CULTIVATED KITCHEN STUDIO TERMS OF USE

(EFFECTIVE DATE FEB. 1, 2020)

These Terms and Conditions constitute a legal and binding contract between CULTIVATED KITCHEN STUDIO LLC (“CKS”) and you (the “Agreement”), you are agreeing to be bound by all provisions in this Agreement at the time of your acceptance.

This Agreement may be updated at any time. It is your responsibility to review the most recent version of this Agreement when registering and purchasing classes or services and to remain informed of your obligations.

All participants must acknowledge and sign the Terms of Use form when they arrive at CKS before they can participate in any activity with CKS.   Copies of the Terms of Use form will be distributed to each person to be signed and then the signed copies will be stored on file at CKS.  You may receive a copy upon request.

Reservation Policy

  • Payment in full is required at time of registration by credit card or gift certificate. If you wish to pay by cash or check, please contact CKS for alternate payment arrangements or visit our studio at 2851 Plano Pkwy #230 The Colony Texas 75056.

  • To see about having a private event or catering done by CKS please see our Private Events & Catering page on the CKS website. Please fill out the form at the bottom of the page and submit it in and CKS will contact you in a timely manner.

  • If CKS cancels a class due to low enrollment or other extenuating circumstances beyond our reasonable, all participants will receive a credit towards another class, or a full refund.

  • CKS may substitute food items based on availability.

  • Payments will be processed at time of registration.

  • Once you complete the registration and CKS receives payment in full, CKS will email your registration confirmation along with directions to CKS.  Please notify CKS immediately if you do not receive a confirmation email.  Participants are responsible to ensure they receive registration confirmation.

Cancellation Policy

  • All cancellations require a 48hour notice from the day of the scheduled class for a full refund or class credit. If you cancel less than 48 hours before your scheduled class day, CKS will not issue any refund or class credit.  CKS cannot provide refunds or class credits for classes missed as a result of illness, job loss, personal emergencies, scheduling conflicts, or events beyond CKS’s control.  You may send another participant in your place in any such circumstance, provided such participant meets the participation criteria of CKS and you contact CKS by phone or email with the information of who will be taking your place.

  • .In the event you cancel a class CKS will open that spot back up for others to purchase.

  • As a courtesy, we may send a reminder email prior to your scheduled class, though CKS cannot guarantee that a reminder will be sent.  Participants are responsible to arrive at class.  CKS cannot provide refunds or credits when a participant fails to attend a reserved class.

Staying Safe and Healthy

  • You are responsible for: (i) informing CKS if you have any medical and/or food allergies and/or other dietary restrictions; and (ii) avoiding any contact with such items which may cause medical and/or food allergies.  CKS may attempt, but cannot guarantee, to accommodate your allergies or dietary restrictions.  It is your responsibility to prevent allergic reactions by avoiding food items that may cause such reactions.

  • Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness.

  • CKS is a bring-your-own-beverage “BYOB” facility so you are expected to abide by all local, state, & federal laws and regulation apply.

  • You should be dressed comfortably but with safety in mind. Flip-flops and open-toed shoes are not permitted in the kitchen. Do not wear loose clothing that could get caught in machinery or equipment. Jewelry should not be worn. You should wear hair clips or bands for long hair.

  • Children under the age of 18 will need to have a parent or legal guardian sign this Terms of Use form for them or they will not be allowed to attend or participate in their scheduled class. If the parent or legal guardian choose not to come to the studio to sign the Terms of Use form, they can print this one out and sign it for there child to bring with them.

  • Children under the age of 16 will need to be accompanied by a parent or legal guardian for the entire time of the CKS activity.

  • PURSUANT TO CKS’S LEASE OBLIGATIONS, NO FIREARMS ARE ALLOWED ON THE CKS PREMISES AT ANY TIME.

  • I agree to strictly abide by instructions and directions provided by CKS instructors and personnel. 

ASSUMPTION OF RISK, WAIVER, AND RELEASE

The class or classes I am registering to take with CKS are for the purpose of learning to cook, which involves preparing and cooking food.  Like all cooking activities, certain risks and dangers arise, not all of which can be described herein, but may include, without limitation, cuts, scrapes, scratches, puncture wounds, thermal burns, chemical burns, scalds, injuries from using cooking equipment and instruments, eye injuries or irritation, skin irritations, allergic reactions, food poisoning, slips, falls, and choking. 

I HAVE READ THE AFOREMENTIONED RISKS AND I AM FAMILIAR WITH THE NATURE OF THE CLASSES AND ACTIVITIES INVOLVED IN THE COOKING CLASSES.  I UNDERSTAND AND APPRECIATE THE INHERENT RISKS AND THE TYPES OF INJURIES THAT MAY OCCUR AS A RESULT OF MY PARTICIPATION.  I ASSERT THAT MY PARTICIPATION IN CKS’S CLASSES OR ACTIVITIES IS VOLUNTARY AND I KNOWINGLY ASSUME ALL RISKS ASSOCIATED THEREWITH.

