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My Home Chef  Cooking Classes -Terms and Conditions 

July 2023 

Purpose

These Terms and Conditions govern participation in My Home Chef cooking classes. Participants’ rights under these Terms and Conditions are in addition to and do not in any way limit their rights under New Zealand Privacy Law, which may not be lawfully excluded. All other terms, conditions, guarantees 

  1. Enrolments and Payment

1.1Enrolment must be done at least two weeks before the start of the classes, or before any other due date that will be communicated.

1.2 Enrolment is only accepted once a payment is confirmed.

1.3 For a full term Enrolment, payment is required for the full term in advance, per the above.

1.4 Other Enrolment options may be advertised, or available upon request, but cannot be guaranteed.

1.5 Enrolments are non-transferrable.

1.6 All payments are non-refundable.

1.7 if a class is cancelled by My Home Chef, the student will have their class rescheduled.

1.8 There are no classes on public holidays. -No refund for classes that fall on a public holiday. 

1.9 Without excluding any of your rights under the New Zealand Consumer Law, we do not offer refunds for cancellations.

If you are unable to make it to your class due to illness, injury or any other ‘change of mind’ reason, our terms and conditions require 7 days notice in order to issue you with a rescheduled class.  A considerable amount of time, effort and cost goes into preparing for and setting up each class, and unfortunately we are unable to provide credit or a refund.

   2. Participation

2.1 Students are requested to arrive no later than 5 minutes prior to the scheduled start time of the Class.

2.2 Students with special needs may be requested to arrive earlier for their first class or two, to let them and the tutor adjust.

2.3 A class will aim to finish at the scheduled time, regardless of the start time.

2.4 Students must be age 10 or above to attend a class

2.5 Students younger than 10 can be accommodated, but will need to be supervised for the whole class by a responsible adult.

2.6 Special-needs students must be age 12 and above.

 

    3.Health and Safety

3.1 Students are requested to follow the Food Handling and Hygiene Procedures and all reasonable instructions issued by             My Home Chef tutors from time to time.

3.2 Students are requested to wear appropriate footwear and clothing as advised; this includes, but is not limited to- wearing        comfortable, closed toe shoes and clothing, hair shoulder length or longer must be tied back; excessive jewellery to be          avoided.

3.3 Any student who has been or suspects they may be ill, or becomes ill, in the 48 hours prior to any booked class with any communicable diseases (e.g. colds and flu; diarrhoea, vomiting) and other infections must not attend the relevant class. This is necessary to protect all students and tutors as these sorts of illnesses can be spread through food.

3.4  A student may be refused admission or required to leave a class if a tutor suspects that the participant is under the                 influence of alcohol or any other substance, is ill with a communicable disease or is engaging in inappropriate                     behaviour(as determined by My Home Chef team).

3.5  Students are requested to follow all instructions issued by the My Home Chef team for the preparation of the meals,                storage, re-heating and consumption of the meals. Special needs students, caregivers and parents are responsible for            the transportation, proper storage and reheating of all meals.

3.6   Students, caregivers and parents acknowledge and agree they have been advised of and understand the following                safety procedures to be followed when participating in a class:

  • Emergency Evacuation Procedures;

  • Space allowed to use in the premisses;

  • Kitchen Safety, including handling of knives and use of electrical, gas and induction appliances;

  • Food Handling and Hygiene Procedures; including the taking home of meals.
     

         4. Food Allergies

         4.1 Students, caregivers and parents are responsible for advising My Home Chef  at the time of enrolment of any food                       allergies that the student may have. Classes involve cooking with a variety of ingredients including potentially allergenic                 foods (including, but without limitation: nuts and eggs).

          4.2 Any students with a food allergy must consult with the My Home Chef team both before and during any class, prior to                    handling or consuming any foods.

          4.3 it is also advised with special-needs students to know their preferences for certain foods; this may be requested during                    enrolment stage.


          5.Privacy

          5.1 My Home Chef  collects personal information about students, this information is necessary for My Home Chef in order t                  to run and promote its cooking programs and classes.

          5.2 Students, caregiver and parents consent to My Home Chef collecting certain personal information, including but not l                    limited to the students’:

  • Name;

  • Address;

  • Email address;

  • Phone number;

  • Date of birth or age
     

This is done for the purposes of scheduling and running the classes, maintaining an emergency contact, conducting research, marketing and promotional activities in relation to My Home Chef.
 

5.3 Students, caregivers and parents consent to My Home Chef taking, storing and sharing photographs, film, tape and other images or likenesses of the student, or any sound recording and using them for marketing and promotional purposes. Students, caregivers and parents may advise My Home Chef at the time of this information being collected that they do not wish for photographs, film, tape and other images or likenesses of them being taken and used.

5.4 Unless otherwise agreed with My Home Chef, students, parents and caregivers grant My Home Chef permission to use the students name, any recordings and/or photographic images, or other images or likenesses of the participant, in any media (including publication within and outside New Zealand) and for any purpose without identification or compensation or payment of any kind.

 

5.5 As to the Privacy Act and as we may be dealing with special-needs vulnerable students, sections 5.3 & 5.4 do not apply without any consent from the caregivers /parents of the students.
 

5.6 Students, parents and caregivers consent to receiving future promotional and marketing material from My Home Chef including via electronic messages (e.g. email, SMS, via social media sites etc), and to My Home Chef telephoning the students or caregiver or parents while enrolled to classes and for a period of up to 3 months after the last class, unless agreed with My Home Chef otherwise. If you do not wish to receive promotional and marketing material from My Home Chef please email us at myhomechefrita@gmail.com or unsubscribe at the bottom of the promotional email.

