1. This agreement is a contract (“Contract”) between you (“you”, “your”, “me”, “my”, “I”) and Shai Mandel doing business as Rooks to Cooks (“Rooks to Cooks”, “us”, “we”, or “our”) and applies to your registration for, and participation in, our cooking school lessons, classes, our camps and our crash courses (“Services” or “lesson” or “lessons” “class” or “classes” or “camp” or “camps”). You must read, agree with and accept all of the terms and conditions contained in this Contract in order to receive our Services.
2. By completing your purchases, you accept and agree to the terms and conditions of this Contract and authorize us to charge the amounts indicated in the registration field to the credit card you have provided.
3. We may amend this Contract at any time by posting a revised version on www.rookstocooks.ca or on any website that we may use in the future.
4. To be eligible to register for any of our Services, you must be at least 18 years old (or have the permission of your guardian). If you are registering for Services to be provided to your child or ward under the age of 18 (the “Minor”), by accepting the terms and conditions of this Contract, you certify that you are the parent or legal guardian of the Minor and that you give approval to the participation in our Services by the Minor.
5. If a camp does not reach the minimum registration numbers established by us, or if unforeseen or exceptional circumstances arise, we reserve the right to cancel or postpone the camp on 7 days prior notice. If this occurs you will be provided the option of a full refund or the choice to transfer to another class at a different location and/or time.
6. If either you or your child/ward has any food allergies, you agree to call and discuss this with us prior to attending any classes or camps.
Fees, Payments and Rescheduling
7. Your place in a class is only confirmed when payment is received in full by us. We accept payment by cash, cheque, credit card or Interac e-mail transfer.
8. You are responsible to us for the full amount of the fees for the classes if any payment is later invalidated for any reason. This means that, in addition to any other liability you may have to us, you will still be responsible for the amount of the fees payment, plus any additional fees, fines or penalties incurred by us if there is a reversal of the payment by your credit card. You agree to allow us to recover any amounts due to us and you agree to reimburse us through means other than by credit card.
9. You agree that payment will be charged to the credit card that you supplied for the deposit. If you want to make alternate arrangements for final payment or to provide an alternate credit card, you must contact us before the final payment is due.
Release and Acknowledgment of Risk
10. As a condition of and in consideration of Rooks to Cooks allowing you to participate in one of its classes, you agree as follows:
11. I fully understand and acknowledge that: (a) cooking classes have inherent risks, dangers and hazards and these exist in my participation in the classes; (b) my participation or the participation of my child/ward in the classes may result in injury, illness or harm to me, mychild/ward or others; (c) these risks and dangers may be caused by the negligence of the operators, owners, employees, officers, representatives or agents of Rooks to Cooks the negligence of the other participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes; and (d) by participating in the classes, I assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence, acts or omissions or other conduct of the owners, agents, officers, representatives or employees of Rooks to Cooks, or by any other person.
12. On behalf of myself, my personal representatives and my heirs, I hereby voluntarily release, waive, discharge, hold harmless, and agree to defend and indemnify Rooks to Cooks, its affiliates and each of their respective agents, shareholders, officers, directors representatives and employees (collectively the “Indemnitees”) from any and all claims, actions or losses for bodily injury, property damage, wrongful death, harm, illness, loss of Services or otherwise which may arise out of my participation or the participation of my child/ward in the classes. I further agree to indemnify and hold the Indemnitees harmless in respect of any claims arising in connection with the classes made by: a) third parties, which arise from the misconduct of the participants or Indemnitees; b) my family members, or dependents of heirs, c) third parties or friends, and each of their family member or dependents of heirs which I, or my estate, have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Rooks to Cooks; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of the Indemnitees.
13. I understand that Rooks to Cooks retains the right to take photographic or film records of any of the classes, and I agree that Rooks to Cooks may use any such photographic or film records for promotional and/or commercial purposes without any payment or consideration to me or my personal representatives or heirs. I agree to assign all right, title and interest I may have in or to any media in which my name or likeness might be used to Rooks to Cooks and I waive any and all associated moral rights I may have in any such photographs or film records.
