PARTICIPANT'S WAIVER

PARTICIPATING IN ONLINE CULINARY CLASSES – WAIVER

BY PAYING FOR AND/OR REGISTERING FOR ROSIE’S KITCHEN CO. CULINARY CLASSES,  THE PARTICIPANT(S) WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

PLEASE READ CAREFULLY!

You (and, if appropriate, your minor child), as the class participant(s) have agreed to participate in online baking or cooking lessons (the “Activities“) held by Rosie’s Kitchen Co. and Rosemary Coelho (together, the “Company“) and hereby confirm your agreement to the terms and conditions set forth in this agreement (this “Agreement“).

 

  1. Understanding of Agreement. You have read this Agreement and understand its terms. If you are agreeing to this Agreement on behalf of a minor, you hereby represent and warrant that you have explained the terms of this Agreement to such minor, that he or she or they fully understand the terms contained herein, and acknowledge both on your behalf and on behalf of such minor agreement to the terms and conditions set forth herein.
  1. Assumption of Risk.  You are aware and understand that the Activities involve many risks, dangers and hazards, including but not limited to risk of serious injury, death, or property damage. By participating in the Activities, YOU AGREE TO ASSUME RESPONSIBILITY FOR ALL RISKS AND HAZARDS ASSOCIATED WITH SAID ACTIVITIES. You agree to hold harmless the Company from any claims for damages, liability and causes of action which may arise out of your participation in the Activities including any loss or damage to property by way of fire or any other occurrence, injury including burns, cuts or as a result of any tripping hazards, loss or damage related to the use of cooking equipment and tools which may result in physical exertion, repetitive motions, lifting and carrying objects (sometimes heavy), illness, food poisoning or adverse reactions resulting from the improper handling or preparation of food, its storage, re-heating and consumption during or following the Activities, or other damages sustained by yourself or other persons in connection with your participation in the Activities. Where you have executed this Release on behalf of a minor, you agree to assume responsibility and liability associated with the participation of the minor in the Activities.
  1. Release and Waiver. You hereby fully and forever release and discharge the Company from all actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, claims and demands whatsoever, including direct, special, indirect, incidental, punitive or exemplary damages of any kind, either in law or in equity, that may arise from your participation in the Activities. You agree not to make or bring any such claim, action, proceeding or make any demand against the Company or any person or corporation who might claim contribution, indemnity declaratory relief or any other relief from the Company. You agree to indemnify the Company from and against any liabilities, expenses (including legal expenses) and damages arising out of claims commenced by yourself or by others who seek contribution and indemnity from the Company. You also agree, whether now or in the future, to hold the Company harmless from any claims of defamation, invasion of privacy, rights of publicity or copyright, or any other rights that may be claimed.
  1. Allergens. You are aware that you are responsible for avoiding any contact with ingredients and/or food allergens which may cause you harm while participating in the Activities. You acknowledge that the Company accepts no responsibility for ensuring that allergy and dietary requirements are adhered to for any food consumed in association with the Activities.
  1. Safety. You agree that you will attend the session in good health, agree to be sober at all times and refrain from using profanity. You agree to participate in the Activities in closed-toed shoes. If you are signing this agreement on behalf of a minor, you will ensure that the minor is wearing closed-toed shoes and agree to supervise the minor’s use of knives, the oven, stove or other cooking equipment. The Company reserves the right to dismiss any participant from the Activities it perceives to be a danger to themselves or others.
  1. Media Release.  You consent and give permission to the Company to disclose your identity and to reproduce and distribute videos, films and photographs of yourself (including any minor) for promotional materials related to the Company’s website, social media or training purposes, without restriction as to frequency or duration of usage and without compensation. You withdraw any right to record any online or live sessions for personal use. You withdraw any right to circulate any images or content associated with the Activities unless you have obtained direct consent from the Company.
  1. Privacy Policy. You acknowledge that you have read and understand the Company’s Privacy Policy located at https://rosieskitchen.co/. You provide consent to the use of your personal information as described therein.
  1. Payment and Cancellation.  You acknowledge that it is your responsibility to pay for and ensure you have the ingredients and equipment required to participate in the online cooking or baking class. The Company is not liable to provide any refunds, exchanges, reschedule a class, pay for the cost of ingredients or equipment, and is not liable in any way if you do not attend class with the necessary ingredient and equipment list. Once payment has been made in full, payment is non-refundable and non-transferable to other individuals or event dates absent the express permission of the Company, at its sole discretion. Only paying guests will be permitted to participate, attend, view and/or listen to the Activities. The Company reserves the right (without issuing a refund, discount or credit to the event organizer and/or participants) to cancel or change the event date, day and/or time, instructor, for any reason
  2. Governing Law. This Agreement and any rights, duties and obligations as between the parties to this Agreement will be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario and I hereby consent to the exclusive jurisdiction of such courts.
  1. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY.