This Consent, Release and Waiver (“Agreement”) is entered into by the Adult Participant executing this Agreement (whose name is listed in the signature block) on behalf of itself/himself/herself and the Other Participants (if any, listed in the signature block), whether as their parent, legal guardian, representative, or otherwise, in favor of TBK (as defined below). Collectively and severally, Adult Participant and Other Participant, their representatives, executors, estate, heirs, successors, and assigns are referred to as “Participant”. In all such instances where the Participant is an Other Participant, reference herein to “Participant” shall also be read to include the agreement or acknowledgment of the Other Participant for himself/herself (to the maximum extent permitted under law), as well as agreement of Adult Participant on behalf of the Other Participant (to the maximum extent permitted under law) and his/her heirs, executors, estates, parents/guardians and representatives. In consideration of TBK permitting Participant to: (i) enter into the premises of any Taste Buds Kitchen location (the “Premises”) (ii) participate in activities and classes offered on the Premises (“Cooking Services”); or (iii) use the supplies, ingredients and equipment located on the Premises and other services offered, Participant agrees as follows
1. Participant understands that the Cooking Services may involve risks of injury and illness including but not limited to cuts, falls, burns, allergic reactions and other risks associated with preparing and consuming food. Participant is fully aware of the risks and assumes the risks and hazards incident to such participation. Adult Participant understands that Adult Participant is responsible for determining and disclosing whether Adult Participant or any Other Participant listed herein has any food allergies (as applicable). Participant understands that Taste Buds Kitchen International, LLC, its affiliates, franchisees and any of their owners, employees or contractors (collectively “TBK”) assume no duty to Participant regarding Participant’s medical ability to participate in any Cooking Services. All known food allergies will be disclosed prior to commencement of the Cooking Services. There may also be other risks not known or reasonably foreseen at this time. Participant agrees to assume the full risk of any injuries or associated damages or loss which Participant may sustain in participating in the Cooking Services. Adult Participant agrees that Adult Participant will not and that Adult Participant will instruct any Other Participant not to utilize any equipment on the Premises unless and until the proper use of the equipment has been explained and is understood. Participant understands that such equipment must be operated in strict accordance with instructions. In the event of any emergency, Participant authorizes TBK to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for Participant’s immediate care and agrees that Adult Participant will be responsible for the payment of any and all medical services rendered.
2. Participant, on behalf of itself/himself/herself and on behalf of any of Participant’s heirs, executors and administrators, forever release and discharge Taste Buds Kitchen International, LLC, its affiliates, franchisees and any of their employees, contractors, past, present and future directors, principals, owners, subsidiaries, divisions, affiliates, agents, and officers, collectively (the “Released Parties”), of and from any and all liabilities, losses, damages, claims, demands, suits, fines, settlements, expenses and causes of actions (including reasonable attorney’s fees and costs) based upon personal injuries or illness (including death), damages or loss to Participant, as well as property damage (i) arising out of or relating to participation, whether passively or actively in any Cooking Services or other activities on the Premises, including but not limited to use of any equipment; or (ii) occurring on the Premises, including but not limited to Participant’s use of any restroom area, common area, associated sidewalks and parking areas. Participant agrees not to bring any suits, claims, causes of action, demands or legal actions against the Released Parties. The release contained herein will be construed to apply to the greatest extent permitted by law and, if permitted by law, will apply even if any such injury or damage is caused in whole or in part by the Released Parties’ own negligence or the negligence or willful conduct of any other patron who is on the Premises or who is participating in any of the Cooking Services. Participant on behalf of itself/himself/herself and on behalf of Participant’s heirs, executors and administrators, agrees to indemnify and hold harmless the Released Parties, against all actions, claims, demands, judgments, executions, debts, costs of litigation and attorney fees of every kind and nature whatsoever, which may in any way arise out of or result from Participant’s acts or omission on the Premises. The indemnity contained in this paragraph will apply even if any such injury or damage is caused, in part, by the Released Parties’ own negligence.
