the credit card will be charged within the regular credit card time limits.
Rights and Obligations of the Participant
7.1. The participant is obliged to provide comprehensive and truthful information about his or her personal data. The participant is obliged to promptly provide updated information upon changes in his contact data such as email address, name, address, and telephone number.
7.2. The participant must, individually and at their own expense, meet the required conditions for participation in the Leadership Retreat. This is especially the case for booking transport, accommodation, and meals.
7.3. The participant is free to book accommodations at any location they choose.
7.4. The participant should note that Expert Ownership expressly advises against the booking of third party services (such as travel, railway reservations, flights, accommodation, or an alternative program) until the cooling-off period of at least 2 weeks before the start of the retreat in case of a failure to achieve the minimum number of participants unless the participant has been expressly informed by Expert Ownership before this date that the minimum number of participants has been reached.
7.5. Participation in a Leadership Retreat is based on the assumption of normal mental and physical ability. If the participant is receiving medical or psychotherapeutic treatment they are obliged to discuss the participation with the respective physician or therapist.
7.6. At the start of the retreat the participant is obliged to inform both Expert Ownership and the instructor of any physical or mental limitations or injuries.
7.7. Participants can make no claim regarding which instructor will carry out the Leadership Retreat. In the event of an unforeseen change in the announced instructor, for example, due to illness or other circumstances, Expert Ownership may provide a substitute instructor for the booked retreat. The exchange of instructors does not give the participants the right to withdraw from or terminate the contract.
Rights and Obligations of Expert Ownership
8.1. The scope of the services to be provided by Expert Ownership is strictly limited to the implementation of the Leadership Retreat. Additional services are not the responsibility of TI. In particular, Expert Ownership does not provide or procure any services in connection with the arrival and departure (travel), board and lodging, or the hotel stay of the participant.
8.2. Expert Ownership is entitled to change the timing or content of a retreat, or to omit individual components of a retreat as long as the goal and overall objective of the retreat remain unchanged.
8.3. A few weeks before the start of the retreat Expert Ownership is entitled to send the participant an informational email with the summarized details for the Leadership Retreat. Expert Ownership is also entitled to communicate to participants through any means about future events, promotions, and services.
8.4. Expert Ownership is entitled to use other than announced instructors for the implementation of the Leadership Retreat in the case where an announced instructor is no longer available for reasons that are beyond EO’s control. This is especially in the case of illness or other personal incapability of the announced instructor.
8.5. In the event of failure to reach the minimum amount of participants for a retreat, Expert Ownershipis obliged to inform the participant at least 2 weeks before the start of the retreat. In such a case Expert Ownership is obliged to immediately reimburse the participant for the paid retreat fee.
8.6. In the event of failure to reach the minimum amount of participants for a retreat, Expert Ownership is not obliged to reimburse the participant for any other cancellation or booking fees for any other transport or accommodation services.
8.7. Expert Ownership expressly recommends not booking additional services such as travel services by third parties such as arrival and departure (travel), board and lodging, or the hotel stay before the end of the withdrawal period of at least 2 weeks before the start of the retreat in case of failure to reach the minimum amount of participants, unless Expert Ownership has expressly informed the participant before this date that the minimum number of participants has been reached.
8.8. In the case where a Leadership Retreat cannot take place for reasons other than that the minimum number of participants has not been reached, and if these are through no fault of EO, then Expert Ownership will immediately inform the participants and will hold the paid retreat fee as a credit that can be used for other EO services or events within 365 days of cancellation.
No further claims can be made by the participants.
Expert Ownership is not obliged to compensate the participants for any cancellation or rebooking costs for paid transportation and hotel services.
No Right of Withdrawal for Leadership Retreat
There is no right of withdrawal for participants.
Right of Cancellation
In Case of Failure to Achieve Minimum Number of Participants,
Right of Withdrawal for Expert Ownership
10.1. The Leadership Retreat offered by Expert Ownership will only take place if the minimum number of participants (5) five indicated in the offer is achieved by the specified period of withdrawal (15 days prior to the start date).
10.2. If the minimum number is not achieved by the specified time, Expert Ownership will immediately reimburse the participant’s retreat fee.
10.3. No further claims can be made by the participant. Expert Ownership is specifically not obligated to reimburse the participant for any other cancellation or (re) booking fees for any transport or accommodation services.
Short Notice Cancellation by EO Expert Ownership reserves the right to postpone or cancel the Leadership Retreat for reasons that are beyond the control of EO. In particular, this can be in case the announced instructor is prevented from teaching due to illness and no other instructor is available to replace him or her, or by force majeure that poses a risk to or affects the implementation of the retreat. In such a case the participant will immediately be reimbursed for the retreat fee. No further claims can be made by the participant. Expert Ownership is specifically not obligated to reimburse the participant for any other cancellation or (re) booking fees for any transport or accommodation services.
Cancellation by Participant
There are no refunds provided if the participant does not attend the Leadership Retreat.
Substitute Participants
Up to the start of the booked Leadership Retreat the participant can appoint a substitute participant who will take over the rights and obligations of the contract. Expert Ownership may object to the substitution of a participant in the case where such a substitution causes additional costs, or if the substitute does not fulfill the special requirements of the Leadership Retreat, or if domestic/foreign legal regulations preclude the participation. The participant and the substitute participant are liable as joint debtors to EO.
Cancellation Rights; Cancellation due to Special Circumstances
14.1. The statutory rights of withdrawal for both parties are valid.
14.2. The short-term replacement of the announced instructor by Expert Ownership does not entitle the participant to withdraw or terminate the contract.
14.3. If the implementation of the Leadership Retreat is not possible due to force majeure which was not foreseeable at the time of contract, or if the force majeure significantly impedes, endangers, or impairs the Leadership Retreat, then Expert Ownership may terminate the contract.
