Welcome to https://trailblazerkitchen.com (the “Site”), a website operated by Trailblazer Kitchen (“Company,” “us,” “our,” and “we”). We provide the Site and the services provided through the Site (the Site and services will be collectively referred to as the “Services”).
Inaccuracies on the Site
Errors, Inaccuracies, and Omissions. Despite our best efforts, our Site may occasionally contain typographical errors, inaccuracies, or omissions that relate to recipe instructions, ingredient lists, and content and information. We reserve the right to correct any errors, inaccuracies, or omissions.
Corporate Cooking Experiences
a. All Performance Subject to These Terms. Client retains Instructor to perform the Services and Instructor agrees to perform the Services all on the terms and conditions stated in this Agreement.
b. Additional Services. Any requested changes or additions to the Services must be in writing.
c. Allergies and Dietary Restrictions. Client has chosen Instructor based on Instructor’s skill and aesthetic, as displayed on Instructor’s website, social media, and other internet presence. Client acknowledges that, due to Instructor’s specific knowledge and expertise, Instructor may not be able to accommodate all Participant allergies and/or dietary restrictions, but Instructor will attempt to make accommodations where possible, in Instructor’s discretion.
a. In General. In exchange for Instructor’s performance of the Services, Client will pay Instructor according to the Compensation stated above.
b. Late Fee and Related Protocol. Payment of Compensation not made within seven (7) days of the date on which those payments are due may be subject to late charges equal to (i) a flat, one-time Fifty Dollar ($50.00) late fee, plus one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law; whichever is less.
3. Client Obligations.
a. Access to Information. Client will provide all documents, Participant names, and any other content or information needed for the successful performance of the Services (“Client Materials”). Client must submit all Client Materials in a timely manner so as not to delay or inhibit Instructor’s successful performance of the Services.
b. Delays. Instructor is not responsible or liable for any delay or failure of performance caused in any way by Client’s delay in performing, or failure to perform, any of Client’s obligations under this Agreement.
4. Cancellation Policy.
a. Cancellation by Client. If Client wishes to cancel or reschedule the Session, the following policies apply:
i. For any cancellation that takes place more than seventy-two (72) hours before the time the Session is scheduled to begin, the Session may be rescheduled for a later date that is mutually agreed upon by both the Client and the Instructor. If Client and Instructor are subsequently unable to agree upon a rescheduled Session date, Instructor will retain the Non-Refundable Retainer Fee and this Agreement will be automatically terminated.
ii. For any cancellation that takes place less than seventy-two (72) hours before the time the Session is scheduled to begin, Client must pay the entire Compensation.
b. Cancellation by Instructor. If Instructor must cancel the Session, the following policies apply:
i. Instructor and Client will make best efforts to reschedule the Session on a mutually agreeable, in which case no additional Compensation nor refund of any Compensation will be due, unless there is a net positive change in the number of Participants.
ii. If Instructor and Client are unable to agree upon an alternate date for the Session, Instructor will refund Client the entire Compensation.
5. Intellectual Property. For purposes of this Agreement, “Course Materials” means all documents and other files, including templates, recordings (whether audio, visual, or audiovisual), presentations, worksheets, guides, lesson plans, content, slide shows, writings, text, literature, graphic designs, other designs, photographs, action plans, detailed instructions, Session recordings, and all other materials created or provided by Instructor in the course of providing the Services. All Course Materials are the sole and exclusive property of Instructor and/or its licensors, and are protected under applicable copyright, trademark, and other proprietary rights. Client, and any Participant, may only use the Course Materials as expressly permitted by this Agreement. Using the Course Materials for any purpose other than the purposes specifically permitted by this Agreement is a violation of Instructor’s copyright and other proprietary rights and may be subject to monetary damages and other penalties. Client may use the Course Materials solely in connection with the Participants’ participation in the Session – specifically, each Participant’s own personal use. Replication or any other use of the Course Materials for purposes of deriving a financial or commercial benefit from those Course Materials is strictly prohibited. Unauthorized copying, distribution, publication, modification, other use, or making available any Course Materials for use or viewing by others – for example, sharing Course Materials with friends or colleagues for their use or manipulation, or providing access to the Session to a non-Participant – is also strictly prohibited. Client may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works (or “knock-offs”) from — or transfer, sell or otherwise exploit or infringe on — any portion of the Session, the Course Materials, or any products or services obtained from or otherwise transmitted through the Session. Any violation of this Paragraph will be grounds for termination, with or without notice, and all other available legal action. Nothing contained in this Agreement should be interpreted as granting any license or right for Client to use any Course Materials or other intellectual property belonging to Instructor without Instructor’s express written permission.
