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.Responsibility
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.No Waiver
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.Liability
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.No Warranty
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.Complete Agreement
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.