TERMS AND CONDITIONS
This agreement is a contract (“Contract”) between you (“you”, “your”, “me”, “my”, “I”) and Muriel’s Kitchen. (“Muriel’s Kitchen”, “us”, “we”, or “our”) and applies to your registration for, and participation in, a creative workshop (“Services” or “class” or “classes”). You must read, agree with and accept all of the terms and conditions contained in this Contract.
By clicking “I accept” you accept and agree to the terms and conditions of this Contract and authorise Muriel’s Kitchen to charge the amounts indicated in the registration field.
Muriel’s Kitchen may amend this Contract at any time by posting a revised version on www.murielskitchen.org (“our website”). The revised version will be effective at the time we post it.
To be eligible to register for a workshop, your child must be at least 5 years old (or have the permission of Muriel’s Kitchen).
If a class does not reach the minimum registration numbers established by Muriel’s Kitchen, or if unforeseen or exceptional circumstances arise, Muriel’s Kitchen reserves the right to cancel or postpone the class on 24 hours prior notice. If this occurs you will be provided the option of a full refund or the choice to transfer to another workshop at a different location and/or time.
If you have any food allergies, you agree to call and discuss this with us prior to attending any workshop.
All workshop are subject to change on the day to take advantage of market availability and seasonal variety.
Fees, Payments and Rescheduling
All payments for workshops are non-refundable UNLESS a refund is requested 7 days prior to the first date of the workshop. If you are unable to attend your booked workshop, you must notify Muriel’s Kitchen by email at least 1 day before your workshop date to change to another workshop or to send a friend as a replacement. You may only send a friend if they have read and agreed to the terms and conditions in this Contract.
Your place in a workshop is only confirmed when payment is received in full by Muriel’s Kitchen.
You are responsible to Muriel’s Kitchen for the full amount of the fees for the workshop if any payment is later invalidated for any reason. This means that, in addition to any other liability you may have to Muriel’s Kitchen, you will still be responsible for the amount of the fees payment.
Privacy
Personal information collected and/or held by Muriel’s Kitchen is subject to privacy policy and will only be used for the purpose that it collected for and to contact you for offers related to Muriel’s Kitchen and its affiliate’s products and services. We will not disclose, your email address or any other information we may receive, to any third party, unless you authorise it.
Release and Acknowledgment of Risk
As a condition of and in consideration of Muriel’s Kitchen allowing you to participate in one of its classes, you agree as follows:
I fully understand and acknowledge that: (a) cooking workshops have inherent risks, dangers and hazards and these exist in my participation in the workshops; (b) my participation in the workshops may result in injury, illness or harm to me or others; (c) these risks and dangers may be caused by the negligence of the operators, owners, employees, officers, representatives or agents of Muriel’s Kitchen, 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 workshops, 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 Muriel’s Kitchen, 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 Muriel’s Kitchen, 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 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 dependants of heirs, c) third parties or friends, and each of their family member or dependants 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 Muriel’s Kitchen; 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 Muriel’s Kitchen retains the right to take photographic or film records of any of the workshops, and I agree that Muriel’s Kitchen 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 Muriel’s Kitchen and I waive any and all associated moral rights I may have in any such photographs or film records.
Responsibility
You agree that Muriel’s Kitchen is not responsible for any expense or liability resulting from cancellation or interruptions of the workshops, labor disputes, war, acts of terrorism, government restraints, weather conditions, sickness, and pilferage or any other cause or reason beyond its control. Muriel’s Kitchen reserves the right to accept, or to retain or refuse any person as a participant of any workshop or to cancel any workshop if circumstances so demand. In the event a workshop is cancelled, Muriel’s Kitchen will attempt to reschedule such workshop.
Liability
Notwithstanding anything to the contrary, you agree that Muriel’s Kitchen 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 workshop and Muriel’s Kitchen 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
Muriel’s Kitchen provides the Services “as is” and without any warranty or condition, express, implied or statutory.
Idea Submission/Use of Information
While Muriel’s Kitchen welcomes your comments and suggestions during the classes and about its products or Services, you agree that Muriel’s Kitchen 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 Muriel’s Kitchen may publish such information, use it as part of its operations, and incorporate its concepts in Muriel’s Kitchen 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 Muriel’s Kitchen 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.