Terms & Conditions
Booking Contract
All bookings and other transactions are made with Elective Study Abroad LLC, a Delaware limited liability company (“Elective,” “we,” or “us”).
Please read these terms and conditions carefully. When you purchase any product or service or book any Course (defined below) with Elective, you acknowledge that you: i) have read and understand these terms and conditions and any other Elective policies in effect, and ii) accept and agree to these terms and conditions and any other applicable Elective policies. The terms and conditions set forth below constitute the entire understanding and agreement between you, the Course participant (“participant,” “student,” “you,” or “I”) and Elective, with respect to any and all bookings, courses, or transactions made with us and to any and all services, and products organized, arranged, or provided by us (collectively referred to as “Course” herein). If you have confirmed a booking on any Elective course or product with more than one participant named on such booking, you shall be deemed to have accepted these terms and conditions on behalf of all participants named in the booking.
A booking is not final or confirmed until the required deposit is paid and you receive written confirmation from us by email. Early bookings are recommended because our group size and departure dates are limited.
Eligibility
Course Participants are required to be over the age of 18. We reserve the right, in our sole discretion, to decline any booking for any reason permitted by law, including those described in other sections in this agreement.
Responsibility
Elective is acting at all times as an independent contractor for all third-party suppliers (“Suppliers”) who provide your transportation, accommodations, activities, and other services in connection with your Course. While we use our best efforts to select the Suppliers for these components of your Course, you acknowledge that you are aware and clearly understand that Elective does not own, operate, or control any of the Suppliers that provide accommodations, meals, transportation, visits, activities, or other goods and services connected with your Course. These Suppliers are responsible for their performance. Elective is not liable for any negligence, willful act, financial insolvency, or default of any Supplier or any third party. Elective does not have any special knowledge about its supplier’s financial condition. A Supplier’s goods and services are subject to the Supplier’s own terms and conditions and liability waivers, as well as local laws and regulations. We will not provide any refund for a Supplier’s delay, cancellation, overbooking, or strike.
Airlines, railways, ferries, car and coach services, shipping companies, hotels, and other common carriers and suppliers have their own booking conditions or conditions of carriage, and you will be bound by these as far as the relevant common carrier or Supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant transport provider or other Supplier, and they are often also subject to various international conventions.
Validity & Pricing
Prices are based on tariffs, government fees, exchange rates, and Supplier rates in effect when our Course itineraries are first published. On very rare occasions it may be necessary for us to impose surcharges should prices increase significantly due to inflation, costs of services, foreign exchange rates, or other factors, as Elective shall determine. Such surcharges may be imposed on all customers at any time up to final payment. Elective reserves the right to adjust pricing at any time due to changes in Supplier costs. Price adjustments based on changes in Supplier costs will not be applied to customers who have already booked their Course and paid the deposit.
Prices do not include any item not specifically listed on the Course page, including but not limited to, air and other transportation to and from Course start and termination points; services and meals not listed on the Course page; all expenses during free time and Self-Guided Study time including admission fees, meals, and beverages; passports or other travel documents; travel insurance or travel protection (i.e., medical insurance, emergency evacuation and similar services); airport arrival/departure fees or country taxes; personal expenses; gratuities; and all items of a personal nature.
We are not responsible for any errors or omissions in any quotes or advertisements, including information posted on our website, which occur as a result of our reliance on incorrect information supplied by third parties. We reserve the right to make changes to and correct errors in quoted prices at any time before your Course is confirmed. We will advise you of any error of which we are aware and of the adjusted or corrected price at the time of booking. Prices and availability are not guaranteed and may change without notice, until your deposit/payment has been received by Elective and your booking has been confirmed by us in writing.
All discounts and any reduced pricing and/or promotional benefits are applied at Elective’s sole discretion. From time to time, Elective Travel may offer special discounts on select Courses. If you have previously cancelled a booking for a Course, you may not be entitled to re-book on the same or any similar Course with any promotion or discount applied. Discounts cannot be combined unless otherwise stated.