14. You agree that Rooks to Cooks is not responsible for any expense or liability resulting from cancellation or interruptions of the classes, labor disputes, war, acts of terrorism, government restraints, weather conditions, sickness, and pilferage or any other cause or reason beyond its control. Rooks to Cooks reserves the right to accept, or to retain or refuse any person as a participant of any class or to cancel any class if circumstances so demand. In the event a class is cancelled, Rooks to Cooks will attempt to reschedule such class.
Law and Forum for Disputes.
15. You agree that any claim or dispute you may have against Rooks to Cooks must be resolved by a court located in Ontario, Canada. You agree to submit to the personal jurisdiction of the courts located Toronto Ontario, Canada, the purpose of litigating all such claims or disputes. This Contract shall be governed in all respects by the laws of Ontario, Canada.
16. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
17. Notwithstanding anything to the contrary, you agree that Rooks to Cooks’ entire liability to you, regardless of whether your claim is based in negligence, contract or tort, will be limited to the fees you paid for the class and Rooks to Cooks will not be liable for any, reliance, special, indirect, incidental, exemplary, punitive or consequential damages of any kind including but not limited to, lost profits, lost revenues, lost savings, lost business opportunity, lost data, business interruption, or unmet expectations (whether foreseeable or not), arising out of or in connection with this Contract.
18. Rooks to Cooks provides the Services “as is” and without any warranty or condition, express, implied or statutory.
Idea Submission/Use of Information
19. While Rooks to Cooks welcomes your comments and suggestions during the classes and about its products or Services, you agree that Rooks to Cooks does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products or Services. By submitting information, or offering ideas, you warrant that Rooks to Cooks may publish such information, use it as part of its operations, and incorporate its concepts in Rooks to Cooks products and services without any liability or compensation to you.
20. This Contract, along with any applicable policies and agreements on the Terms and Conditions page on our websites, sets out the entire understanding between you and Rooks to Cooks with respect to the Services. Any terms which by their nature should survive, will survive the termination of this Contract. If any provision of this Contract is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Private Lessons and Classes
21. All payments for lessons and classes are non-refundable.
22. If you are unable to attend your booked private lesson, you must notify us by telephone or by e-mail at least 48 hours before your class date to change to another class or to send someone else as a replacement.
23. If you are unable to reschedule your lesson or to send another individual in your place AND If the personalized cooking program (the “PCP”) has not been created, a credit towards another of our Services will be issued to you.
24. You may only send someone else as a replacement for a private lesson if they have read and agreed to the terms and conditions in this Contract. If the replacement wants to have a new PCP created for him or her, an administrative fee of .00 will be charged.
25. In the event of cancellation, booked group classes are not eligible for refunds or rescheduling. However, at our sole discretion, we may choose to waive all penalties if the cancellation or rescheduling is due to a medical emergency.
Camps and Crash Courses
26. If you cancel your registration in our camp or crash course 21 days or more before the start date of the camp or crash course, you will be issued a refund of all payments, less a 100.00 administrative fee. Cancellations made less than 21 days before the start of the camp will incur an administrative fee of 100.00 and a forfeit of 50% of all payments. There are no refunds for cancellations requested or missed days after the start date of your child’s camp session.
27. If either you or your child/ward is unable to attend a camp or crash course, you may send someone else as a replacement if he or she has read and agreed to the terms and conditions in this Contract.
28. In the event of an emergency requiring cancellation, our policies are set out as below:
a. A full refund, less a administrative fee, will be provided if either you or your child/ward is unable to participate in the camp or crash course due to a medical issue which arises before the start of the camp or crash course. In this case we require a doctor’s note.
b. A full credit, less a administrative fee, which may be used towards any of our other Services, may be issued at our sole discretion, if either you or your child is unable to participate due to a non-medical emergency and we are advised before the start of the camp or crash course.
c. Once the camp or course has started, no refunds or credits will be issued.
29. We reserve the right to refuse enrollment or to dismiss a camper if, in our sole discretion, such refusal or dismissal is necessary to preserve the safety and security of the camp and/or other campers and participants. You will not be entitled to a refund in the case of such a dismissal.
