Participant Waiver, Release, and Agreement
BY CHECKING THE BOX DURING ONLINE REGISTRATION AND COMPLETING MY PURCHASE FOR PARTICIPATION IN SEASHORE GOURMET LLC’S (THE “COMPANY”) COOKING CLASSES (“CLASS”), I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO THIS PARTICIPANT WAIVER, RELEASE, AND AGREEMENT (“AGREEMENT”). I UNDERSTAND THAT THIS IS A LEGAL CONTRACT THAT AFFECTS MY RIGHTS, INCLUDING MY RIGHT TO SUE, AND THAT BY AGREEING I AM WAIVING CERTAIN LEGAL RIGHTS.
1. Assumption of Risks. My choice to participate in the Class is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Class involves inherent risks related to preparing food, consuming certain foods and working with tools and appliances. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities or equipment. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
2. Release and Waiver. I fully and forever release and discharge the Company and its respective affiliates, directors, officers, managers, shareholders, employees, agents, and insurers, and all others involved in the Class (collectively referred to in this Agreement as “Company”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Class, even if they are due to the ordinary negligence, injudicious act, omission, or other fault of the Company. This waiver and release does not extend to claims for gross negligence, intentional misconduct, or any other actions that Applicable Law does not permit to be released by agreement. This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation.
3. Food Safety and Allergies. I understand and acknowledge that the cooking environment may contain common allergens, including but not limited to nuts, dairy, gluten, shellfish, eggs, soy, and other potential allergens. While reasonable efforts may be made to accommodate dietary restrictions, I understand that cross-contact may occur and that Company cannot guarantee an allergen-free environment. I agree that I am solely responsible for managing my own allergies and dietary needs, and I release Company from any liability for allergic reactions or other adverse effects that may occur as a result of my participation. It is my responsibility to inform staff in writing of any known allergies or dietary restrictions prior to class.
4. Alcohol Consumption Policy. Classes are bring your own beverage (“BYOB”) for participants that are 21 years of age and older. I understand that alcohol may be served or consumed during the Class, provided it is legally permitted and complies with state and local laws. I further understand and agree that any and all consumption or use of alcohol by me or another Class participant is wholly the respective participant’s own personal responsibility. I understand that excessive or irresponsible alcohol use may result in removal from the Class. I will defend, indemnify, hold harmless, and reimburse the Company from and for all damages, losses, costs, or expenses (including legal fees) incurred by the Company or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise related to my consumption of alcohol before, during, or after the Class. I will reimburse the Company if anyone makes a claim against the Company related to my consumption of alcohol before, during, or after the Class, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
5. Covenant Not to Sue. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against the Company, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Class, and I waive any right I may have to do so. This means that I cannot sue to hold the Company responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Class, even if it is due to the ordinary negligence, injudicious act, omission, or other fault of the Company.
6. Model Release. I agree that Company may photograph, film, and/or otherwise record me (collectively, “Media”) during the Class and use any Media from the Class for Company’s portfolio, advertising, website, blog and any other means of promotion. I waive any right to payment, royalties or any other consideration for the use of the Media. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
7. Cancellation and Refund Policy. I understand and acknowledge that cancellation must be made at least five (5) days prior to the scheduled start time for a Class to receive a full refund. Refunds will be processed using the original payment method. Cancellations made within five (5) days of the start time of the cooking class and no-shows participants will not be refunded. If you arrive more than fifteen (15) minutes last to your class, you understand that while we will do our best to get you up to speed, your class experience may be impacted and no refund will be provided. Cancellations can be made by emailing hello@seashoregourmet.com. If a person is dismissed from a Class because of inappropriate or aggressive behavior, no refund will be issued.
If Company must cancel a Class due to inclement weather or other circumstances beyond our control (e.g., power outages, facility issues, etc.), we will attempt to notify you by email or telephone with as much notice as possible. If this occurs, Company will issue a full refund to the original form of payment. However, if we do not affirmatively cancel a Class by email or telephone and you are unable to attend, our standard cancellation policy applies.
8. Age Requirements. By signing this Agreement, I certify that I am at least 18 years of age and understand that no one under the age of 18 is permitted to participate in or attend any class.
9. Participant Behavior. By signing this Agreement, I agree to conduct myself in respectful, safe, and considerate manner at all times during the Class. I will follow all instructions provided by the instructor, treat the instructor, staff and other participants with courtesy and respect. I disruptive, unsafe, or inappropriate behavior, including but not limited to horseplay, harassment, discrimination, or use of offensive language. I understand that Company reserves the right, at its sole discretion, to remove any participant from a class for behavior that violates these expectations or otherwise interferes with the safe and enjoyable experience of others. No refunds will be issued in such circumstances.
10. Company Terms. I understand and acknowledge that the Company’s Terms of Use and Privacy Policy are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Class.
11. Additional Provisions. It is my intent that the words, terms, provisions, covenants, and remedies contained in this Agreement shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations (“Applicable Law”). If any portion of this Agreement is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Agreement to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Agreement shall continue from this date forever. This document constitutes the entire agreement between the Company and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).