Homemade Cooking Inc Participant Agreement
Release, Waiver of Liability and Assumption of Risk
We’re so delighted that you want to join our Programs! Please read this document carefully before joining. By proceeding, you are agreeing to these terms, which includes a release of liability and waiver of certain legal rights. Accepting the terms of this agreement is a condition of your participation in our Programs.
I acknowledge that I desire to voluntarily participate in the activities and services provided by Homemade Cooking Inc its affiliates, instructors, officers, directors, agents, employees, including Anna Rakoczy, designers, and members (collectively, Homemade Cooking Inc or “RELEASEES”), including but not limited to, cooking classes, the use of cooking equipment & ingredients, and receiving instructions, recommendations and/or advice concerning cooking, nutrition, mindset, medical matters, weight loss or gain, health, and the treatment, prevention or management of health conditions, illness and disease (hereinafter collectively referred to as “Homemade Cooking Inc ACTIVITIES & SERVICES”).
1. NO MEDICAL ADVICE:
Anna Rakoczy, Homemade Cooking Inc and staff do not intend to diagnose, treat, cure or prevent any health condition or disease. All advice given is intended for health maintenance only and should not replace or delay the use of traditional medical care. It is imperative that you are under the care of a medical doctor or a doctor licensed to prescribe medication. If you are currently on prescription medication, we ask you not to make any changes or go off these medications without first consulting your prescribing doctor. The statements on this page and in our Programs and all of our materials have not been evaluated by the Food and Drug Administration.
2. ASSUMPTION OF RISK:
Homemade Cooking Inc. depends on you to use your good judgment and reasonable care for your own safety and the safety of others. Please follow the directions provided carefully. If you have any questions, whatsoever, about your ability to safely follow any instructions you are given, please immediately cease the activity and reach out to Homemade Cooking Inc. I agree and acknowledge further that participation in Homemade Cooking Inc ACTIVITIES AND SERVICES is a potentially hazardous activity including but not limited to using sharp knives, operating hot stove, using a blender and food processor, boiling water, heating & using hot oil, using a hot oven, and operating kitchen equipment, as well as receiving advice, instructions and recommendations concerning health, diet, illness, food allergies, disease and eating and further that there are inherent risks associated with the ACTIVITIES & SERVICES, Those inherent risks include sickness, injuries, new or worsening conditions or even death that can occur (herein collectively referred to as “RISKS”).
I understand and acknowledge that Homemade Cooking Inc ACTIVITIES AND SERVICES has varying effects on individuals based upon their size, age, physical condition and/or state of health. I further recognize, acknowledge and agree that it is my sole decision whether to consult with a medical professional prior to participating in Homemade Cooking Inc ACTIVITIES AND SERVICES and that Homemade Cooking Inc recommends that participants consult with a medical professional prior to and during their participation in Homemade Cooking Inc ACTIVITIES AND SERVICES, especially if a member has or had a recent illness, disease, food allergy or intolerance, injury, surgery, pregnancy, digestive issue, mental condition, other relevant condition or is trying to lose or gain weight or maintain weight loss. I have either consulted a physician and received medical advice and consent to participate in Homemade Cooking Inc ACTIVITIES AND SERVICES or have waived such advice and consent of a physician and accept any and all RISKS. These terms apply on an ongoing basis throughout the ACTIVITIES AND SERVICES and it is my responsibility to continue to seek medical advice regarding any activity or advice that may affect my health or specific situation or condition. I am assuming all risk of personal injury, death, or disability to myself that may result from participation, or any damage or loss of any personal property which I may incur.
I am voluntarily participating in Homemade Cooking Inc ACTIVITIES AND SERVICES with the knowledge of the danger involved with the RISKS and with the knowledge that staff assistance and/or medical facilities may not be available in the event of illness or injury. I HEREBY AGREE TO ACCEPT ANY AND ALL RISK OF INJURY, ILLNESS, OR DEATH INHERENT IN Homemade Cooking Inc ACTIVITIES AND SERVICES AND VERIFY THIS STATEMENT BY PLACING MY SIGNATURE BELOW.
3. RELEASE OF LIABILITY & INDEMNITY:
I understand that I will be engaging in Homemade Cooking Inc ACTIVITIES AND SERVICES and it is my voluntary and informed decision to release any future lawsuits or claims that I have or may have against the RELEASEES. I expressly release and forever discharge and holds harmless RELEASEES from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, or death to me while participating in the Homemade Cooking Inc ACTIVITIES AND SERVICES, and I indemnify Homemade Cooking Inc in respect of same. This release is valid and effective whether the damage, loss, or death is a result of any act, omission or negligence on the part of any RELEASEES or from any other cause. In providing this release, I acknowledge and accept that any instructions, advice or recommendations, including regarding medical or health related issues, provided by Homemade Cooking Inc may not be accurate or suitable for my personal situation or condition.
