The Cooking Classes Terms and Conditions constitute a legal and binding contract between The French Kitchen, LLC (“TFK”) and you (the “Agreement”), and by clicking the button, you are agreeing to be bound by all provisions in this Agreement at the time of your acceptance.
This Agreement may be updated at any time. It is your responsibility to review the most recent version of this Agreement when purchasing classes or services and to remain informed of any changes.
- Payment in full is required at time of registration by credit card, gift card, or gift certificate. If you wish to pay by cash or check, please contact TFK for alternate payment arrangements or visit our culinary center at 4771 North Academy Blvd., Colorado Springs, Colorado.
- Payments will be processed at time of registration.
- Once you complete the registration and TFK receives payment in full, TFK will email your registration confirmation along with directions to TFK. Please notify TFK immediately if you do not receive a confirmation email. Participants are responsible to ensure they receive registration confirmation.
- Group events are reserved by completing a Private Event Booking Form and are subject to the Private Event Terms and Conditions.
- If TFK cancels a class due to low enrollment or other extenuating circumstances, all participants will receive a credit towards another class, or a full refund.
- TFK may substitute food items based on availability.
- Please arrive on time. Classes will always begin at their scheduled time.
- Observers or non-paid participants are not permitted during class, except for Caregivers that may be required to accompany disabled guests. In the case of a Caregiver for a disabled guest, only 1 reservation is required.
- All cancellations require a 7-day notice from the time of scheduled class for full refund or class credit. If you cancel less than 7 days before your scheduled class time, TFK will not issue any refund, credit, or class transfer. (We recommend contacting us by email or phone as we cannot guarantee a response via social media, Google, text, etc.)
- TFK cannot provide refunds, credits or class transfers for classes missed as a result of illness, job loss, personal emergencies, scheduling conflicts, or events beyond TFK’s control. You may send another participant in your place in any such circumstance, provided such participant meets the participation criteria of TFK.
- TFK utilizes a Waiting List system on full classes in order to place waiting participants when a class opening arises:
- In the event you cancel a class less than 7 days before your scheduled class time, TFK will attempt to fill your spot.
- If, and only if, someone takes your vacated spot, TFK will provide a Gift Card for the registration amount, less any discount applied toward your payment.
- To Transfer/Switch Classes: Transferring or switching classes requires a 7-day notice from the time of scheduled class. Please contact us directly by email or phone.
- As a courtesy, we may send a reminder email prior to your scheduled class, though TFK cannot guarantee that a reminder will be sent. Participants are responsible for arriving to class on time. TFK cannot provide refunds or credits when a participant fails to attend a reserved class.
Staying Safe and Healthy
You are responsible for: (i) informing TFK if you have any medical and/or food allergies; and (ii) avoiding any contact with such medical and/or food allergies. TFK may attempt, but cannot guarantee, to accommodate your allergies. It is your responsibility to prevent allergic reactions.
You should be dressed comfortably but with safety in mind. Flip-flops and open-toed shoes are not permitted in the kitchen. Do not wear loose clothing that could get caught in machinery or equipment. Jewelry should not be worn. You should wear hair clips or bands for long hair.
Children under 17 years of age are not permitted in adult classes without an adult present. Children ages 13 – 17 may participate in adult classes with an adult. Additionally, children between the ages of 8 and 16 years may participate in some of TFK’s classes with an adult per online class description.
For safety and other reasons, we do not allow observers in our classes. That includes children, grandparents, or those under a caregiver’s care.
Consent Form, Assumption of Risk, Waiver and Release
The class or classes I am registering to take with TFK are for the purpose of learning to cook, which involves preparing and cooking food. Like all cooking activities, certain risks and dangers arise, not all of which can be described herein, but may include, without limitation, cuts, scrapes, scratches, puncture wounds, thermal burns, chemical burns, scalds, injuries from using cooking equipment and instruments, eye injuries or irritation, skin irritations, allergic reactions, food poisoning, slips, falls, and choking. I have read the aforementioned risks and I am familiar with the nature of the classes and activities involved in the cooking classes. I understand and appreciate the inherent risks and the types of injuries that may occur as a result of my participation. I assert that my participation in TFK’s classes or activities is voluntary and I knowingly assume all risks associated therewith.
I understand that I am ultimately responsible for maintaining the quality of the food I prepare, cook and eat during any class or after any class. I alone am responsible for protecting myself against allergic reactions pertaining to food.
Further, in consideration of my ability to participate in a class or activity, I do hereby waive, release, indemnify and shall hold harmless TFK and its owners, members, managers, officers, directors, chefs, employees, attorneys, agents, and assigns (collectively, the “Released Parties”), from and against any and all demands, claims, losses, injury, damages, liability, attorney fees, costs, and/or expenses of litigation, in law or in equity, whether known or unknown, that have arisen or may arise from my participation in or attendance at any classes or activities provided by TFK, or from my use of any recipe, skill, technique, or method learned from TFK or in any of TFK’s classes or activities . Further, I promise not to sue any of the Released Parties for such demands, claims, or liability.
At the end of the course, recipes will be given to participants for the food items produced. TFK hopes you will use these recipes for personal use. However, these recipes are and remain the intellectual property of TFK.
You may not use TFK’s recipes for any commercial use. TFK reserves the right to take judicial action to prevent any unauthorized use of TFK’s recipes.
Photographs, Videos, and Recordings
For privacy purposes, and to protect TFK’s intellectual property, you may not make video, audio, or any other recordings of any of TFK’s classes or activities without first obtaining TFK’s prior written consent. You may take photographs of your participation in TFK’s classes and activities for personal use; provided, however, that you must obtain consent of any other participants or any chef or employee of TFK included in such photographs.
