Waiver
JFDK WAIVER 2022
PLEASE READ THE TERMS AND CONDITIONS OF THIS POLICY CAREFULLY BEFORE PURCHASING TICKETS FOR ANY EVENT. EACH GUEST IS RESPONSIBLE FOR ASSURING THAT HE/SHE COMPLIES WITH THIS POLICY AS DOES ANY PARTY FOR WHICH HE/SHE PURCHASES ON BEHALF OF OR TO WHOM HE GRANTS HIS SPACE IN AN EVENT.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JAMAICA FOOD AND DRINK COMPANY LIMITED. BY PURCHASING ANY CLASS, YOU FORFEIT ANY LEGAL RIGHT TO SUE FOR ANY CLAIMS RESULTING IN YOUR PARTICIPATION IN A CLASS OR ANY OF YOUR MINOR DEPENDENTS.
FULL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY AGREEMENT (“Agreement”)
By virtue of my participating in and/or purchasing a space for any of the Classes/Workshops offered, including but not limited to,I Made This, Home Cooks, Sweet ‘N’ Sourdough, Rooks 2 Cooks, Up the Ante, Chef Passport, Sizzling Saturdays, Fire Up (all hereinafter referred to as the “Class”) and in consideration for my being allowed to participate in the Class, the receipt and sufficiency of which is hereby acknowledged, I, agree to be bound by each of the following provisions of this Agreement with the knowledge that the Company will rely on same, subject to the terms of the Agreement herein.
ASSUMPTION OF RISKS. I want to participate in the Class and fully comprehend and accept all of the risks associated with my participation. I hereby acknowledge that I have voluntarily applied to be a participant in the “tour”, “cooking class” or “culinary workshop” organized by Jamaica Food and Drink Company Limited trading as Jamaica Food and Drink Kitchens (I hereby acknowledge that such tour/class/workshop activities may include, but are not limited to: a) transportation by vehicle to and from a pre-determined location, and b) preparation of food and/or beverage in a commercial or home kitchen using knives and other potentially hazardous kitchen utensils, kitchen appliances and kitchen equipment, and c) consumption of wine and/or beer, and/or alcoholic and/or non-alcoholic beverages, and/or food, and/or pasteurized and unpasteurized cheese, and d) tours of commercial wine, beer, and/or food preparation facilities) and I agree for myself, and (if applicable) for the members of my family, to the following:
1. I am aware that there are certain risks and dangers involved with cooking and food/beverage preparation. These risks, known or unknown, include, but are not limited to, the hazards arising from the use of sharp kitchen utensils (knives, graters, mandolins, etc.), the use of or proximity to kitchen appliances, the use of or proximity to kitchen equipment, cooking with or proximity to hot oil or other hot liquids, cooking over or proximity to open flames, travel by car, van, bus, and/or boat or ship, accidents, illnesses and acts of man, nature or God. I also recognize that there are certain inherent risks associated with the above described class, workshop and tour activities. I am aware that the risks may include permanent disability and death and that severe social and economic loss may result. I understand and agree that it is my responsibility to assess the risks presented and that I am the ultimate judge as to whether I can participate in the tour/class/workshop. I hereby authorize the Company to seek on my behalf all reasonable medical and surgical care that may be necessary as a result of any injury I may sustain while participating in the tour/class/workshop if I am reasonably unable to authorize such care myself. I hereby voluntarily assume full responsibility for all these and all other hazards which may be encountered during this tour/class/workshop, and (if applicable) I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Jamaica Food and Drink Company Limited and its employees, volunteers, agents, representatives, contractors and vendors for injury, loss or damage arising out of my or my family’s participation in the tour/class/workshop operated by Jamaica Food and Drink Company Limited, and in connection with the use of Jamaica Food and Drink Company Limited owned or Jamaica Food and Drink Company Limited vendor facilities, vehicles and equipment, whether caused by the fault of myself, my family, Jamaica Food and Drink Company Limited, or other third parties.
2. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted and orally conveyed rules and warnings, and further agree to follow any oral instructions or directions given by Jamaica Food and Drink Company Ltd, or the employees, representatives, volunteers, agents, contractors or associates of Jamaica Food and Drink Company Limited. I understand that Jamaica Food and Drink Company Limited reserves the right to require any participant to withdraw from a class or workshop (at his/her own expense) at any time if the class/workshop director deems his/her acts, conduct, or health and welfare to be detrimental to, or incompatible with, the interest, harmony, comfort, or welfare of himself/herself, the class/workshop or that of the other participants. In the case of class or workshop withdrawal, whether required by Jamaica Food and Drink Company Limited or voluntary, I agree to be responsible for all the arrangements and costs of my return travel home.
3. RELEASE AND WAIVER. I have read the previous paragraphs and appreciate the risks involved and HEREBY ASSERT THAT I VOLUNTARILY ASSUME FULL RESPONSIBILITY AND SOLE LIABILITY FOR ANY RISKS OF LOSS, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, as a result of my participation in the Class/Workshop/Tour WHETHER CAUSED
BY NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, ACCIDENT or other conduct on the part of the Company. I DO HEREBY RELEASE, WAIVE, DISCHARGE JAMAICA FOOD AND DRINK COMPANY LIMITED t/a JAMAICA FOOD and DRINK KITCHEN their employees, agents, successors and assigns (hereinafter referred to as “the Company”) from liability from any and all claims, INCLUDING THE NEGLIGENCE OF THE COMPANY, resulting in personal injury, accidents, or illnesses (including death), and property loss arising from my participation in the Event/Class/Workshop. I EXPRESSLY AGREE that the foregoing waiver and assumption of risks is intended to be as broad and inclusive as is permitted by the laws of Jamaica and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The laws of Jamaica shall govern this Agreement. I accept the jurisdiction of the courts of Jamaica for this Agreement.
4. I HEREBY CERTIFY THE FOLLOWING:
I CERTIFY that I am in good health and suffer from no minor or serious physical or mental illness, respiratory or heart condition or other condition that would make me especially susceptible to injury or disability while taking part in the Class/Workshop/Tour.
I CERTIFY that I will comply with all safety rules and instructions that are given to me by the staff and instructors either verbally, or in writing either prior to or during the class.
I CERTIFY that I am not under the influence of any drug or medication that could impair my ability to safely participate in the classes/workshops/tours in which I wish to participate.
5. BINDING EFFECT. This Agreement shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of the Company, its successors and assigns.
6. INDEMNITY. I AGREE TO INDEMNIFY AND HOLD THE COMPANY, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, and liabilities, including but not limited to, personal loss, injury (whether or not resulting in death), property chattels damage destruction or loss belonging to me in my possession as well as attorney’s fees brought as a result of my participation in the Class and to reimburse THE COMPANY for any such expenses that may occur as a result of my participation in the Class WHETHER CAUSED BY NEGLIGENCE, NEGLIGENT MISREPRESENTATION, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, ACCIDENT or other conduct on the part of THE COMPANY.
7.PHOTO RELEASE. I GRANT to the Company the perpetual right to photograph, video and record my participation in the Class and grant the permission for the legal publication of same anywhere in the world in any media now known or unknown by the Company without any obligation or compensation to me.
8. SEVERABILITY. Each clause, paragraph and provision of this Agreement shall be deemed to be and shall be treated as severable, and any invalidity, illegality or unenforceability affecting any clause, paragraph or provision of this Agreement shall not affect or prejudice the validity, legality and enforceability of the remaining clauses, paragraphs and provisions of this Agreement.
9. IF PARTICIPANT IS A MINOR: I consent to my minor participating in the Class. I agree to my and my minor’s assumption of the risks and the dangers described above, and to all releases and indemnities above. I agree individually, personally and on the above minor’s behalf to each and every provision above which I have read and fully understand. I am legally authorized to act as the parent or legal guardian of the above minor and authorize the Company to seek on my behalf reasonable medical and surgical care that may be necessary as a result of any injury my minor sustains while participating in the Class if I am not reasonably present to authorize such care myself.
I HAVE READ THIS FULL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I AM GIVING UP MY RIGHT TO SUE. I AM SIGNING FREELY AND VOLUNTARILY. I INTEND BY MY SIGNATURE THIS TO BE AN UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