Participant Information
In order for us to confirm your travel arrangements and Course enrollment, you must provide all requested details as requested during and following your booking. Necessary details include full name as per passport, date of birth, nationality, arrival and departure flight information, phone, and WhatsApp number, as well as completion of all enrollment documentation including the Participant Health History, Medical & Dietary Restrictions, Emergency Contact, participant’s Insurance Form, and Liability Waiver. We may also request to see a copy of your passport before or during the course.
The information required from each participant may vary by Course, and will be communicated during the booking process. If all requested information is not provided within 95 days of the Course start date (or within the requested timeframe if booking less than 95 days prior to the Course start date), we reserve the right to impose late fees for missing information, and if necessary, impose the cancellation policy described in the agreement.
Fitness For Course, Medical Conditions & Special Requirements
Elective is committed to providing reasonable accommodation to participants with special needs and disabilities. If you have special needs requiring accommodation, please communicate them to Elective at the time of enrollment. We will discuss your request with you and make reasonable efforts to accommodate you. Elective cannot guarantee the condition or availability of medical facilities in the countries in which our courses are run, which may involve visiting remote or less developed regions. Therefore, it is the responsibility of the participant to consult their physician regarding any medical conditions prior to booking an Elective course.
Participants should check with consulates for the latest health requirements. Participants must bring their own medications, insect repellent or other recommended prescribed drugs, including but not limited to allergy medication (e.g., EpiPen).
Participants must report any disability requiring special attention and/or assistance to Elective at the time the booking is made to determine what assistance might reasonably be given. Elective will make reasonable efforts to accommodate the special needs of participants, but cannot guarantee it will be able to do so. Such participants, however, should be aware that the Americans with Disabilities Act is inapplicable outside of the United States and facilities outside the United States for disabled individuals are typically limited. Neither Elective nor its personnel, nor its subcontractors, is responsible for assisting with participants’ luggage or physically lifting or assisting clients into transportation vehicles.
Passengers requiring special assistance, including those who permanently or periodically use a wheelchair, must be accompanied by someone who is fit and able to assist them, and who will be solely responsible for providing all required assistance. Such companions must enroll and pay all fees as a regular participant, though we will make reasonable efforts to obtain discounts from Suppliers where possible for this additional person, if possible.
If you have a condition that requires special equipment or treatment, you must bring and be responsible for all necessary items related to your condition.
If you have a condition as contemplated herein, you travel at your own risk. Elective is not liable for any injuries or damages you may suffer relating to such a condition, including without limitation loss of special equipment, lack of assistance with or accommodation of special needs, and unavailability of medical assistance or treatment.
We will make reasonable efforts to convey any dietary restrictions to your Course guides and our Suppliers. However, given the nature of our courses and the fact that we do not operate or manage our Suppliers, we cannot guarantee that any dietary needs or restrictions can be accommodated. Elective is not liable for any failure to accommodate or fulfill any special requests or special needs. As such, it is your sole responsibility to ask any necessary questions and to make informed decisions about your dietary needs and restrictions while traveling.
By signing this agreement, you hereby grant permission for emergency first aid to be administered if deemed necessary. If an emergency or health crisis should occur on the course, Elective may attempt to help you obtain medical assistance, if it is available. The cost of any such medical assistance including any routine medical care shall be the responsibility of the participant. Elective requires all participants to obtain sufficient medical and health insurance that covers you while traveling.
Our Suppliers reserve the right to conduct common travel industry health screenings (e.g., forehead temperature readings, questionnaires, and checks for observable signs and symptoms) and refuse travel to symptomatic or likely symptomatic participants. If necessary, our Suppliers, and/or government or health officials, also reserve the right to quarantine participants with symptoms of infectious diseases aboard confined modes of transport such as ships, trains, etc.
We reserve the right in our sole discretion to accept, decline or remove anyone from a Course (at or prior to departure or during the Course) if we deem their continuation of the Course to be harmful or dangerous to themselves or other Course participants, or if a participant’s behavior impacts the overall experience for other participants.
Payments
A non-refundable deposit, the amount of which will be specified on the individual Course page, will be required to at the time of booking. Payment of the deposit to Elective constitutes acceptance of these terms and conditions.