Any nutritional, health or medical information, claims or advice or other information or recommendations provided by Homemade Cooking Inc is of a general nature only, has not been approved by the FDA, does not substitute for medical advice and Homemade Cooking Inc does not warrant its accuracy or suitability to you. This term applies even if you have made a Homemade staff member aware of any particular condition, disease or allergy that you may suffer from or a health or weight loss goal that you have. You affirm that you are in good physical health to partake in Homemade cooking activities and that you have medical/health insurance and access to physicians to manage medical conditions, if any. Any nutritional info provided in the Program is an approximation only and Homemade does not guarantee its accuracy.
As consideration for being permitted by Homemade Cooking Inc to participate in Homemade Cooking Inc ACTIVITIES & SERVICES, I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, or sue Homemade Cooking Inc or its past, present or future parent, subsidiaries, affiliates, other related entities, successors, owners, members, directors, officers, shareholders, agents, employees, servants, assigns, investors, legal representatives and all individuals and entities involved in the operations of Homemade Cooking Inc for injury, illness, death or damage resulting from my participation in Homemade Cooking Inc ACTIVITIES & SERVICES and the RISKS involved therein (‘CLAIMS’), and I hereby indemnify Homemade Cooking Inc in respect of such CLAIMS.
4. THIRD PARTIES & INDEMNITY
I understand that the ACTIVITIES AND SERVICES are provided by Homemade Cooking Inc to me only pursuant to my payment of the program fee and that I am requested not to share the ACTIVITIES AND SERVICES with anyone who is not enrolled in the program (THIRD PARTIES). I acknowledge and accept that Homemade Cooking Inc accepts no liability or assumption of responsibility whatsoever for THIRD PARTIES, and I agree to assume any and all risk & liability and indemnify Homemade Cooking Inc from any claims resulting from my sharing food, information or advice comprising, concerning or arising out of the ACTIVITIES AND SERVICES with THIRD PARTIES.
5. PHOTOGRAPHY RELEASE
I grant Homemade Cooking Inc the right to use any photograph, words, testimonial, videotape or other material that I provide during the program and to use my name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
6. REFUND POLICY, PROGRAM TIMING & ACCESS
Homemade Cooking Inc endeavors to provide and make available all relevant information prior to your decision to join the program. As such, we regret that we cannot provide refunds if you regret your decision or the ACTIVITIES AND SERVICES are not what you expected or hoped for. Homemade Cooking Inc reserves the right to cancel or reschedule any classes or programs. In the event a program is canceled, all students will be notiﬁed and credits will be given to participate in a program at a later date. Alternatively, a refund will be provided in Homemade Cooking Inc’s absolute discretion. In addition, Homemade Cooking Inc may elect to pause, cancel or restart memberships due to vacation, illness or other factors preventing you from completing the entirety of the program, in its absolute discretion. You further acknowledge and agree that your access to the program dashboard and Members’ only facebook group is limited to 4 months from the date of commencement of your program or the life of your membership, but you can download, save or print your materials for lifetime access. Finally, you understand and agree that Homemade Cooking Inc cannot guarantee and accepts no liability in respect of software and technology functioning, malfunctions or failures to access and utilize the Program, or sickness or absence of Homemade Cooking Inc instructors or coaches. However, Homemade Cooking will endeavor to resolve issues regarding technology, access or coach absence in a timely manner where the issue lies on our end.
This agreement is governed by the Laws of California. It is intended by the parties to give full effect to these provisions, under the rule of law. Any provisions deemed to be unlawful shall be severed and the remaining agreement will remain intact and in force to the full extent permitted by law. By proceeding, you agree that this document is authentic and effective as a signed agreement.
8. USE LICENSE
AND I HEREBY DECLARE AND AGREE
I assume all risk and fully release, acquit, remise, waive, covenant not to sue and forever discharge Homemade Cooking Inc, its other related entities, owners, members, directors, officers, shareholders, agents, employees, servants from any and all past, present and future claims arising from their acts and/or omissions, including but not limited to, demands, obligations, actions, causes of action, rights, damages, costs, negligence claims, gross negligence claims, assault claims, deceptive trade practice claims, contract claims, intentional infliction of emotional distress claims, personal injury claims, premises liability claims, principal-agent liability claims, mental anguish claims, pain and suffering claims, physical impairment claims, disfigurement claims, lost wages claims, loss of earning capacity claims, warranty claims, punitive damages claims, exemplary damages claims, and any other form of compensatory claims of any nature whatsoever, whether based on a tort, contract, or other theory of recovery, whether same be known and realized or unknown and not realized, that i, my assignees, heirs, distributes, guardians or legal representatives now have, have had, or ever will have; for injury, illness, death, or damage resulting from my participation in Homemade Cooking Inc ACTIVITIES AND SERVICES and the risks involved with same. This release is intended by both parties to be as broad in its effect as allowed by law. I have carefully read this waiver, release of liability and assumption of risk agreement in its entirety and fully understand its contents. I am aware that this is a waiver, release of liability, assumption of risk agreement and a legal contract between me and Homemade Cooking Inc and that it affects my legal rights. I am accepting these terms of my own free will and by proceeding with the Program I am deemed to have entered into a Contract with Homemade Cooking Inc on these terms.
I understand and accept Homemade Cooking Inc. terms and conditions as stated in this Participant Agreement.