Unless you provide TFK with written notice to the contrary, prior to your participation in any TFK class or activity, you agree that TFK may take photographs or make video, audio, or other recordings of such class or activity, and hereby grant TFK permission to use such photographs or recordings, along with your image, voice, performance, or likeness, on TFK’s website, for marketing and advertising purposes, in connection with media releases, for informational purposes, and for any other commercial purpose reasonably related to TFK’s business as determined by TFK.
TFK shall strive to preserve the confidentiality of any information you provide to TFK, and will not sell or give your information to any third party.
Exchange and Return Policy
Purchased kitchen equipment may be returned for a refund or exchange within 30 days of purchase, so long as a receipt is provided, and such equipment is unused in its original packaging.
Food and beverage items, disposable food containers, and linen items (including, without limitation, aprons, dish cloths, and apparel), may not be returned, and these sales are final at the time of purchase.
TFK is not responsible for Delivery Orders once we have delivered the order and texted the customer that the delivery is complete.
Any Advance Orders canceled before 10:00am on the day of pick-up will only receive a 50% refund. Advance Orders cannot be canceled after 10:00am and will not be refunded.
TFK will hold items for pickup, so long as full payment is provided at the time the hold is placed. If held items are not picked up within 120 days of purchase, TFK reserves the right to cancel the purchase, and retain the purchase price.
To the extent permitted by law, TFK disclaims any and all warranties on items sold at retail. Manufacturer warranties may apply, which are independent of TFK.
Gift Card Terms & Conditions
These terms and conditions govern the issuance of gift cards (“Card”) by The French Kitchen, LLC, a Colorado limited liability company located in Colorado Springs, Colorado (the “The French Kitchen”). The French Kitchen is the sole obligor to Card owner. When you purchase, receive or redeem a Card, you agree that the laws of the State of Colorado will govern these Card terms and conditions, without regard to principles of conflict of laws. The French Kitchen reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.
Use and Redemption
This Card is usable up to its balance for purchases made at The French Kitchen, or online at www.tfkcc.com, and may be redeemed in connection with the purchase of food, drink, boutique items, and classes held at The French Kitchen. Cards are not redeemable online or for other gift Cards, and are not redeemable for cash except as required by law.
To check the balance on your Card, please visit The French Kitchen located in Colorado Springs or call 719-528-6295. To register your card, visit HeartlandGiftcard.com The Card balance you see online or receive over the phone is an estimate and may not reflect recent purchases. In most cases, the balance on your Card is automatically adjusted when you make a purchase. However, there may be delays between recent purchases and when the balance for your Card is updated.
If you return an item purchased using a Card, The French Kitchen will refund the purchase price by crediting your Card or by issuing you a new Card in the amount of the return.
Risk of Loss
This Card will not be replaced or refunded if lost or stolen. The risk of loss and title for all Cards pass to the purchaser upon sale. The French Kitchen is not responsible if a Card is lost, stolen, destroyed or used without your permission.
Limits on Promotional Use
Cards may be used as personal or business gifts. However, in order to control the use of its trademarks and branding, Cards may not be used for promotional purposes, to include, without limitation, any marketing, advertising, or other similar activities conducted by any means, to include, without limitation activities through websites, internet advertisements, email, telemarking, direct mail, newspaper and magazine advertisements, and radio or television broadcasts, without first obtaining written permission from The French Kitchen. If you are interested in using Cards in connection with your advertising, please contact The French Kitchen at firstname.lastname@example.org.
The French Kitchen reserves the right to close any Card accounts and may request alternative forms of payment if The French Kitchen believes such Cards have been fraudulently obtained. The French Kitchen cannot ensure that Cards purchased online or through third party resellers are genuine or have accurate account balances. Accordingly, The French Kitchen discourages the purchase of discounted Cards and the purchase of Cards from unauthorized resellers. To further reduce incidences of fraud, Cards may not be returned, resold, transferred for value, redeemed for cash or applied to any other account except as required by law.
No Resale of Cards
You may not resell Cards without the prior written consent of The French Kitchen. If you would like to become an authorized reseller of our Cards, please contact us at email@example.com.
Compliance with Laws
By purchasing a Card, you are certifying and representing to The French Kitchen that: (i) all uses of the Card will comply with these terms and conditions, and all applicable laws, rules and regulations; and (ii) that the Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers. In addition, you agree to defend and indemnify The French Kitchen and its respective members, managers, officers, agents, and employees from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your use of the Cards or your violation of any of these terms and conditions. You agree to release The French Kitchen and its respective members, managers, officers, agents, and employees from and against any and all claims, expenses or liabilities that you now have again, that you may have against, or that you may later have against or incur in connection with your use of the Cards or any violation of any of these terms and conditions.
Return and Transfer
Cards cannot be returned, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law.
Limitation of Liability
The French Kitchen makes no representations, warranties or conditions of any kind and hereby disclaims any of the same, express or implied, with respect to the Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. In the event that The French Kitchen is found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the value of your Card. The French Kitchen shall have no liability for any incidental, indirect, or consequential damages (including without limitation loss of profit, revenue, or use) arising out of, or in any way connected with, these terms and conditions, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, even if The French Kitchen or its authorized representatives have been advised of the possibility of such damages. In no event shall The French Kitchen have any liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, The French Kitchen’s liability is limited to the greatest extent permitted by law.
Any dispute relating in any way to a Card shall be adjudicated in the Colorado District Court located in El Paso County, Colorado, or the Federal District Court located in Denver, Colorado, and you consent to exclusive jurisdiction and venue in such courts.