**ALL SALES ARE FINAL AND NON-REFUNDABLE**
Please ensure you read our policy in full and do not ask for an exception as you will be referred back to this policy. Thank you for your understanding.
In-Studio Adult Cooking Classes
4-week Culinary or Baking 101 Programs
In-Studio Kids and Teen Cooking Classes
In-Studio Camps (Summer, Winter and March)
Virtual Cooking Classes/Camps
Sickness, Illness or Inclement Weather
Private Events (In-Studio, At-Home and Virtual)
**Please do not ask for an exception as you will be referred back to this policy. We thank you for your understanding.
Release of liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement
INHERENT RISKS. The Chef Upstairs, 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. The Chef Upstairs’ 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 THE CHEF UPSTAIRS: The Chef Upstairs 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. 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 The Chef Upstairs’ 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 The Chef Upstairs cooking classes and associated activities, except where such arises from The Chef Upstairs’ gross negligence or intentional misconduct, and release The Chef Upstairs Inc., including its owners, officers, managers, employees, instructors, agents, contractors, representatives, volunteers, interns and insurers (collectively referred to as “The Chef Upstairs”) from any and all liability other than as set out herein.
INDEMNITY: I agree to indemnify and save harmless The Chef Upstairs for any and all claims, demands, actions, causes of action, lawsuits, expenses or losses whatsoever arising from the participant’s participation in The Chef Upstairs cooking classes and associated activities, except where such arises from The Chef Upstairs gross negligence or intentional misconduct.
IF THE 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 a child.
PHOTOGRAPHY: By registering for any listed program, I understand that I/they may be photographed while participating in these activities. These photographs may be used for promotional purposes and posted on social media, websites, etc
TERMS AND CONDITIONS
This agreement is a contract (“Contract”) between you (“you”, “your”, “me”, “my”, “I”) and The Chef Upstairs (“The Chef Upstairs”, “us”, “we”, or “our”) and applies to your registration for, and participation in, our cooking, classes, our camps and private events at our studios or your home/office/school (“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.
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.
We may amend this Contract at any time by posting a revised version on www.thechefupstairs.com or on any website that we may use in the future.
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.
If a class or 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 class or camp with a minimum of 48 hours prior notice. If this occurs you will be provided the option of a credit or the choice to transfer to another class at a different location and/or time.
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.
Release and Acknowledgment of Risk
As a condition of and in consideration of The Chef Upstairs allowing you to participate in one of its classes, you agree as follows:
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, my child/ward or others; (c) these risks and dangers may be caused by the negligence of the operators, owners, employees, officers, representatives or agents of The Chef Upstairs 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 The Chef Upstairs, or by any other person.
On behalf of myself, my personal representatives and my heirs, I hereby voluntarily release, waive, discharge, hold harmless, and agree to defend and indemnify The Chef Upstairs, 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 The Chef Upstairs; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of the Indemnitees.
I understand that The Chef Upstairs retains the right to take photographic or film records of any of the classes, and I agree that The Chef Upstairs 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 The Chef Upstairs and I waive any and all associated moral rights I may have in any such photographs or film records.
You agree that The Chef Upstairs is not responsible for any expense or liability resulting from cancellation or interruptions of the classes, labour disputes, war, acts of terrorism, government restraints, weather conditions, sickness, and pilferage or any other cause or reason beyond its control. The Chef Upstairs 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, The Chef Upstairs will attempt to reschedule such class.
Law and Forum for Disputes
You agree that any claim or dispute you may have against The Chef Upstairs 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.
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.
Notwithstanding anything to the contrary, you agree that The Chef Upstairs’ 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 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.
The Chef Upstairs provides the Services “as is” and without any warranty or condition, express, implied or statutory.
Idea Submission/Use of Information
While The Chef Upstairs welcomes your comments and suggestions during the classes and about its products or Services, you agree that The Chef Upstairs 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 The Chef Upstairs may publish such information, use it as part of its operations, and incorporate its concepts in The Chef Upstairs products and services without any liability or compensation to you.
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 The Chef Upstairs 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.