Terms and Conditions
These Terms and Conditions constitute the legal agreement (the "Agreement") between you (the "Customer") and League of Kitchens, LLC (the "Company," "us" or "our"), a New York limited liability company, governing your participation in one of the Company’s cooking workshops (the "Workshop") held at the home (the "Home") of a designated instructor (the "Instructor").
Terms of Sale. You hereby authorize the Company to charge you (or, as applicable, the credit or debit card you have provided) for the full amount of the tuition fee (including any related taxes) associated with the Workshop.
By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all of the information you provide to us in connection with such order is true and accurate and that you are an authorized user of the payment method provided.
Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us or our designee, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed.
We reserve the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change.
Customer's Obligations. You agree to cooperate with the Company and the Instructor in all matters relating to the Workshop and to abide by all applicable laws relating to, or in connection with, your use of the Company’s goods and services.
Customer's Acts or Omissions. If the Company’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, Company shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
Cancellation Policy. If you cancel at least 14 days prior to the date of your Workshop, you may receive a full credit of any amounts already paid to the Company, solely through the application of such amounts toward your participation in a future Workshop and not through any cash refund to you. No refunds or credits will be provided if you cancel less than 14 days prior to the date of your Workshop, provided that you may send someone else in your place subject to the Company’s consent in advance. Such consent shall be provided at the Company’s sole and absolute discretion.
NEITHER THE COMPANY NOR THE INSTRUCTOR MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY ITEM OR SERVICE THAT MAY BE PROVIDED TO YOU IN CONNECTION WITH THE WORKSHOP OR THE USE OR RESULTS THEREOF.
YOU HEREBY AGREE THAT ALL ITEMS PROVIDED TO YOU IN CONNECTION WITH THE WORKSHOP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Limitation on Liability.
Participation in the Workshop is at your own risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AND/OR DAMAGES ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE WORKSHOP AND RECEIPT OF THE PRODUCTS AND SERVICES RELATED THERETO.
IN NO EVENT SHALL ANY RELEASED PARTY (AS DEFINED IN SECTION 8.3) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING IN CONNECTION WITH THE WORKSHOP OR PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR INSTRUCTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby release, acquit and forever discharge the Company, its past and present employees, officers, directors, agents, insurers, attorneys, board members, successors, assigns, members, affiliates and other representatives, and anyone acting on its behalf (including, without limitation, the Instructor) (the "Released Parties") of and from any and all manner of actions, liabilities, damages or losses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, direct, derivative, vicarious or otherwise, whether based in contract, tort, or other legal, statutory, or equitable theory of recovery, each as though fully set forth at length herein, which you may hereafter have against any Released Party, by reason of any matter, cause, act, omission or thing whatsoever to the extent arising out of, based upon, or relating to the Workshop AND THE PRODUCTS AND SERVICES RELATED THERETO.
Ownership of Works.
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to all documents, work product and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the Company or Instructor relating to the Workshop shall be owned by the Company. You may use the written recipes for personal use but not for commercial or editorial projects such as video, film, broadcast, multimedia, live performance, electronic or print media, including advertising, without Company consent.
You hereby acknowledge that photographs and videos will be taken from time to time during the Workshop and hereby give permission for the Company to use such photographs and videos for promotional purposes. All photographs, videos, and written materials created by the Company for promotional purposes used in connection with the Company’s business shall be considered "Works," and the Company shall have all right, title, and interest in such Works.
Not Assignable. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
No Third-party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
Termination. In addition to any remedies that may be provided under this Agreement, the Company may terminate this Agreement with immediate effect upon written notice to you for any reason. Upon such termination, the Company will provide you with a refund of any fees already paid by you to the Company.
Remedies upon Breach. The Company shall have, in addition to any and all remedies available at law, the right to an injunction or other equitable relief to prevent any violation of your obligations hereunder.
Any waiver by the Company of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach hereof. If one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity or subject matter so as to be unenforceable at law, such provision(s) shall be construed and reformed by the appropriate judicial body by limiting and reducing it (or them), so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear.
Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Force Majeure. The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company or Instructor including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.
Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
Jurisdiction and Applicable Law. This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of New York, without regard to its conflict of law principles. You hereby submit to the exclusive jurisdiction and venue of the federal and state courts in the State of New York, County of New York for any action or proceeding arising out of or related to this Agreement. This agreement will be construed and interpreted according to the laws of the State of New York and will be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to you and to Company will include any respective heirs, successors, assigns, and personal representatives.