Homemade Cooking Inc Participant Agreement Release & Assumption of Risk
Welcome to the Homemade Method! We strive to bring our Members the very best cooking, education and coaching experience possible. As you know, cooking, education and coaching has certain inherent risks and everyone has different health needs or conditions & dietary needs. In this agreement you acknowledge those risks and agree to release Homemade Cooking Inc & its employees and officers from any & all legal claim. Please read this document carefully.
I acknowledge that I desire to voluntarily participate in the activities and services provided by Homemade Cooking Inc and its instructors, officers, directors, agents, employees, including Anna Rakoczy (collectively, Homemade Cooking Inc), including but not limited to, cooking classes, a mobile app, information products, recipes, the use of cooking equipment & ingredients, and receiving instructions, recommendations and/or advice concerning cooking, nutrition, mindset, medical matters, weight loss or gain, coaching, health, and the treatment, prevention or management of health conditions, illness and disease (ACTIVITIES & SERVICES).
ASSUMPTION OF RISK
I agree and acknowledge that participation in the ACTIVITIES AND SERVICES is a potentially hazardous activity including but not limited to using sharp knives, hot items and operating kitchen equipment, as well as receiving advice, instructions, coaching and recommendations concerning health, diet, illness, disease and eating. I acknowledge further that there are inherent risks associated with the ACTIVITIES & SERVICES, Those inherent risks include sickness, injuries, new or worsening conditions or even death (“RISKS”). I am assuming all RISKS that may result from participation, or any damage or loss of any personal property which I may incur.
I understand and acknowledge that the 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 the ACTIVITIES AND SERVICES and that Homemade Cooking Inc recommends that participants consult with a medical professional prior to and during their participation in the ACTIVITIES AND SERVICES, especially if a member has or had an illness, disease, injury, surgery, pregnancy, allergy, 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 the 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.
RELEASE OF LIABILITY
I understand that I will be engaging in the 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 Homemade Cooking, including any claims by my assignees, heirs, distributees, guardians, and legal representatives. I expressly release and forever discharge and holds harmless Homemade Cooking 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, does not substitute for medical advice and Homemade Cooking Inc does not warrant its accuracy or suitability to me. This term applies even if I have made a Homemade staff member aware of any particular condition that I may suffer from or a health or weight loss goal that I have. I release Homemade Cooking Inc in respect of any claims arising from such information, advice or recommendations.
CANCELLATION & REFUND POLICY, PROGRAM TIMING & ACCESS
Homemade Cooking Inc endeavors to provide and make available all relevant information prior to your decision to purchase the ACTIVITIES & SERVICES. You acknowledge that all relevant information in respect of our ACTIVITIES & SERVICES are clearly and transparently expressed to you prior to purchase in our emails, videos and/or website. Refunds will not be provided where you have misunderstood information that we expressly provided to you or simply didn’t get the results you hoped for, since we have no way to monitor or enforce compliance with our method.
In any case where you are not happy with the ACTIVITIES & SERVICES or your results, please reach out by email to [email protected] and a member of our expert and caring team will be happy to give you guidance to help you troubleshoot any challenges and get you the results you seek.
We do not offer a cooling off period to users. To the maximum extent permitted by law, our one time and subscription fees are non-refundable. You may submit a cancellation notice at any time via the “Settings” screen in your app. If you are paying via a quarterly or annual subscription, any applicable minimum terms (for example, 3 months or 12 months) you will still be entitled to access the subscription services for the remainder of the duration that you have paid for. Once your subscription has been canceled and your final billing date has passed, you will no longer have access to the Mobile App.
Notwithstanding the above, in exceptional cases, a refund may be provided in Homemade Cooking Inc’s absolute discretion.
In addition, Homemade Cooking Inc is not obliged to pause, cancel or restart memberships due to vacation, illness or other factors preventing you from completing the entirety of the program. However, Homemade Cooking Inc may elect to do so in its absolute discretion.
You further acknowledge and agree that your access to the program materials is limited to the timeframe specified in our correspondence and marketing materials when you signed up for the program, or in the absence of specified timeframe to 3 months from the date of commencement of your program. 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 fair & timely manner where the issue lies on our end.
When I provide a new payment method or card on file, I authorize Homemade Cooking Inc to use that card as my primary payment method and my old card on file as a backup payment method.
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 agree to assume any and all risk of liability and indemnify Homemade Cooking Inc from any claims resulting from my sharing the ACTIVITIES AND SERVICES with THIRD PARTIES contrary to this term.
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 and marking the checkbox, you agree that this document is authentic and effective as a signed agreement.
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, from any and all past, present and future claims arising from their acts and/or omissions, including but not limited to, causes of action, rights, damages, costs, negligence claims, gross negligence claims, deceptive trade practice claims, contract claims, personal injury 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, 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 the 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 agreeing to this document of my own free will.
I understand and accept Homemade Cooking Inc. terms and conditions as stated in this Participant Agreement