At 120 days before your course starts, 50% of your balance is due. If you book a course less than 120 days in advance, you must pay the deposit plus 50% of the balance at the time of booking.
The final payment is due 95 days before your course starts (“Final Payment Due Date”). If you book a course less than 95 days in advance, you must pay the full balance immediately at the time of booking.
If we have not received full payment by the Final Payment Due Date, we reserve the right to charge the credit card we have on file for the balance due. If payment fails, we shall be entitled in our discretion to treat the missed payment as a breach of contract, cancel your reservation, and impose the cancellation fees specified in these terms and conditions. We also reserve the right to assign your place in the Course to the next eligible participant on the waitlist without any refund to you.
Payments can be made via Visa, Mastercard, Discover, or American Express.
Elective is not responsible for any charges levied or charged by third parties and/or financial institutions as a result of credit card or other payment transactions related to the purchase of Elective courses or products. Those fees are your responsibility; we will not refund or return those fees.
Credit/Debit Card Chargeback Policy: If you are not happy with our services for any reason, you agree not to file a chargeback with your credit or debit card before you have given us an opportunity to address the matter. Your satisfaction is very important to us and we strive to stand behind our products and services. We will work to address any issue that you might have. By signing this agreement or booking a Course with us, you agree that chargebacks are not an appropriate way to avoid our cancellation and refund policy.
Cancellations by You
Cancellations must be sent to Elective via written notification, by email, and will only take effect when the written notification is received by Elective. There is no refund for any unused services should you leave your Course early for any reason.
Our cancellation and refund policy takes into account the fact that we must advance to our Suppliers deposits for their services, which are often non-refundable.
In the event of a cancellation by you, the following charges will apply:
● Cancellations made more than 120 days prior to the Course start date will result in the forfeiture of the deposit.
● Cancellations made between 120 and 95 days prior to the Course start date will result in the forfeiture of 50% of the total Course cost.
● Cancellations made within 95 days of the course start date will result in the forfeiture of 100% of the total Course cost.
If a booking is cancelled more than 95 days before the Course start date, any fees paid, including the deposit, may be transferred to another Course scheduled to begin within the next 12 months. If that Course is of greater or lesser value, the difference in cost will be due to us or credited to your account, as applicable. Once the payment towards a Course has been transferred, it may not be transferred a second time; any subsequent cancellation will result in forfeiture of fees paid according to the above schedule, as pertains to the Course start date of the original booking. When transferring Courses, your booking will be bound to the latest version of Elective’s Terms & Conditions, a copy of which will be available on the website.
If you received a discount for booking shared accommodations with a friend or partner, and that person cancels, you will be charged the amount of any discount you received.
Elective is not responsible for any loss to the participant due to fluctuation in exchange rates between the time of booking and the time of cancellation.
No refund is due if a participant fails to join a Course, joins it after the start date, or leaves it prior to its completion for any reason. There will be no refunds for unused services after a Course has commenced. If a flight or other delay for any reason prevents you from joining the Course during any point of the Course, it will be considered a “no show” and no refund will be remitted to you. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies, your decision to not go on a Tour because of governmental/travel warnings or advisories, including but not limited U.S. State Department or World Health Organization warnings, or any other circumstances beyond our control. For this reason, we require that you secure comprehensive trip cancellation and interruption insurance in order to participate in a Course. We also highly recommend that you consider securing "Cancel For Any Reason" travel insurance, which must be obtained soon after your first deposit is paid for your Course.
Change Requests and Fees
If you request to make changes to your confirmed Course after we confirm your booking, we will do our best (but cannot guarantee we will be able to meet such requests) to accommodate your request. If we are able to make such changes, you may be charged an additional administrative fee of 10% of the total Course fees, along with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our Suppliers. Substantial change requests by you such as a change of Course dates will normally be treated as a cancellation of the original booking and rebooking in which case, the above cancellation policy will apply. Change requests must be made in writing.
Cancellations or Changes by Us
Elective reserves the right to cancel, alter or postpone a course without prior notice at any time prior to departure or after a Course commences for the safety and/or comfort of participants, or if is not viable for us to operate the planned itinerary, and for circumstances of Force Majeure (more information on Force Majeure below). No refunds will be provided if we alter, modify or change your Course, whether before or during your Course, for your safety and/or comfort, which we may determine in our sole discretion.