6. Replay Availability. Instructor will provide access to a recording of the Session (a “Replay”) if Client pays the Replay Fee stated above. Client is prohibited from providing any portion of that Replay, or the link to access that Replay, to anyone outside of Client’s own employees.
7. Marketing and Promotion. Instructor may photograph and/or record part or all of the Session for Instructor’s internal evaluation purposes and for promotional purposes, including for display on Instructor’s website, social media accounts, portfolio (electronic and physical), and/or otherwise in connection with Instructor’s marketing efforts. Client waives any right to payment or royalties for the use of such images or footage. Client forever releases, discharges, and holds Instructor harmless from all claims, demands, and causes of action that Client may have by reason of this authorization. Instructor will request permission from all Participants at the beginning of the Session to ensure that any Participants who do not wish to be photographed have the opportunity to make their preferences known.
CLIENT UNDERSTANDS THAT PARTICIPATION IN COOKING, PREPARATION, AND RELATED ACTIVITIES CARRIES CERTAIN KNOWN AND UNKNOWN RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES. CLIENT ACKNOWLEDGES THAT CLIENT IS AWARE AND VOLUNTARILY EXPOSES THE PARTICIPANTS TO RISKS INHERENT IN THE SESSION, INCLUDING BUT NOT LIMITED TO, PHYSICAL AND EMOTIONAL INJURY OR DEATH RESULTING FROM SERIOUS LACERATIONS, CUTS, SCRAPES, AND OTHER KNIFE-RELATED INJURIES; SLIPPERY SURFACES; ALLERGIC REACTIONS; EYE INJURIES; AND BURNS. CLIENT FURTHER ACKNOWLEDGES THAT IF PARTICIPANTS CHOOSE TO CONSUME ALCOHOL DURING THE SESSION, CLIENT IS AWARE OF AND VOLUNTARILY EXPOSES ITSELF TO THE MANY RISKS OF ALCOHOL CONSUMPTION, AND THE RISK THAT ALCOHOL CONSUMPTION MIGHT EXACERBATE THE RISKS INHERENT IN THE SESSION. EXCEPT FOR DAMAGE OR LOSS CAUSED SOLELY BY INSTRUCTOR’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, CLIENT KNOWINGLY ASSUMES FULL AND SOLE RESPONSIBILITY FOR ALL OF THE FOREGOING RISKS AND ACKNOWLEDGE THAT THE PARTICIPANTS’ PARTICIPATION IN THE ACTIVITY IS FULLY VOLUNTARILY DESPITE THOSE RISKS.
Participants must abide by any real-time instruction provided during the Session. If real-time instructions are violated, Participants may be removed and/or asked to leave the Session without refund of any compensation or other costs incurred.
No content provided throughout the course of the Services is intended to, nor does it constitute legal, professional, medical, or healthcare advice or diagnosis, and may not be used for such purposes. The Session and any information or service provided through the Services is provided on an “as is” and “as available” basis. RESULTS VARY. INSTRUCTOR DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE SERVICES.INSTRUCTOR MAKES NO WARRANTY THAT 1) THE SERVICES WILL MEET CLIENT OR EACH PARTICIPANT’S REQUIREMENTS, 2) THE SESSION, AND ANY INFORMATION OR PRODUCT PROVIDED BY OR IN CONNECTION WITH THE SESSION, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER OFFERINGS OBTAINED THROUGH CLIENT OR ANY PARTICIPANT’S USE OF THE SERVICES WILL MEET CLIENT OR ANY PARTICIPANT’S EXPECTATIONS, 4) ANY ERRORS IN SOFTWARE UTILIZED BY INSTRUCTOR WILL BE CORRECTED, OR 5) PARTICIPANTS’ ACCESS TO THE PLATFORM(S) ON WHICH THE SESSION IS ACCESSIBLE WILL MEET ANY PARTICULAR EXPECTATIONS OR REQUIREMENTS.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL INSTRUCTOR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, CLIENT OR PARTICIPANT’S USE OF THE SESSION, THE COURSE MATERIALS, ANY THIRD PARTY PRODUCTS, OR THE PLATFORM(S) ON WHICH THE SESSION IS ACCESSED, EVEN IF INSTRUCTOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, regardless of the limitation of liability described in this Section, liability is imposed upon Instructor, Instructor’s liability will not exceed the total Compensation paid by Client to Instructor for the Services.