3. Adult Participant understands that by participating in any Cooking Services Adult Participant is allowing Adult Participant and any Other Participant to be filmed and photographed for marketing purposes. Cooking Services may be filmed or photographed without prior notice and used for promotional purposes on the website, social media, print or television ads, in the kitchen, and anywhere else necessary. Participant agrees that no compensation will be given for the use of this media. If Participant does not wish photographs or videos of to be taken, Participant will notify TBK in writing prior to the commencement of the Cooking Services. Participant also understands and acknowledges that there may be surveillance cameras present at the Premises and, as a result, Participant may be filmed while on the Premises for safety and security purposes.
4. An inherent risk of exposure to COVID-19 exists in any public space where others are present. COVID-19 is a highly contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions or weakened immune systems are especially vulnerable. By visiting Taste Buds Kitchen, Participant voluntarily assumes all risks related to exposure to COVID-19.
5. In the event any provision of this Consent, Release and Waiver is found to be legally invalid or unenforceable for any reason, all remaining provisions will remain in full force and effect. In the event any provision of this document is found by a court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid or unenforceable as written, such court(s) may exercise its discretion in reforming such provision(s) to the extent necessary to make it reasonable and enforceable.
6. Subject to Section 8, if a dispute arises under this Consent, Release and Waiver, the parties agree that all disputes, controversies, or claims shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be filed with the American Arbitration Association in accordance with its Consumer Arbitration Rules. It is understood that any such arbitration will be final and binding and that by agreeing to arbitration, the parties are waiving their respective rights to seek remedies in court, including the right to a jury trial. The parties waive, to the fullest extent permitted by law, any right they may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Consent, Release and Waiver, whether based in contract, tort, statute (including any federal or state statute, law, ordinance or regulation), or any other legal theory. It is expressly understood and agreed that: a party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. Questions regarding the enforceability and scope of this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the terms of this Consent, Release and Waiver shall be governed by the laws of the State where the injury occurs. Unless otherwise agreed by the parties, any arbitration will take place in the State and County where the injury occurs. It is acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees, with the costs of arbitration borne equally by the parties.
7. Participant understands that IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONSENT, RELEASE AND WAIVER (HOWEVER ARISING, INCLUDING NEGLIGENCE). The laws of certain states or other jurisdiction may not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply and Participant may have rights in addition to those contained herein.
8. In the event any action for equitable relief, injunctive relief or specific performance is filed, or should any action be filed to confirm, modify or vacate any award rendered through compulsory binding arbitration, Participant hereby irrevocably agrees that the forum for any such suit will lie with a court of competent jurisdiction in the State and County where the injury occurs, and hereby agree to the personal jurisdiction and venue of such court.
9. Participant agrees that this Consent, Release and Waiver may be assigned or transferred to, and will be binding upon and will inure to the benefit of any successor of Taste Buds Kitchen International LLC, its affiliates, and franchisees.
10. Participant has thoroughly read this Consent, Release, and Waiver and understands that Participant is giving up substantial rights on behalf of Participant by signing it. Participant understands that Participant has the right to have an attorney of their choosing review and advise as to the terms and conditions of this Consent, Release, and Waiver. Participant is signing this Consent, Release, and Waiver knowingly, voluntarily and without any inducement. This Consent, Release, and Waiver replaces all earlier versions and constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. However, any booking agreement and any other non-conflicting documents executed contemporaneously with this Consent, Release and Waiver are to be read in conjunction with this document and are not superseded by this document. This Consent, Release and Waiver may only be modified in writing by the parties. Adult Participant understands that any e-mail address or contact information provided to Taste Buds Kitchen International, LLC, its affiliates or franchisees may be used to provide information, promotions and marketing materials. Adult Participant understands that he/she/it should refer to the Privacy Policy found on the Taste Buds Kitchen website for additional information regarding how information may be used. Disclaimer: This class and/or event involves the use of induction cooking. This type of cooking may not be suitable if you have certain health conditions or implanted cardiac-rhythm devices. It is recommended that you speak with your physician prior to engaging in induction cooking and prior to purchasing a class and/or attending an event where induction cooking will be used. Refunds are not provided for an inability to utilize induction cooking equipment. Taste Buds Kitchen shall not be liable for any complications that may result from your use of induction cooking equipment. |
