Release of liability, Waiver of Claims and Assumption of Risk
1. Julianna Banana is committed to safety and health at all times in our in-person kitchens. Staff perform proactive safety demonstrations prior to using any and all utensils and equipment. Staff perform proactive sanitation demonstrations at the start of and during the program. For in person programs, students are supervised at all times and will be given age-appropriate tasks.
2. Julianna Banana cooking Classes involve kitchen-related activities, including food preparation, cooking and consuming food products, which by their nature involve inherent risks. There are many such risks, not all of which can be described here, but may include those arising from the use and operation of kitchen equipment and tools, such as: gas or electric burners, oven, electric mixers, blenders, knives and all cookware. Julianna Banana cooking Classes are hands-on and student participation may involve using knives and other sharp utensils, and participants will be working with, and in close proximity to, kitchen equipment, appliances and hot surfaces. Classes may also involve handling of raw food items. Potential risks may include, but are not limited to cuts, scrapes, bruises, sprains, puncture wounds, burns, scalds, broken bones, slips and falls, concussions, allergic reaction, food poisoning, choking, eye injury or eye irritations, skin irritations, and catastrophic injuries, including paralysis and death.
3. I acknowledge that I understand the risks (including, but not limited to, those described above) associated with participation in Julianna Banana cooking Classes and associated activities and agree to the assumption of such risks.
4. By registering for a Class, I hereby waive any and all claims, demands, actions, causes of action, lawsuits, expenses or losses whatsoever arising from participation in Julianna Bananacooking Classes and associated activities, except where such arises from Julianna Banana’s gross negligence or intentional misconduct, and release Julianna Banana, including its owners, officers, managers, employees, instructors, agents, contractors, representatives, volunteers, interns and insurers (collectively referred to as “Julianna Banana”) from any and all liability other than as set out herein.
5. I agree to indemnify and save harmless Julianna Banana for any and all claims, demands, actions, causes of action, lawsuits, expenses or losses whatsoever arising from the participant’s participation in Julianna Banana cooking Classes and associated activities, except where such arises from Julianna Banana’s gross negligence or intentional misconduct.
6. IF THE PARTICIPANT IS A MINOR. If the participant is under 18 years of age, I am the parent and/or legal guardian of the participant and have authority to enter into this agreement on behalf of such a child.
7. You agree that Julianna Banana is not responsible for any expense or liability resulting from cancellation or interruptions of the Classes, labor disputes, war, acts of terrorism, government restraints, weather conditions, sickness, and pilferage or any other cause or reason beyond its control. Julianna Banana reserves the right to accept, or to retain or refuse any person as a participant of any Class or to cancel any Class if circumstances so demand. In the event a Class is cancelled, Julianna Banana will attempt to reschedule such Class and offer a refund for Class fees.
Law and Forum for Disputes
8. You agree that any claim or dispute you may have against Julianna Banana must be resolved by a court located in Ontario, Canada. You agree to submit to the personal jurisdiction of the courts located Ottawa, Ontario, Canada, for the purpose of litigating all such claims or disputes. This Contract shall be governed in all respects by the laws of Ontario, Canada.
9. Notwithstanding anything to the contrary, you agree that Julianna Banana’s 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 Class and Julianna Banana 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.
10. Julianna Banana provides the Classes “as is” and without any warranty or condition, express, implied or statutory.
11. By registering my child for any listed program, I understand that they may be photographed while participating in these activities. These photographs may be used for promotional purposes and posted on social media, websites, etc. In such cases, the name and age of the child are NOT disclosed.
20. I understand that Julianna Banana retains the right to take photographic or film records of any of the Classes, and I agree that Julianna Banana 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 (or that of my child/dependent) might be used to Julianna Banana and I waive any and all associated moral rights I may have in any such photographs or film records.
21. This Contract, along with any applicable policies on our websites, sets out the entire understanding between you and Julianna Banana with respect to the Classes. 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.