LITTLE KITCHEN ACADEMY
CONSENT, RELEASE AND WAIVER (US)
Little Kitchen Academy Ltd. (“LKA”, “we”, “us, “our”) regards your safety and the safety of others with great importance and priority. We take great care to reduce the traditional risks associated with learning to cook; however, regardless of the care we take to avoid injuries, some risks are inherent in the activity and cannot be totally eliminated. For this reason, LKA requires that our students and/or parents (“you”, “yourself”, “your”) carefully review and accept the terms and conditions of this Consent, Release and Waiver prior to participating in any of the activities described below. By signing this Consent, Release and Waiver, you will waive certain legal rights, including the right to sue LKA for injuries as set out below. As such, please read this document carefully.
As valid consideration for: (i) entry into the premises of any LKA location (the “Premises”) by you and/or your minor child; (ii) participation by you and/or your minor child in activities and classes (each set of classes being a “Session”) offered on the Premises (“Self-Improvement/Instructional Cooking Services”); and (iii) your and/or your minor child’s use of the supplies, ingredients, and equipment located on the Premises and other services offered by LKA, you agree as follows on behalf of yourself and/or your minor child:
- Assumption of Risk:
- Risks: You acknowledge and agree that: (i) the Self-Improvement/Instructional Cooking Services may involve risks of injury and illness (the “Risks”), including but not limited to cuts, falls, burns, allergic reactions, and other risks associated with preparing and consuming food; (ii) the Risks may be increased as a result of the fact that the Self-Improvement/Instructional Cooking Services are being offered in a group setting; and (iii) there may be Risks that are not known or reasonably foreseeable at this time. You acknowledge and agree to assume all Risks and associated damages or losses which you and/or your minor child may sustain in participating in the Self-Improvement/Instructional Cooking Services.
- Allergies: You acknowledge and agree that you are obligated to disclose whether you have and/or your minor child has any known food allergies prior to the commencement of the applicable Self-Improvement/Instructional Cooking Services.
- Ability to Participate: You acknowledge and agree that LKA, its affiliates, and franchisees, and all of its and their owners, employees, and contractors, assume no duty to you or your minor child regarding the medical ability to participate in any Self-Improvement/Instructional Cooking Services.
- Equipment Usage: You agree that you will not and that you will instruct your minor child not to utilize any equipment on the Premises unless and until proper use of the equipment has been explained and is understood. You understand that such equipment must be operated in strict accordance with instructions.
- Emergency Treatment: If applicable, in the event of any emergency, you authorize LKA to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for your minor child’s immediate care and agree that you will be responsible for the payment of any and all medical services rendered.
- Release of Liability: You, for yourself, your minor child’s other legal guardians, your minor child, and on behalf of any of your and their heirs, executors and administrators, as applicable, forever release and discharge LKA, 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, claims, demands, damages, costs (including reasonable legal fees and costs), actions and causes of action of any kind or nature whatsoever, other than those for intentional wrongs or gross negligence (collectively, “Claims”) related to or arising from, whether directly or indirectly, activities on the Premises or otherwise undertaken in connection with the Self-Improvement/Instructional Cooking Services (collectively, “Losses”). For greater certainty, Losses include, but are not limited to: (a) personal injuries or illness (including death), damages, or losses to you and/or your minor child; and (b) property damage (i) arising out of or relating to participation, whether passively or actively, in any Self-Improvement/Instructional 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 your and/or your minor child’s use of any restroom area, common area, associated sidewalks, and parking areas. You agree not to bring any Claims against the Released Parties, whether personally or through any third party. The release contained in this Section 2 will be construed to apply to the greatest extent permitted by law and, if permitted by law, will apply even if any Losses are 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 Self-Improvement/Instructional Cooking Services. You, for yourself, your minor child’s other legal guardians, your minor child, and on behalf of your and their heirs, executors, and administrators, agree to indemnify and hold harmless the Released Parties against all Claims, each of every kind and nature whatsoever, which may in any way arise out of or result from your and/or minor child’s acts or omissions on the Premises. The indemnity contained in this paragraph will apply even if any Losses are caused, in part, by the Released Parties’ own negligence.
- Photography & Videography:
- Acknowledgement: You acknowledge that LKA may wish to film, photograph, or otherwise record your or your minor child’s image, work, or performance, or use my/their name, likeness, or other personal attributes (collectively referred to as “Works”), and may wish to display, publish, or distribute the Works on LKA’s website, social media accounts, or in LKA’s promotional materials or internal publications. You acknowledge that by your or your minor child’s participating in different activities on the Premises or in the Self-Improvement/Instructional Cooking Services, the Works may be captured in incidental ways.
- Consent: You give consent to LKA to film, photograph, or otherwise record the Works, and display, publish, or distribute the Works (including altering, modifying, and combining the Works with or into other works and creating derivative works, by means of all forms, media, and technologies now known or hereafter developed whatsoever), without prior approval or payment to you, for the following uses:
1. on LKA’s website: Yes
2. on LKA’s social media accounts: Yes
3. in LKA’s promotional materials (such as print or television ads): Yes
4. in LKA’s internal publications (such as newsletters and invitations): Yes(collectively, the “Uses”)
If you do not so consent, you must notify LKA by completing and delivering Appendix “A” to admin@LittleKitchenAcademy.com.