I UNDERSTAND THAT I AM ULTIMATELY RESPONSIBLE FOR MAINTAINING THE QUALITY OF THE FOOD I PREPARE, COOK AND EAT DURING ANY CLASS OR AFTER ANY CLASS.  I ALONE AM RESPONSIBLE FOR PROTECTING MYSELF AGAINST ALLERGIC REACTIONS PERTAINING TO FOOD.

FURTHER, IN CONSIDERATION OF MY  OPPORTUNITY TO PARTICIPATE IN A CLASS OR ACTIVITY, I DO HEREBY WAIVE, RELEASE, INDEMNIFY AND SHALL HOLD HARMLESS CKS AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, CHEFS, EMPLOYEES, ATTORNEYS, AGENTS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, LOSSES, INJURY, DAMAGES, LIABILITY, ATTORNEY FEES, COSTS, AND/OR EXPENSES OF LITIGATION, IN LAW OR IN EQUITY, WHETHER KNOWN OR UNKNOWN, THAT HAVE ARISEN OR MAY ARISE FROM MY PARTICIPATION IN OR ATTENDANCE AT ANY CLASSES OR ACTIVITIES PROVIDED BY CKS, OR FROM MY USE OF ANY RECIPE, SKILL, TECHNIQUE, OR METHOD LEARNED FROM CKS OR IN ANY OF CKS’S CLASSES OR ACTIVITIES INCLUDING NEGLIGENCE BY CKS OR ITS PERSONNEL.  FURTHER, I PROMISE NOT TO SUE ANY OF THE RELEASED PARTIES FOR SUCH DEMANDS, CLAIMS, OR LIABILITY.

CKS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES REGARDLESS OF THE BASIS OF THE CLAIM. 

I WILL NO LATER THAN 30 DAYS AFTER WRITTEN DEMAND PROMPTLY AND FULLY COMPENSATE CKS FOR DAMAGES OR LOSSES INCURRED BY CKS DUE TO MY OWN ACTS OR OMISSIONS. 

SHOULD I CHOOSE TO DISREGARD THE ABOVE PROMISE, I SHALL FIRST SUBMIT SUCH CLAIM TO MEDIATION WITH A MEDIATOR AGREED TO BY BOTH CKS AND ME. THE EXPENSES OF SUCH MEDIATION SHALL BE SHARED EQUALLY BY BOTH PARTIES.

INTELLECTUAL PROPERTY AND PRIVACY

Recipes

At the end of the course, recipes will be given to participants for the food items produced.  CKS hopes you will use these recipes for personal use.  HOWEVER, THESE RECIPES ARE AND REMAIN THE INTELLECTUAL PROPERTY OF CKS.

 

You may not use CKS’s recipes for any commercial use.  CKS reserves the right to take judicial action to prevent any unauthorized use of CKS’s recipes.

Photographs, Videos, and Recordings

To ensure the privacy of other attendees, and to protect CKS’s intellectual property, you may not make video, audio, or any other recordings of any of CKS’s classes or activities without first obtaining CKS’s prior written consent.  You may take photographs of your participation in CKS’s classes and activities for personal use; provided, however, that you must obtain consent of any other participants or any chef or employee of CKS included in such photographs.

 

Unless you provide CKS with written notice to the contrary, prior to your participation in any CKS class or activity, you agree that CKS may take photographs or make video, audio, or other recordings of such class or activity, and hereby grant CKS permission to use such photographs or recordings, along with your image, voice, performance, or likeness, on CKS’s website, for marketing and advertising purposes, in connection with media releases, for informational purposes, and for any other commercial purpose reasonably related to CKS’s business as determined by CKS.

Privacy

CKS shall take all lawful commercially reasonable measures to preserve the confidentiality of any information you provide to CKS and will not sell or give your information to any third party except for purposes of payment processing or providing services to you directly.

I, the undersigned, have thoroughly read these Terms and Conditions and I understand that I am giving up substantial rights on behalf of myself and/or my minor child by signing it. I understand that I have the right to have an attorney of my choosing review and advise me as to the terms and. I am signing this knowingly, voluntarily and without any inducement.

Dated: __________________ Email Address: ________________________________

 

ADULT PARTICIPANT (Ages 18 or older) Adult Participant Name (print, first & last):________________________ Signature:______________________ CHILD PARTICIPANT

 

Any adult signing on behalf of a minor represents to the Released Parties that he/she is the parent or legal guardian of the minor, he/she has legal capacity and authority to act for and on behalf of the minor, and agrees to INDEMNIFY AND DEFEND the Release Parties from and against all claims or liabilities resulting from or relating to any insufficiency of the undersigned's legal capacity or authority to act for or on behalf of the minor herein. Child Participant’s Name (print, first & last): _________________________ Parent/Guardian Name (print, first & last): ________________________ Signature:_____________________

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©2019 by cultivatedkitchenstudio.com. 

2851 Plano Pkwy Suite 230, The Colony, TX 75056