You acknowledge that the amenities, accommodations, transportation, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, flight cancellations, illness, strikes, political disputes, weather, border crossing problems, and other unforeseeable factors. If, prior to the Course start date, we make a significant change because of a problem with a Supplier (e.g., bankruptcy), we will, as soon as reasonably possible, notify you of available alternatives. Any changes that we make may require a supplemental payment from you. We will advise you in the event such a payment is required.
Elective will not be responsible or liable for deposits, payments, incidental expenses, policies or penalties for other services not included in the Course price, such as airline tickets, separate hotel reservations or other items (such as other trips or cruises) incurred by participants as a result of cancellation. Please refer to your required travel insurance policy for further details regarding expenses covered by your insurance carrier.
If a Course is cancelled due to reasons within Elective’s control and not for reasons due to Force Majeure, we will credit your fees paid to date to another Course of your choice within the subsequent 12 months. If that course is of greater or lesser value, the difference in cost will be due to us or credited to your account, as applicable.
Additional information regarding Force Majeure: If Force Majeure prevents, significantly hinders, renders it difficult, makes it commercially impractical, or makes it impossible for us or our Suppliers to provide the services including but not limited to your Course, we and our Suppliers shall be entitled to, and may in our complete and sole discretion, vary, delay, postpone, reschedule, alter or cancel any itinerary or arrangement in relation to the Course, including the entire Course itself. In the case of civil unrest, once we have investigated the prevailing situation, as we deem fit, it shall remain in our sole and absolute discretion whether to proceed with the Course. If we are affected by Force Majeure, we, if practicable, will notify you of the nature and extent thereof.
If a Course is cancelled due to a Force Majeure event, we will refund the full cost of the fees paid to date, less any unrecoverable costs and monies. Unrecoverable costs and monies include but are not limited to deposit monies that we have received from you and forwarded to our Suppliers, cancellation penalties imposed by third parties, our current standard fee of 10% of total course fees to cover work involved in planning, booking and organizing the course (“Administrative Fee”). Alternatively, we can credit your fees paid to date, less any unrecoverable costs and monies, to another Course of your choice within the subsequent 12 months. If that course is of greater or lesser value, the difference in cost will be due to us or credited to your account, as applicable.
Elective will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. “Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of nature and/or God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, pandemics, epidemics, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), government intervention of any kind including those that affect domestic and/or international travel, border closings, border limitations, border restrictions, weather conditions, and other unforeseen circumstances.
We shall not be deemed to be in breach of this agreement or otherwise liable to you, by reason of delay in performance, or by non-performance, of any of our obligations hereunder as a result of any cancellations, alterations or modifications under this section.
Extracurriculars
Elective may offer optional activities and other supplemental charges (“Extracurriculars”), which are specific to each Course and start date, and must be booked in advance. Elective will review all optional and supplemental requests, and will provide final confirmation of participants’ bookings once we confirm availability with our suppliers. There may be additional optional activities organized on-site by Suppliers during the Course.
Extracurriculars and other optional activities are offered and furnished by other independent suppliers who are not affiliated with Elective in any way. Extracurriculars and other optional activities that are not included in the course fees do not form part of the Course. You agree that while your group leader or local representative may assist you in arranging Extracurriculars or other optional activities, Elective is not responsible or liable for them in any way. The contract for the provision of the Extracurricular or optional activity will be between you and the activity provider. Please also be aware that you are free to participate in such Extracurriculars or other optional activities while you are on your Course and that these Courses are not mandatory. However, you must understand that such participation will be at your own risk, and that Elective assumes no responsibility or other liability for your safety.
In addition, Elective reserves the right to cancel or modify Extracurriculars or other optional activities based on availability, local constraints, weather, and other unforeseen circumstances. If we cancel an Extracurricular or other optional activity, Elective will provide the participant with a full refund. Elective will not be liable to you for any losses associated with any changes to or cancellations of optional activities or supplementals.
