Accident Waiver and Release of Liability Form
This agreement, the Accident Waiver and Release of Liability Form, is made between; Denise's Healthy Steps LLC, DBA: Healthy Steps Kids Cook its officers, members, managers, employees, agents, contractors, representatives, sub-licensees, affiliates, subsidiaries, successors, partner facilities, agents and collectively the "Company", AND the Parent or Legal Guardian or registrant, and collectively, the “Parties”.
By registering your child, children, or yourself for a Healthy Steps Kids Cook (HSKC) class, you are agreeing to the following Terms of Use. Please read carefully before registering.
PARENT/LEGAL GUARDIAN/RESPONSIBLE PARTY
I am the parent, legal guardian or responsible party of the minor child or children named on the Company class registration page and I have the legal authority to execute this release on behalf of the child or children. I understand that Healthy Steps Kids Cook (HSKC) will be consultants to the Company Denise's Healthy Steps LLC and assist in setting up the curriculum and the operations of the classes offered by the Company.
REFUND POLICY
Due to the costs incurred in preparation for each camp, we do not offer refunds for missed or canceled camp days. We kindly ask that parents notify us in advance if their child will be unable to attend a scheduled class.
Thank you for your understanding and cooperation.
PRIVACY POLICY
By registering myself, my child, or my children for a Company Cooking class, I agree to receive a class email confirmation and e-newsletter enrollment for the purpose of receiving information from the Company. I may unsubscribe at any time. See full privacy policy here.
ACCIDENT WAIVER, RELEASE OF LIABILITY, MODEL RELEASE, FOOD ALLERGY DISCLAIMER
I HEREBY ASSUME ALL OF THE RISKS FOR MYSELF, MY CHILD, or MY CHILDREN OF PARTICIPATING IN THIS ACTIVITY, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that there are no health-related reasons or problems, which preclude me or my child or children participation in this activity. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which my child or children may participate, and that it will govern my child or children’s actions and responsibilities at said activity. In consideration of my application and permitting myself, child, or children to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
I WAIVE, RELEASE, HOLD HARMLESS AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my, my child’s or children’s death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to myself or my child (s) from this activity. I acknowledge that the Company is NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. I acknowledge my consent for myself and/or child or children to participate and that this activity may involve certain risks and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by trade tools, facilities and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers. I hereby consent for myself, my child, or my children to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during this activity and that any medical cost is my responsibility and not that of the Company or successors. This Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
PARENT, GUARDIAN, RESPONSIBLE PARTY MODEL RELEASE
In consideration of my, my child’s or my children’s engagement as a model and for other valuable consideration received, I give the Company, and Certified Instructor (“Photographer”) and Photographer’s heirs and legal representatives, the irrevocable, perpetual, and unrestricted right to take and use photographs of the child or children or registrants named in the online class pre-registration taken by the Photographer (“Photographs”) in all forms, media and manners, in conjunction with the child’s or a fictitious name, for advertising, trade, promotion, exhibition, or any other lawful purposes. I waive any right to review or approve the Photographs, the use of the Photographs, or the matter that may be used in conjunction with the Photographs now and in the future, regardless of whether that use or matter is known to me. I waive any right to royalties or other compensation arising from or related to the use of the Photographs. I release, discharge, and agree to hold harmless Photographer and Photographer’s heirs, legal representatives, and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking, processing, or publication of the Photographs. This release shall be binding upon me and my heirs, legal representatives, and assigns.
FOOD ALLERGY DISCLAIMER
The Company makes every attempt to identify all ingredients in their recipes. Every effort is made to instruct our certified cooking instructors on the severity of food allergies. In addition, we label recipes with possible allergen-containing ingredients and take care to clean the environment we are using; however, there is always a risk of contamination. You must make the decision of enrolling yourself, child, or children based on this information and the possible health risk. We do make every effort to make and prepare our own ingredients for recipes. There is also a possibility that manufacturers of the commercial foods we may use could change the formulation at any time, without notice. Customers concerned with food allergies need to be aware of this risk.
The Company will not assume any liability for adverse reactions to food consumed, or items one may come in contact with while participating in any Company Cooking class, camp, event, demonstration or Birthday Party. I understand that every attempt will be made to eliminate exposure and risk to myself, my child or my children, and agree to hold harmless the Company, instructors and consultants as well as Company officers, members, managers, employees, agents, contractors, representatives, sub-licensees, affiliates, subsidiaries, successors, partner facilities, and agents and assumes no liability for adverse reactions for food consumed or items that my child may come in contact with while participating in this course.
INDEMNIFICATION
The Parent/Legal Guardian, Responsible Party shall indemnify and hold harmless the Company and its assigns from and against any and all claims, damages, liabilities, costs, expenses, and/or judgments , including, without limitation, reasonable attorneys’ fees and disbursements that the Parent/Legal Guardian or their child may suffer from or incur that arise or result primarily from
(i) any alleged negligence or misconduct of the Company arising from or connected with the Company carrying out its duties under this Agreement, or (ii) the Company’s breach of any of its obligations, agreements or duties under this Agreement.
SEVERABILITY
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.