5.7 My Home Chef is constantly seeking to improve its programs. We may contact you to undertake evaluation of the programs, or receive feedback, including for the program the students are involved in.

5.8 Students, caregivers and parents have certain rights to access their personal information held by My Home Chef and can request access by contacting us by email at myhomechefrita@gmail.com 

5.9 Students, caregivers and parents must not use, publish or distribute the name, logo or recipes received during the course, or any variation of them, in any way, including publicity, advertising, marketing collateral, or news release without the prior written approval of My Home Chef.
 

6.Liability for loss

6.1Students are responsible for their own property. My Home Chef  will not be liable for loss of or damage to any property brought to the classes by any participant.

6.2 The classes involve working with sharp knives and other utensils, handling hot objects, operating the stove, oven and other appliances and other activities generally associated with food preparation and cooking. Students, caregivers and parents are warned that there is a possibility of an accident causing injury, death or property damage or loss from participation in the classes and the preparation, storage, transportation, re-heating and consumption of the meals.

6.3 The total liability of My Home Chef is to any participant for damages, regardless of the cause of action, whether contract, tort or breach of statute or any legal or equitable obligation, is limited to the total price charged for any classes booked, except where such liability arises solely as a direct result of the negligence of My Home Chef.

6.4 Without limiting any other release or limitation of liability contained in these Terms and Conditions, but to the extent permitted by law, in no event will My Home Chef be liable for any lost profits, loss of earnings or any consequential, exemplary, incidental, indirect or special damages arising from, or in any way related to the students’ attendance at the classes and/or the preparation, storage, transportation, re-heating and consumption (including, without limitation, any allergic reaction as a result of preparation or consumption) of the meals.
 

7.  Release and discharge of My Home Chef

7.1 To the extent permitted by law, students, caregivers and parents exclude, release and forever discharge My Home Chef from all liability for any and all claims, loss, damage, costs or expenses arising from all property loss or damage, personal injury or death arising from or connected with a student’s participation in the classes and/or the preparation, storage, transportation, re-heating and consumption (including, without limitation, any allergic reaction as a result of preparation or consumption) of the meals, except where such property loss or damage, personal injury or death arises solely as a direct result of the negligence of My Home Chef.
 

8. Indemnity

8.1 Students, caregivers and parents indemnify My Home Chef against all claims, loss, damage, costs or expenses arising from personal injury or death sustained by a participant or anyone affiliated or connected with a participant, in connection with or resulting directly or indirectly from any participant’s preparation, storage, transportation, re-heating and consumption (including, without limitation, any allergic reaction as a result of preparation or consumption) of the Meals, except where such personal injury or death arise solely as a direct result of the negligence of My Home Chef.

8.2 If legislation implies in these Terms and Conditions any condition or warranty which cannot be excluded or avoided, then the condition or warranty will be deemed included in these Terms and Conditions. However, to the extent permitted by law, My Home Chef’s liability for any breach of such condition or warranty will be limited, at My Home Chefs to one or more of the following:

  • The supplying of the classes again; or

  • The payment of the cost of having the classes supplied again.
     

9. Governing Law

9.1 These Terms and Conditions are governed by the laws of New Zealand.

9.2 Students, caregivers and parents acknowledge and agree that any part or parts of these Terms and Conditions which contravene the law of New Zealand and are not enforceable (or part or parts thereof), are severable and do not invalidate the remaining conditions.
 

10. Variation to Terms and Conditions

10.1 My Home Chef may revise these Terms and Conditions from time to time by updating them in writing. The revised Terms          and Conditions will take effect when they are posted online.

10.2 My Home Chef may not send or email the revised terms and conditions unless requested by student, caregiver or parent.
 

 

11. Definitions and Interpretation
In these Terms and Conditions, unless expressed or implied to the contrary:

 

My Home Chef means:

(a) My Home Chef LTD company;

(b) Tutors appointed by My Home Chef LTD;

(c) all other persons involved in the organisation, conduct and promotion of the classes and their respective directors,                  employees, volunteers, agents and contractors.

 

New Zealand Privacy Law means: the Privacy Act 2020 (Public Act 2020, No 31) and applicable New Zealand privacy legislation.

 

Classes means: the classes offered as part of My Home Chef LTD program and class means any one of the classes.

 

Program means: a series of classes as opposed to a single class.

 

Emergency Evacuation Procedures means: the process by which tutors, staff members, students, parents or caregivers should follow when evacuation is required.

 

Food Handling and Hygiene Procedures means: the procedures for handling of food in the school and requirements for hygiene by tutors and students.

 

Kitchen Safety means: refers to the safe use of implements within the My Home Chef Kitchen

 

Meals means: the food prepared at each class.

 

Students means: members of the public who sign-up for the class or program, and who participate in the classes, and their support person.

 

Recordings means: sound recordings, visual footage or audio-visual footage.

 

Terms and Conditions means: these terms and conditions, as varied from time to time.

 

12. Intellectual Property

12.1 You are not permitted to establish your own business, go into direct competition or run your own cooking classes using My Home Chef published material or process.



 

By ticking the acceptance box on the enrolment form you agree to accept the terms and conditions as laid out in the above details and agree to adhere to the requirements and guidelines

of My Home Chef.

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