30. Early and late drop off is available as an added service for all of our camps. Should you bring or collect your child/ward outside of the stated hours for the camp, we will charge the cost of the early and late drop off service to your account.
31. The terms stated in our April 29th and 30th email, sent to families enrolled in our 2020 summer camps, are as follows:
a. Option 1: Maintain your registration with the uncertainty that exists, and in turn agree to the new terms and conditions as follows: “In the event we are unable to run as planned due to either direct or indirect effects of COVID-19, you will be refunded 75% of the total amount paid.” OR
b. Option 2: Cancel now and proceed with our original cancellation policy (a full refund less a $100.00 administrative fee per session enrolled). Full refunds will be issued for any pre-paid pop up tickets and additional care arrangements. As a good will gesture, we will also include the following: our upcoming 10 episode virtual master class “Chef Shai’s Signature Recipes” (valued at $200.00), exclusive access to a LIVE virtual butter tart workshop, led by me personally (valued at $35.00), plus the recipe booklet for each summer session registered (valued at $25.00 per booklet).
Virtual Classes, Courses and Camps
32. Any cancellations made 10+ business days from the start of your program, class or camp will result in a full refund less a $28.00 administrative fee.
33. If you cancel within 10 business days from the start of your program, class or camp, there will be no refunds. You may either transfer to another available class or course of equal value or transfer your fees to a future virtual service of equal or greater value in which you will only pay the difference in registration fees.
34. If you cancel within 2 business days from the start of your program, class or camp, there will be no refunds or transfers.
Release of liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement
INHERENT RISKS. Rooks to Cooks cooking classes involve activities, including food preparation, cooking and consuming food products, which by their nature involve inherent risks. There are numerous such risks, not all of which can be described herein, but may include those arising from the use and operation of high risk kitchen equipment and tools, such as: knives, gas or electric burners, oven, deep fryer, waffle iron, electric mixers, blenders, microplane, mandolin, mallet, cheese grater, peeler, and all cookware. Rooks to Cooks cooking classes are hands-on and student participation involves using knives and other sharp utensils, and participants will be working with, and in close proximity to, kitchen equipment, appliances and hot surfaces. Classes may also involve handling of raw food items, including meat. Potential risks may include, but are not limited to cuts, scrapes, bruises, sprains, puncture wounds, burns, scalds, broken bones, slips and falls, concussions, allergic reaction, food poisoning, choking, eye injury or eye irritations, skin irritations, and catastrophic injuries, including paralysis and death.
SAFETY PRECAUTIONS BY ROOKS TO COOKS: Rooks to Cooks is committed to safety and health at all times in our in person and virtual kitchens. Staff perform proactive safety demonstrations prior to using any and all utensils and equipment. Staff perform proactive sanitation demonstrations at the start of and during the program. For in person programs, students are supervised at all times and will be given age-appropriate tasks. For virtual programs, students are expected to be supervised by their guardians with the support of our chef instructors.
ASSUMPTION OF RISK: I acknowledge that I understand the risks (including, but not limited to, those described above) associated with participation in Rooks to Cooks cooking classes and associated activities and agree to the assumption of such risks.
LIMITATION OF LIABILITY: By registering for a course or class, I hereby waive any and all claims, demands, actions, causes of action, lawsuits, expenses or losses whatsoever arising from participation in Rooks to Cooks cooking classes and associated activities, except where such arises from Rooks to Cook’s gross negligence or intentional misconduct, and release Rooks to Cooks Inc., including its owners, officers, managers, employees, instructors, agents, contractors, representatives, volunteers, interns and insurers (collectively referred to as “Rooks to Cooks”) from any and all liability other than as set out herein.
INDEMNITY: I agree to indemnify and save harmless Rooks to Cooks for any and all claims, demands, actions, causes of action, lawsuits, expenses or losses whatsoever arising from the participant’s participation in Rooks to Cooks cooking classes and associated activities, except where such arises from Rooks to Cook’s gross negligence or intentional misconduct.
IF PARTICIPANT IS A MINOR. If the participant is under 18 years of age, I am the parent and/or legal guardian of the participant and have authority to enter into this agreement on behalf of such child.