Cancellation Policy, Privacy Policy and Liability

In-Studio Adult Cooking Classes

• 7 or more days notice: You may reschedule. Send your reschedule request to us via email. 
• Less than 7 days notice: You cannot reschedule but please feel free to have someone attend in your place.
• No notice:  You cannot reschedule. 

4-week Culinary or Baking 101 Programs

• If you are unable to attend a class in the session: You may send someone to take your place. Any session classes are sold as packages and we do not offer credits, make up days or refunds for any missed classes.

In-Studio Kids and Teen Cooking Classes

• If your child is unable to attend a class in their session: You may send someone to take their place. Our in-studio sessions are sold as packages and we do not offer credits, make up days or refunds for any missed classes.

In-Studio Camps (Summer, Winter and March)

• Cancellation requests must be made via email at least 21 days before the start date of your child's camp session.
• All cancellations and refunds that are accepted will be subject to a $100 administration fee per camp session and per child cancelled.
• There are no substitutions, make-up days, credits or refunds for cancellations requested or missed days after the start date of your child’s camp session, regardless of the reason. 
• All of our campers and staff have a right to a safe space. Any aggressive behaviour, or any form of bullying, or verbal or physical harassment towards any campers or staff will not be tolerated and will result in an expulsion from our camp program without refund.
• Should camps be unable to run or cancelled due to government imposed restrictions or lockdowns, all registrants will receive a credit for future use for the full value of the camp. 

Virtual Cooking Classes/Camps

• 7 or more days’ notice: You may reschedule your class date. Send your reschedule request to us via email. 
• Less than 7 days' notice: You cannot reschedule but you may have someone join in your place.
• No notice:  You cannot reschedule to a future class. 

Sickness, Illness or Inclement Weather

• There are no exceptions for any reason including, but not limited to COVID-19, any sickness or illness, family circumstances, inclement weather, traffic etc.
• Consider our cooking classes and camps like cooking “events”. If you fail to show up to an event, such as a concert, you cannot get a credit back from the concert venue, no matter the reason. Please think of our classes and camps the same way.

Other Notes

• If you have any dietary restrictions, allergies or any specific requirements, please contact us prior to booking your class to ensure we can accommodate, as all sales are final
• It is the guest’s responsibility to be aware of the date and time of a class. A confirmation email is sent at the time of booking to the email used for the registration. Please make note of your class date and time. If you do not receive an email within 2 hours after booking, please contact us via email so we can forward you the details.
• Occasionally, it is necessary for us to cancel a class or camp with a minimum of 48 hours prior notice. When this occurs, we will re-book you into another class or camp of your choice. 
• Engaging in kitchen or cooking activities carries inherent risks. At The Chef Upstairs, our staff is committed to providing thorough explanations to ensure tasks are completed safely. However, guests assume full responsibility for their participation in any activities at our studios
• We take great pride in the quality of our classes and always strive for excellence. However, we understand that our classes may not be a perfect fit for everyone. In such cases, we do not offer refunds.
• By registering for and participating in any of our classes or camps, you grant The Chef Upstairs permission to capture photographs and videos of your involvement. These images and recordings may be utilized for promotional purposes.
• Should we be forced to close at any time under government orders, the above policy will apply and all those with cooking classes or events affected by the closure will be provided a credit for future use.
• All of our guests and staff deserve to enjoy our studio space. Any aggressive behaviour, or any form of bullying, or verbal or physical harrassment towards any guests or staff members will not be tolerated and will result in removal from our studio without refund.

Gift Certificates

• When using a gift certificate, the above cancellation policy is in effect.

Private Events (In-Studio, At-Home and Virtual)

• Please contact us via email for a full review of our cancellation policy
• Method of payment – Visa, MasterCard, AMEX
• A non-refundable deposit is required to reserve your event date
• Final # of guests are required to be confirmed by 1 week prior to your event date, and will be billed at that time
• For in-studio events, the final balance for any additional items (such as beverages, etc) would be billed at the end of your event on-site
• For at-home events, the final balance for any additional items (such as gratuity, travel fees, server fees, parking, etc) would be billed the day of or after your event
• You may change your event date up until 21 days prior to your event
• If you cancel with less than 21 days notice from your event date, you are responsible for the full event price (non-refundable deposit, remaining balance, and the full cost of any event extra’s ordered and already purchased by The Chef Upstairs Inc. on your behalf)
• We require that final numbers be confirmed at least 3 business days (Monday – Friday) in advance of the event and this amount will be billed to the card on file once confirmed
• Please note, exceptions will not be made for any reason including but not limited to inclement weather, sickness or illness, family circumstances, traffic etc.
• In the event of government lockdowns that prevent us from hosting your event, a credit would be applied to your account. This credit would never diminish in value or expire and could be used towards any current or future services we offer

**Please do not ask for an exception as you will be referred back to this policy. We thank you for your understanding.

PRIVACY POLICY

Privacy

Personal information collected and/or held by The Chef Upstairs is subject to our privacy policy below and will only be used for the purpose that it collected for and to contact you for offers related to our services. We will not disclose, your email address or any other information we may receive, to any third party, unless you authorize it. 

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.

Responsibility

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.

No Waiver

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

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.

No Warranty

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.

Complete Agreement

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.