- Assignment: You hereby irrevocably and unconditionally assign and transfer to LKA all right, title, or interest that your minor child or you may have throughout the world in the Works, without any limitation of time, for the Uses. You acknowledge and agree that LKA and its successors, assigns, and licensees may use the Works for the Uses, by means of all forms, media, and technologies now known or hereafter developed whatsoever. You agree that no compensation will be given for the Uses.
- Restrictions: You acknowledge and agree that you will not re-post any Works from any of the sources identified in Section 3(b) on any of your own social media accounts unless they solely contain images of you and/or your minor child.
- Fees, Tuition, & Payment Policy: Applicable Self-Improvement/Instructional Cooking Services tuition and fees must be paid in full immediately following the completion of the registration form. Payments must be made via the Parent Portal accessible from our Website and may only be made using either Visa or Mastercard. For clarity, instructors do not have the ability to accept tuition payments on-site and will refuse all payment by cash, personal check, and credit card at the Premises.
- Cancellation Policy: LKA reserves the right to cancel sessions that do not meet minimum enrollment requirements up to two weeks prior to the session’s scheduled start date. Families will be notified of cancellation via email. Students from cancelled sessions may be transferred to another session free of charge. No refunds or make-up Self-Improvement/Instructional Cooking Services will be offered to students who miss any classes that they were registered for but failed to attend.
- Illness & Removal Policy: LKA reserves the right to temporarily deny any student admittance to the Premises for reasons of obvious illness, or to request early departure should symptoms become apparent during the course of a class. Any student who seems unable to participate in the cooking classes for any reason will be sent home. This is to ensure the continued good health of everyone at our Premises. For the health and well-being of the students in our care and our staff we feel this is vital to maintain a strict wellness policy. We ask for parents to assist by keeping sick students at home. It is up to our discretion when a student may return to the Premises. Additionally, fostering a safe learning environment for students is our number one priority. Therefore, LKA reserves the right to remove any student who fails to comply with LKA’s rules and regulations, including the Code of Conduct located HERE, or who engages in any unsafe activity. No refunds or make-up Self-Improvement/Instructional Cooking Services will be given to any student who is removed from class; however, the student may be allowed to attend the next class within their session provided such student has corrected the behavior and will not be a disruption to their fellow students or instructor. Make up classes will be offered to any student who misses class due to illness only; and if we are notified BEFORE the class starts, only when space is available.
- Age, Attendance, Parent Pick-up, Language, Medical, Learning Needs: Students enrolled in sessions must be the ages required for their specific Self-Improvement/Instructional Cooking Services session by the session start date, unless otherwise admitted by the instructor. LKA reserves the right to withdraw students who have been registered in an incorrect age category. Depending on availability, students may be placed in a similar session with their appropriate age group. Every student who attends a class at LKA must be registered online. Instructors do not have the ability to register students on-site. LKA is not responsible for the care of students before or after class time. Repeated lateness to class or failure to pick a student up from class may lead to a student’s discharge from the class with no refund. Classes begin and end promptly at the posted Session times. Please ensure students are on time to prevent disruptions to the other students. For safety reasons, all students must have a comprehensive understanding of the English language before attending classes.
- Withdrawals & Transfers: All requests for Session withdrawals or transfers must be made in writing prior to the Session start date. LKA does not offer refunds for withdrawals or transfers, however, LKA will happily issue a full credit towards a new Session to be used at a future date if the withdrawal or transfer request takes place at least 10 days prior to the Session start date. If the request takes place within 10 days of Session start date, 50% credit will be issued to be used at a future date. Once the Session has begun, no credits or transfers will be issued or allowed. Transfers are dependent on session availability.
You, the undersigned, have thoroughly read this Consent, Release and Waiver and you understand that you are giving up substantial rights on behalf of yourself and/or your minor child by signing it. You understand that you have the right to have a lawyer of your choosing review and advise you as to the terms and conditions of this Consent, Release and Waiver. You are 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 registration 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.
- The law requires that minors (i.e. typically, children under the age of 13) are given the opportunity to protect their own image, so we ask you to discuss this form with your child/dependent and encourage them to write their own name.
- When only one parent/guardian signs to indicate consent, he/she does so in good faith and is presumed to be acting with the consent of any other legal parent/guardian.
Name of Student
Signature of Student
Name of Parent/Guardian
Signature of Parent/Guardian
As _______________________(the “Student”), or as the parent/legal guardian of the Student, if you are not comfortable with LKA using the Student’s Works (as defined in the Consent, Release and Waiver) in the promotional activities set out therein, please sign and return the following declaration to LKA:
I hereby confirm that I have read, and fully understand the contents of the Consent, Release and Waiver and do not consent to the use of the Student’s Works by LKA. However, I acknowledge that given the nature of LKA’s operations, it may not always be practical for the Student to be physically absent from photographs, and in such instances I agree that LKA may use photographs of the Student in the promotional activities set out in the Consent, Release and Waiver provided that the Student’s face is unrecognizable or is obscured, whether due to the angle of the photograph or editing.
Name of Student or Parent/Guardian
Signature of Student or Parent/Guardian