Passports, Visas, & Entry
Participants are responsible for obtaining all passport, visa, and/or any other travel documents required for entry into the country or countries where their course is taking place. They are responsible for providing this information to Elective, as required in the booking information for their course or any communications from Elective.
It is the responsibility of the participants to update Elective if their passport information should change at any point after they’ve provided it.
You must carry a valid passport and have obtained all of the required visas, permits, certificates, proof of vaccinations, and other travel documentation for all the countries which you will visit during your Course. Your passport must be valid for 6 months beyond the duration of the Course. It is your responsibility to ensure that you satisfy all entry requirements and that you are in possession of the correct visas, permits and certificates for your Course and that all of the information on those documents are accurate. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.
You are solely responsible for any adverse consequences, including additional costs and fees, resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747 http://www.travel.state.gov/. U.S. citizens may register for the U.S. government’s Smart Traveler Enrollment Program, a free service, at https://step.state.gov/step/. For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636, http://wwwnc.cdc.gov/travel/, or the responsible government agency in your country.
International & Domestic Flights
The booking of flights to get to and from the Course are the sole responsibility of participants. It is the responsibility of participants to update Elective about their arrival and departure flight dates, times, flight numbers, connections and any other changes.
Elective cannot be liable for mistakes or errors in airfare bookings made by the participant or any independent third parties. Elective will provide detailed course arrival and departure requirements via email and/or in the Student Portal once the participant has paid their deposit and Elective has sent notification of the “Course Confirmation.”
If the Course has surpassed the minimum capacity of required participants and is set to begin on the Course start date as scheduled, Elective will communicate Course Confirmation to participants via email no later than 120 days prior to the Course start date. If Elective determines, in its sole discretion, at or before the 120 days period that Course cannot run for any reason, including but not limited to due to low capacity or another reason, it will inform enrolled participants by email that their booking is cancelled. Cancellation terms per the above section (Cancellations or Changes by Us) will apply.
It is up to the participant to ensure the correct arrival and departure flight information from the Course start and end cities. In addition, participants are responsible for adhering to baggage allowances and other airline-specific guidelines. Any airline charges are the financial responsibility of the participant.
If internal flights are specifically included in the itinerary for a specific Course, they will be booked by Elective. Elective reserves the right to charge for any additional fees imposed by airlines to accommodate participants’ baggage on these internal flights, as well as any specific seat requirements dictated by participants.
Elective does not accept liability in the case of any passenger being denied boarding by any airline carrier due to the carrier’s overbooking of a flight or any policies, procedures, rules or regulation of the carrier.
Elective is not responsible for any change to airline schedules or flight numbers or for any additional expenses or loss that may arise from airline strikes and/or airline, airport, or weather delays. Elective will not reimburse participants for any additional expenses incurred as a result of such events or delays.
Travel Insurance
The Course price does not include travel insurance. Travel insurance is required for all of our participants and should be purchased at the time of booking from a company of your choice. Your travel insurance must provide coverage against personal accident, death, medical expenses and emergency evacuation. We also highly recommend that your travel insurance cover Cancel For Any Reason (CFAR) and Covid-related trip interruptions. You are responsible for understanding the specifics of your travel insurance policy and ensuring that you have a sufficient amount of coverage. You are responsible for advising your insurer of the type of travel, destination(s), and activities included in your course so that the insurer may provide appropriate coverage.
You must provide proof of your travel insurance at least two weeks prior to your Course start date through our Pre-Course forms. If you fail to provide proof of travel insurance by the Course start date, you will not be allowed to join the Course. Elective will not provide a full or partial refund for any cancellations or delays resulting from missing proof of travel insurance.
The choice of the insurer is in the sole discretion of participants; however, Elective may provide recommendations. Participants may purchase travel insurance from Elective’s recommended providers through Elective for an additional cost. Any purchase of travel insurance from Elective’s recommended insurance provider or any other insurance provider will be subject to the insurance provider’s terms and conditions. Elective is not an insurance company and cannot offer opinions or advice on insurance coverage. Please consult your insurance provider if you have any questions about coverage.
