Terms & Conditions for Courses, Classes, Train-the-Trainer, Products and Website

Classes

By booking for a Chef-K class it is understood that these Terms and Conditions are accepted by all participants and/or their parent or legal guardian in the case of minors. These terms and conditions are made available to all participants at time of registration or other order is placed.

1. Class content may change from time to time.
2. Unless otherwise indicated, all classes have a maximum of 20 participants with a minimum of 8 participants for class to be held.
3. We supply all tools, ingredients, class material and the use of aprons (we also have branded aprons for sale, and with enough lead in time can have these embroidered with company logos). At the end of the class, clients are invited to sit down and enjoy the food they have prepared, an ideal way of interacting with each other.
4. Please note that due to the format of classes we unfortunately can not accommodate special dietary requirements and allergies.
5. As these are hands-on classes, we suggest that participants come comfortably dressed, preferably with closed-toed shoes such as flat gym shoes.
6. For drinks, we supply water, and in some of our classes a natural beverage that compliments the menu may be prepared or served. We do not serve alcoholic beverages.
7. As all of our classes are hands-on, our knives are sharp and we cook with gas, we need to ensure that participants are in full control of their actions at all times.
8. As these courses are very popular we suggest that clients register at their earliest convenience. To confirm registration for a one time class we require full payment; for a series of classes, such as camp we would require a 50% deposit at time of registration. In case of deposit, the balance must be paid not later than 14 days prior to the class. We reserve the right to re-sell the date, if full fees are not received 14 days prior to start of class.
9. Refunds: Students canceling classes prior to 14 days in advance will receive a full refund. Students canceling between 14 days and 7 days will incur a $75 administrative fee. No refund with less than 72 hour notice, however student may send another participant in his/her place. Students will receive a full refund for any class cancelled by Chef-K due to lack of minimum student requirement. We reserve the right to re-sell the date, if full fees are not received 14 days prior).
10. The object of the school is to teach culinary skills in a fun environment, and the emphasis is on hands-on cooking, having fun while learning.
11. We are unable to accommodate individuals who are rowdy and unruly as this inevitably leads to a breakdown of the class creating an unpleasant and unsafe environment for the rest of the group.  We reserve the right to request an individual to leave the class and we will not consider any refunds. In the case of a minor, a parent or legal guardian will be notified.
12. Although every precaution has been taken to ensure the safety of participants, Chef-K and its staff cannot be held responsible for any injuries or other mishaps that may occur while on the premises.  See release of liability for additional information.

Product Warranty and Limitation of Liability

Product Warranty.  All products, materials and course content are delivered AS IS without warranty of any kind. CHEF-K HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FOR FITNESS FOR PARTICULAR PURPOSE, TO THE FULLEST EXTENT ALLOWED BY LAW.
Limitation of Liability.  Except in cases where a disclaimer of liability in not enforceable under local law, neither Chef-K nor its, officers, employees, contractors or agents will be liable to purchaser or recipient of products or of course materials for any indirect, consequential, special, exemplary or punitive damages. IN NO EVENT SHALL CHEF-K’S AGGREGATE LIABILITY TO ANY PURCHASER OF PRODUCTS ON THIS WEBSITE FOR ANY CLAIM, WHETHER BASED IN CONTRACT, TORT OR STATUTE, EXCEED $100.

Note to organizations – all pertinent terms and conditions will be incorporated into an agreement and contract with further clarification.

Products

Welcome to Chef-K’s web site!  Please take a few minutes to review these Terms and Conditions.  By submitting your order on this web site, you agree that your purchase of products from us will be governed by the Terms and Conditions set out below. Please note that Chef-K reserves the right to modify these Terms and Conditions at any time without prior notice.  For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our web site.

By purchasing Chef-K product including file downloads or cd’s containing curriculum, recipes, activities, and other content, purchaser has the following usage rights for a single site facility, unless otherwise agreed in writing.

Ownership and Licenses

1. Ownership. As between the parties, CHEF-K owns all course content, including handouts, recipes, demonstrations and teaching exercises and methodologies. All media such as printed and written materials and handouts, including pictures and images are copyrighted by CHEF-K with all rights reserved, and all the trademarks on the materials are property of CHEF-K. No license is granted under this Agreement unless it is expressly and specifically set forth in a signed writing. CHEF-K will solicit feedback and comments from all course participants, and we reserve a full right and license to incorporate them in the course content and materials.
2. License. Subject to the conditions stated in this license provision, CHEF-K hereby grants to client a limited license to copy, use and distribute the course content and materials and reproduce and display the trademarks of CHEF-K subject to payment of a fee as set forth and described at time of purchase. All materials and course content for such training must be purchased from CHEF-K at prices then in effect.