14.4. Expert Ownership can terminate the contract for cause before the start of a retreat and during the retreat. An important reason for the termination may be if the retreat is seriously disrupted or endangered by (a) participant(s) even after severe warnings do not stop the disruption. The termination by Expert Ownership can also be communicated by Expert Ownership representatives as they have full authorization to do so.
Liability
15.1. Expert Ownership is not liable for participant claims with regards to their contractual obligations to their hotel. This also applies to any claims made by a participant resulting from a cancellation of the hotel booking due to a cancellation of the Leadership Retreat by EO.
15.2. Expert Ownership is not liable for the services provided by third parties, in particular for travel services offered by third parties, or for third-party services that were merely offered.
Consent for Image and Video Recordings
16.1. Expert Ownership reserves the right to make an image, video, and audio recordings during the Leadership Retreat for the use and publication of such recordings in any format it chooses and through any media, it chooses including on its own website and on its own social media, as well as in communication to third party partners of Expert Ownership (instructors, conference hotels and so forth).
16.2. In accordance with section 16.1 of these Terms and Conditions the participant hereby agrees with the image and video recordings. COVID-19 Waiver of Liability and Representations IN CONSIDERATION for being permitted to participate in Leadership Retreat provided by EO, I, on behalf of myself and all persons and entities claiming by, through or under me hereby acknowledge, agree and represent that I have inspected and carefully considered the Leadership Retreat premises, equipment and facilities, and I find and accept the same as being safe and reasonably suited for my use and/or participation in the Leadership Retreat. I acknowledge that the novel coronavirus (“COVID-19”) is a global pandemic and that infections have been confirmed throughout the United States and Internationally, including in the state in which the Leadership Retreat is located. I further understand and acknowledge that the President of the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency. Further, the state in which the Leadership Retreat is located declared a State of Emergency because of COVID-19. I understand and acknowledge that EO cannot guarantee my safety or immunity from infection. There is no known vaccination for COVID-19. The mode by which COVID-19 is transmitted or how long it remains on surfaces or in the air is not entirely known. I fully understand, acknowledge and appreciate these facts and the uncertainty of the virus and how it may impact my health. I knowingly and voluntarily assume all risks associated directly or indirectly with participating in any activity at the Leadership Retreat, including classes, traveling to and from the Leadership Retreat, entering and existing the Leadership Retreat premises, using equipment at the Leadership Retreat, interacting with other persons at or around the Leadership Retreat, and/or using facilities within the Leadership Retreat premises, including restrooms (collectively, the “Voluntary Activity”). With this understanding, I knowingly and voluntarily waive and release Expert Ownership and/or their respective directors, officers, employees, volunteers, and agents (collectively, the “Releasees”), from any and all present and future claims of any type, including for any harm or loss, economic loss, personal injury, disease, death and property damage suffered by me. I agree to indemnify and hold harmless, and covenant not to sue, the Releasees for any personal injury, death, medical expenses, disability, loss of capacity, property damage, court costs, attorneys’ fees, and/or other loss, including arising out of or related, whether directly or indirectly, to any Voluntary Activity.
I represent and attest that: I am not experiencing any symptoms of illness. I do not have a fever or cough and am not experiencing shortness of breath. If I develop any of these symptoms, or if I have a suspected or diagnosed case of COVID-19, I agree that I will not attend or participate in the Leadership Retreat, or otherwise enter or be physically present at the Leadership Retreat.
I agree to follow any and all safety protocols that have been or will be implemented by EO, including those that are posted at the Leadership Retreat and those that are sent to me electronically including by text message, SMS, and/or email, as well as those posted on the website for the Leadership Retreat.
I acknowledge that EO may change these protocols at any time and I agree to abide by any and all such changes.
I do not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19.
I have not been diagnosed with COVID-19 and have not yet been cleared as non-contagious by state or local public health authorities. I am and will continue to follow recommended guidelines as much as possible, including practicing social distancing, trying to maintain separation of six feet from others, and otherwise limiting my exposure toCOVID-19.
I will not visit or use the Leadership Retreat services and/or programs of the Leadership Retreat within 14 days after (i) returning from a highly impacted area subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, and/or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. I agree to regularly check the CDC Travel Health Notices including those listed at the following site: (https://www.cdc.gov/coronavirus/2019-ncov/travelers/ index.html) before attending Leadership Retreat, or otherwise participating in services and/or programs available at the Leadership Retreat.
I agree to notify EO immediately if I believe that I am experiencing any symptoms of COVID-19 and/or if I have a suspected or diagnosed case of COVID-19.
I fully understand and appreciate both the known and potential dangers of attending the Leadership Retreat, utilizing its facilities, equipment, services, and programs, and acknowledge that the use thereof by me may, despite EO’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death. I agree and acknowledge that use of the Leadership Retreat and its facilities and services may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death and/or property damage. I HEREBY ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY DEATH OR PROPERTY DAMAGE to me, including due to negligence, active or passive, or otherwise while in, about, or upon the premises of the Leadership Retreat and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the Leadership Retreat. I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response of the Releasees and I waive any claim in respect thereof. I further expressly agree that the foregoing COVID-19 WAIVER OF LIABILITY, ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE RELEASES IN CASE OF ILLNESS, INJURY , DEATH OR PROPERTY LOSS OR DAMAGES, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID -19 AT ANY OUTLET OR PROGRAM AND ALL ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS AND IS BINDING ON ME, MY HEIRS, FAMILY, ESTATE, REPRESENTATIVES AND ASSIGNS. I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND AGREE TO ITS TERMS.
Governing Law
18.1. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of North Carolina, without regard to conflicts of law principles.