Weather
Elective reserves the right to modify Courses due to weather in order to safeguard against hazardous conditions. No refund will be provided by Elective for any changes to the Course due to weather conditions.
Course Content & Itinerary
The descriptions, photos, maps, and other depictions provided on the Elective website are intended to give a general overview of the course experience. While Elective strives to ensure accuracy and consistency, the details of each course may vary from one edition to the next due to factors such as Supplier availability, participant feedback, weather, or other operational reasons. As a result, Elective cannot guarantee that every aspect of the Course will match exactly what is described or depicted online. Information about what is included in the Course that you book is provided in the final itinerary and syllabus you will receive prior to your Course, which may vary from what is described or depicted online and which may vary under the terms and conditions of this agreement.
It is understood that routes, itineraries, amenities, and modes of transport may be subject to change without prior notice. These changes may occur due to circumstances beyond Elective’s control, including but not limited to illness, mechanical breakdown, flight strikes, cancellations, political or religious disputes, entry or border restrictions, weather conditions, or other unforeseen events. Refunds will not be issued for changes to the course or itinerary.
Maps provided on Elective’s website are accurate at the time of publication but may not reflect actual routing if changes are necessary. Similarly, photos shown are representative of the destinations and experiences but may not reflect specific inclusions in the course itinerary.
Compliance with Local Laws and Etiquette
You must strictly comply with all local laws, respect local customs and culture, accurately assess your abilities, respect other Course participants’ privacy, and follow the suggestions and advice of the Course Facilitator or any assigned guide. The decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of others. During the Course, the Facilitator/local guide/Supplier has the right in their sole discretion to remove anyone who they determine to detract from others’ enjoyment of the tour.
Image Release & Social Media
You agree that Elective may use, re-use, link to, repost and reproduce any images, photos, videos, or any written content (e.g., blog posts, articles) that you send to us, that are taken by our staff, and/or other participants of you individually or in a group, or that you post online including on social media using our hashtags in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promoting and publicizing our courses and products worldwide. We will strive to provide attribution. If you do not want to grant this specific right to Elective, you must contact us in writing prior to the start of your course and specifically state that you are opting out of the Images Release.
Limitation Of Liability
YOU AGREE THAT THE SOLE REMEDY FOR ANY DEFAULT BY ELECTIVE ARISING UNDER THESE TERMS AND CONDITIONS SHALL BE THE RETURN OF THE PAID TOUR COST. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES.
Amendments to Terms & Conditions
Elective reserves the right to update and/or alter these terms and conditions at any time, and shall post the amended terms and conditions on the Elective website. Any such amendment shall take effect immediately upon being posted to the Elective website or immediately upon notice to you in writing by email or mail. You are deemed to have accepted any amendments to these terms on the date they are posted to our website or when we provide notice to you in writing by email or mail. Your continued use of the services, participation on one of our Courses, or use of the Elective website constitutes acceptance of any amendments that we make to these Terms. The latest terms and conditions, as amended, may be accessed any time on Elective website, and can be sent upon their written request via email. All participants and Elective customers shall be deemed to have accepted any amendments to these terms and conditions on the date that is 7 days after their posting on the Elective website.
Refusal of Service
Elective retains the right to refuse service to any participant or potential client at any time, for any lawful reason, in its sole discretion.
Arbitration
I, the participant, agree that any dispute concerning, relating, or referring to this contract, the brochure or any other literature concerning my Course, or the Course itself, shall be resolved exclusively by binding arbitration in the state of Delaware according to the then existing rules of the American Arbitration Association in the United States of America. Such proceedings will be governed by and in accordance with substantive United States of America law.
Forum Selection
This Agreement shall be governed and interpreted pursuant to the laws of the United States of America by mutual agreement of the parties hereto and the Federal Courts in the United States of America shall have exclusive and sole jurisdiction over any dispute, controversy or suit arising relative to this Agreement.
Severability
If any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable, and which achieves, to the extent possible, the original objectives and intent of the original provision.
Successors and Assigns
This agreement shall inure to the benefit of and be binding upon Elective and you and your respective heirs, legal and personal representatives, successors and assigns.
Merger
This agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.