Client understands that Instructor will not be financially responsible for any delivery, quality assurance, or safety precautions performed in tandem with or in connection with the Services or any products (such as class kits). Instructor expressly disclaims any and all liability in connection with any third-party products or services, including, but not limited to, food products, ingredients, delivery services, internet access and/or wireless services, or software platforms, and Client shall indemnify, release, and hold Instructor and its agents, contractors and employees harmless from any and all liability as a result of any damage whatsoever resulting from any such third-party products or services. Any dispute between Client or any Participant and a third-party provider is between Client or Participant and that third party, and Instructor will not intervene or initiate any related claim, demand, and/or action, but will provide Client or Participant with supporting documentation in Instructor’s possession.
10. Indemnification and Hold Harmless.
a. By Client. Client will indemnify and hold Instructor harmless from, and defend Instructor against, any liability or expenses (including reasonable attorneys’ fees and costs) incurred as a result of any claim, judgment, damages, liabilities, costs, expenses, or adjudication against Instructor arising from any breach of this Agreement by Client or by any Participant, from any action or inaction on the part of Client or any Participant because of, in connection with, or relating to the Services that results in foreseeable damage to Instructor, or otherwise arising out of the Services, any related products, or the subject matter of this Agreement, including any costs of collection for unpaid Compensation and/or attorneys’ fees relating to such collection.
b. By Instructor. Instructor will indemnify and hold Client harmless from, and defend Client against, any liability or expenses (including reasonable attorneys’ fees and costs) incurred as a result of any claim, judgment, damages, liabilities, costs, expenses, or adjudication against Client arising from any breach of this Agreement by Instructor, from any gross negligence on the part of Instructor because of, in connection with, or relating to the Services that results in foreseeable damage to the Client, or otherwise arising out of the subject matter of this Agreement.
11. Representations and Warranties.
- Instructor. EXCEPT AS STATED IN THIS AGREEMENT, THE SERVICES AND ANY THIRD-PARTY PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND INSTRUCTOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THEM. Instructor warrants and represents that Instructor has the full right, power, and authority to enter into this Agreement, grant the rights granted by Instructor, and perform its obligations under this Agreement.
- Client. Client warrants and represents that Client has the full power and authority to enter into this Agreement and grant the rights granted by Client, that Client’s performance under this Agreement will not conflict with or result in any breach of any third-party contract or violate the rights of any third person or entity including, but not limited to, intellectual property, confidentiality, or contract-related rights.
12. Force Majeure. If circumstances beyond the control of Client and Instructor make performance of the Services impossible – including, but not limited to, medical emergency, fire, flood, tornado or other act of weather, riot, war, and/or insurrection – all of Instructor’s obligations under this Agreement will be suspended until Instructor may, in Instructor’s discretion, safely resume performance of the Services.
13. Entire Agreement; Binding. This Agreement, when signed by Instructor and Client, constitutes the entire understanding between Instructor and Client with respect to the subject matter described and may not be amended or assigned except in a written document, signed by both parties. This Agreement is binding on and will be enforceable by Instructor and Client and their successors and permitted assigns.
14. Governing Law and Jurisdiction. This Agreement will be construed according to the laws of the State of STATE for contracts wholly performed and executed in that state. All disputes arising under or related to this Agreement must be settled by a mediator or in a court of competent jurisdiction in ROCHESTER, OLMSTED County, MINNESOTA.
15. Severability. If any section or sentence of this Agreement is determined by a proper court to be invalid, illegal, or unenforceable, such invalidity, that determination will not affect any other section or sentence of this Agreement or invalidate or render such that section or sentence unenforceable in any other jurisdiction.
16. Waiver. Instructor’s failure to insist on or enforce any provision of this Agreement will not be construed as, and does not constitute, a waiver of any other provision or right, or of any subsequent breach.
17. Assignment. Instructor may assign this Agreement to a successor-in-interest. Client may not. Any other assignment or attempted assignment made by Client or Instructor will be deemed void.
18. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement have binding legal effect only if in writing and addressed to a party at the respective addresses first written above. Notices sent according to this section will be deemed effectively given: i) when sent, if sent by email and sent during the addressee’s normal business hours, ii) on the next business day, if sent by email after the addressee’s normal business hours, or iii) on the second day after the date mailed, if mailed by certified or registered mail, which must be sent return receipt requested, postage prepaid.
19. Captions. The section descriptions in this Agreement are for reference only and do not affect the interpretation of this Agreement.
20. Counterparts; Electronic Signature. The parties may sign this Agreement in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one agreement. The signatures of all the parties need not appear on the same physical document, and delivery of a signed counterpart signature page by scan and/or email is as effective as executing and delivering a copy of this Agreement signed in ink. Each party agrees that any verifiable electronic signature attached to or adopted by that party with the intent to sign this Agreement, whether digital or encrypted, is intended to sign and authenticate this Agreement and has the same force and effect as a manual signature.