Warranty

All materials and course content are delivered AS IS without warranty of any kind. CHEF-K HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT ALLOWED BY LAW.

Limitation of Liability

Neither CHEF-K nor its, officers, employees, contractors or agents will be liable to any sponsor or recipient of the course training or materials under this Agreement for any indirect, consequential, special, exemplary or punitive damages. In no event shall CHEF-K’S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM, WHETHER BASED IN CONTRACT, TORT OR STATUTE, EXCEED $100.

Shipping and Processing of Orders

Fees. Our Shipping and Processing Charges are set forth below. [You can set a hyperlink to the actual schedule of charges, somewhere below, or you can set out the schedule here.] Our shipping and processing charges are intended to compensate our company for the cost of processing your order, including handling, packing and shipping the products to their designated destination.

Standard Shipping and Processing. The following terms apply to the shipping and processing of orders:

• Standard shipping charges are based on the total charge for merchandise to be delivered to each separate delivery address as detailed at time of shipping.
• Most standard shipped items are shipped from our location by UPS to arrive within five business days of our receiving your order.
• The standard charge applies to orders shipped to APO/FPO addresses. However, they will require four to six weeks for delivery.) See below for additional information.
• Standard ordered items can be shipped to a P.O. box. However, items shipped to a P.O. box will be sent via the U.S. Postal Service, and delivery may take longer. (Rush orders, extra large items and products shipped directly from the manufacturer cannot be sent to a P.O. box.)
• Perishable items are shipped directly to you from our supplier to arrive within one week. (Perishable items cannot be shipped for delivery outside the contiguous 48 states.)
• Custom-manufactured items shipped directly from the manufacturer arrive within one to two weeks.
• Oversize items typically take longer to deliver and sometimes require special treatment at an additional charge.  (We cannot ship certain heavy and oversize items outside the contiguous 48 states.)

Rush Shipping and Processing. For an additional charge of $15 per address, we can rush delivery to most destinations.  This service is not available for some oversize items, items shipped directly from the supplier (including perishable and custom-manufactured items), out-of-stock items and items to be shipped outside the contiguous 48 states.

• Rush orders will be shipped via UPS for arrival in two business days from shipment. Orders received by 3:00 p.m. (Pacific Time), Monday through Thursday (except holidays) will be shipped on the day received. Rush orders received after 3:00 p.m. (Pacific Time), or on Saturday or Sunday will be shipped the following business day.

Order Delay. If you wish to place an order but delay its shipment to a later date, please do so through our Customer Service Center.  Call 510-522-2909 and one of our sales associates will be happy to assist you.

Orders to Canada. At present, we cannot ship orders or mail catalogs to addresses in Canada from our automated website.  Customers with a Canadian billing address can order items to be delivered to a U.S. address or Canada by calling 510-522-2909.  (This is not a toll-free number; the caller will be charged for the call at applicable service rates.)

Orders to Foreign Countries. At present, we ship only within the United States, to its territories and to APO/FPO addresses.

Orders Placed from a Foreign Country. To place an order from a foreign country for delivery within the United States or by special arrangement to a foreign country, please call our Customer Service Center in the United States at 510-522-2909. (This is not a toll-free number; the caller will be charged for the call at applicable service rates.)

Chef-K not liable for delay in delivery. Chef-K relies on others, including its suppliers and UPS, to fulfill shipping services. Chef-K cannot be responsible for delay in delivery of ordered products.

Product Warranty and Limitation of Liability

Product Warranty.  All products, materials and course content are delivered AS IS without warranty of any kind. CHEF-K HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FOR FITNESS FOR PARTICULAR PURPOSE, TO THE FULLEST EXTENT ALLOWED BY LAW.

Limitation of Liability.  Except in cases where a disclaimer of liability in not enforceable under local law, neither Chef-K nor its, officers, employees, contractors or agents will be liable to purchaser or recipient of products or of course materials for any indirect, consequential, special, exemplary or punitive damages. IN NO EVENT SHALL CHEF-K’S AGGREGATE LIABILITY TO ANY PURCHASER OF PRODUCTS ON THIS WEBSITE FOR ANY CLAIM, WHETHER BASED IN CONTRACT, TORT OR STATUTE, EXCEED $100.

