Terms and Conditions
Courses delivered by Beat Kitchen LLC are delivered online. Select courses may be delivered at “Partner Facilities”. Courses referred to herein are delivered over remote meetings using software such as Zoom. Beat Kitchen LLC will provide access to these courses. For courses at Partner Facilities, students with active memberships may be permitted to attend in-person. Please refer to individual course details on website at time of booking and shortly before the start of your course. Students must ensure that they have confirmed the location of their course in advance.
Use of Beat Kitchen LLC’s and Partner Facility's Property:
Each Student is responsible for ensuring that no Beat Kitchen LLC or Partner Facility equipment or property is damaged, lost or stolen as a direct or indirect result of their own action or failure to act appropriately. Each Student is also responsible for the conduct of any guests they may invite on to the premises.
In the event that any Beat Kitchen LLC’s or Partner Facility’s equipment or property is damaged, lost or stolen as a direct or indirect result of the action or failure to act appropriately of any student or guest, the student agrees to pay all reasonable costs in full including replacement or reparation of such damaged property.
We expect all students to treat the staff, facilities and their classmates with due respect. Beat Kitchen’s Code of Conduct can be found here: https://beatkitchen.io/code-of-conduct
Beat Kitchen LLC reserves the right to exclude or expel any student whose conduct or behaviour is deemed unacceptable. In such cases, there will no be refund of course fee. Decisions are to be made at the management’s discretion.
Beat Kitchen LLC reserves the right to change the dates, times and content of the courses if, in the unlikely event it is necessary.
Students’ places are secured upon full payment or enrollment fee. If Students provide express written notification of cancellation with more than 48 hours’ notice prior to the beginning of the course, Beat Kitchen LLC will issue a 90% refund of any tuition fees paid. Enrollment fees are non-refundable. 10% is to cover admin and credit card interchange fees. With fewer than 48 hours’ notice, Beat Kitchen LLC will not issue any refund, as we may not be able to fill the Student’s space in time. If in the extremely unlikely event we need to cancel a course, we will issue the Student with a prorated refund if a mutually agreeable alternative solution cannot be found, covering the time remaining on the course as determined by Beat Kitchen LLC. Example: if a course is cancelled 30% of the way through, a 70% refund will be issued. If a course is cancelled before the start, a 100% refund will be issued.
Students’ Own Equipment:
Students are responsible for any equipment they bring on to Beat Kitchen LLC’s or Partner Facility's premises. The Student is responsible for the software and must be the legal owner of software used on the premises.
Photo & Video Release:
I understand thatBeat Kitchen wishes to use film and photo footage featuring me.
I grant the Company exclusive permission to use the Photograph [throughout the world] for [[any of its commercial or non-commercial purposes in all and any media, including, without limitation,] [in the Company’s printed publications, presentations, promotional materials, in the advertising of the Company’s goods or services or on the Company’s website, in its original format or edited or altered in any way which the Company deems appropriate.
Beat Kitchen LLC:
Accepts no responsibility for loss, damage or theft of personal belongings.
Reserves the right to alter advertised instructors at any time.
Reserves the right to cancel courses at any time and to transfer bookings to rescheduled dates. Students unable to attend rescheduled dates will be entitled to a refund or other credit.
Reserves the right to vary the course materials and to refuse any application or request for a course booking without giving a reason.
Takes no responsibility for the quality of services or products provided or offered by third party advertisers and/or vendors.
Attorneys Fees Provision:
In the event of any litigation arising from or related to services provided under this agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys fees, and all other related expenses incurred in such litigation. In the event of a no-adjudicative settlement of litigation between the parties or a resolution of a dispute by arbitration, the term “prevailing party” shall be determined by that process.
• In consideration for receiving permission to participate in the activities at Beat Kitchen LLC, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Beat Kitchen LLC, the Board of Trustees of Beat Kitchen LLC, their officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law
• I am fully aware of the risks and hazards connected with the activities of Beat Kitchen LLC’s courses, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that Beat Kitchen LLC does not require me to participate in this activity. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
• I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys’ fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
• It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Washington State and that any mediation, suit, or other proceeding must be filed or entered into only in Washington State and the federal or state courts of Washington State. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
The parties speculate to the personal jurisdiction of the state and federal court of the county of King County, Washington State.
This Agreement together with the Plan supersede any and all other prior understandings and agreements, either oral or in writing, between the parties with respect to the subject matter hereof and constitute the sole and only agreements between the parties with respect to the said subject matter. All prior negotiations and agreements between the parties with respect to the subject matter hereof are merged into this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or by anyone acting on behalf of any party, which are not embodied in this Agreement or the Plan and that any agreement, statement or promise that is not contained in this Agreement or the Plan shall not be valid or binding or of any force or effect.
BY TAKING MY COURSE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing terms and conditions. I am aged 18 or over or I am the parent of a minor who is aged under 18 and I am agreeing on his or her behalf.
Law and Jurisdiction:
These Terms and Conditions shall be governed by US law and the courts of Washington State shall have exclusive jurisdiction over any claim, dispute or difference which may arise out of them.
If any provision of this contract is held unenforceable, all remaining provisions of this agreement shall remain in full force and effect