Website

The use of this web site (the “Web Site”) is subject to the terms and conditions stated herein. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions.  In addition, when using particular services, you will be subject to any guidelines or rules applicable to such services which may be posted from time to time.

Ownership of Copyrights/Usage Restrictions
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by CHEF-K, Inc. (“CHEF-K”) or its licensors.  The contents of this Web Site are protected by United States’ and worldwide copyright laws and treaty provisions.  In accordance with these terms, except as stated above, you and other Web Site users may not (i) copy, reproduce, modify, use, republish, upload, post, transmit or distribute in any way material from the Web Site; (ii) copy, modify or display CHEF-K’s trademarks, names or logos appearing on this Web Site in any way without CHEF-K’s express written consent; or (iii) redeliver any of the pages, text, images or other content of this Web Site using “framing” technology without CHEF-K’s express written permission.

Disclaimer; No Warranty

CHEF-K makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of the information contained in this Web Site and is not responsible for any errors or omissions therein, whether caused by the source of the information or CHEF-K. All factual and other information, including any opinions, accessible through the Web Site are provided on an “AS IS, AS AVAILABLE” basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED.  CHEF-K is not responsible in any way for any loss that results from the use of the factual information, including but not limited to any lost profits or direct, indirect, special, consequential, compensatory or incidental damage. No advice or information, whether oral or written, obtained by you from CHEF-K or through or from this Web Site shall create any warranty.

Limitation of Liability

You expressly understand and agree that CHEF-K will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if CHEF-K has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Web Site; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the Web Site.

Linkage

You may, through hypertext or other computer links, gain access to third parties sites on the World Wide Web which are not related to or maintained by CHEF-K.  Links to third party sites do not imply partnerships, relationships or affiliations with such third parties and CHEF-K takes no responsibility for the content therein, regardless of whether the link is provided by CHEF-K or a third party.  No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any Web site to which the Web Site may link, including information on such other Web site regarding CHEF-K.  By providing access to other Web sites, CHEF-K is not endorsing the products and services provided by any Web site’s sponsoring organization.

Other Web sites may include a link to this Web Site only if CHEF-K has granted its express written consent.  Please e-mail requests for such consent to info@chef-k.com.  This limited license expressly prohibits the framing of CHEF-K’s content in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation including, without limitation, hyperlinks or a form of link that disguises the URL and bypass the homepage.

Your correspondence or business dealings with, or participation in promotions of, any advertisers found through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

Submissions

While we value your feedback on our Web Site and services, we request that you be specific in your comments on those services and not submit any ideas, suggestions, materials, concepts or other information (collectively referred to herein as “Non-Solicited Information”).  If, despite our request, you send us any such Non-Solicited Information, all such Non-Solicited Information shall be deemed, and shall remain, the property of CHEF-K and none of the Non-Solicited Information shall be subject to any obligation of confidence on our part and we shall not be liable for disclosure of any Non-Solicited Information and shall have unrestricted use of such Non-Solicited Information for any purpose whatsoever, commercial or otherwise, without compensation or liability to you or other provider of the Non-Solicited Information.

Operation of the Web Site 

CHEF-K will use reasonable commercial efforts to keep this Web Site available for access on a 24 hour a day, 7 day a week basis, subject to scheduled downtime for maintenance purposes, unscheduled maintenance and systems outages.  There are no assurances, however, that access will be available at all times and uninterrupted.  Further, CHEF-K does not warrant that the operation of this Web Site will be error-free, that defects will be corrected, or that this Web Site or the servers that make it available are free from viruses or other harmful components.

Web Site Security 

You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network.  Violations of system or network security may result in civil or criminal liability.  CHEF-K will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Enforcement of Terms and Conditions 

CHEF-K makes no representation that content provided is applicable or appropriate for use in all locations.  These terms and conditions are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law.  If you take legal action relating to these terms, you agree to file such action only in the state and federal courts located in the State of California, County of Alameda. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

Amendments and Modifications 

CHEF-K reserves the right to amend the information, services, and/or content of this Web Site at any time without prior notice.  The information and materials contained in this Web Site, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice.  We suggest that you check these terms periodically for changes. These terms can be accessed from the link at the bottom of our Web Site pages.  If you use this Web Site after we post changes to the terms, you accept the changed terms.  CHEF-K expressly reserves the right to monitor any and all use of this Web Site.