The Cooking Classes Terms and Conditions constitute a legal and binding contract between The French Kitchen, LLC (“TFK”) and you (the “Agreement”), and by clicking the button, you are agreeing to be bound by all provisions in this Agreement at the time of your acceptance.

This Agreement may be updated at any time. It is your responsibility to review the most recent version of this Agreement when purchasing classes or services and to remain informed of any changes.

Reservation Policy

• Payment in full is required at time of registration by credit card, gift card, or gift certificate. If you wish to pay by cash or check, please contact TFK for alternate payment arrangements or visit our culinary center at 4771 North Academy Blvd., Colorado Springs, Colorado.
• Payments will be processed at time of registration.
• Once you complete the registration and TFK receives payment in full, TFK will email your registration confirmation along with directions to TFK. Please notify TFK immediately if you do not receive a confirmation email. Participants are responsible to ensure they receive registration confirmation.
• Group events are reserved by completing a Private Event Booking Form and are subject to the Private Event Terms and Conditions.
• If TFK cancels a class due to low enrollment or other extenuating circumstances, all participants will receive a credit towards another class, or a full refund.
• TFK may substitute food items based on availability.
• Please arrive on time. Classes will always begin at their scheduled time.
• Observers or non-paid participants are not permitted during class, except for Caregivers that may be required to accompany disabled guests. In the case of a Caregiver for a disabled guest, only 1 reservation is required.

Cancellation Policy

• All cancellations require a 7-day notice from the time of scheduled class for full refund or class credit. If you cancel less than 7 days before your scheduled class time, TFK will not issue any refund, credit, or class transfer. (We recommend contacting us by email or phone as we cannot guarantee a response via social media, Google, text, etc.)
• TFK cannot provide refunds, credits or class transfers for classes missed as a result of illness, job loss, personal emergencies, scheduling conflicts, or events beyond TFK’s control. You may send another participant in your place in any such circumstance, provided such participant meets the participation criteria of TFK.
• TFK utilizes a Waiting List system on full classes in order to place waiting participants when a class opening arises:
• In the event you cancel a class less than 7 days before your scheduled class time, TFK will attempt to fill your spot.
• If, and only if, someone takes your vacated spot, TFK will provide a Gift Card for the registration amount, minus any discount applied toward your payment.
• To Transfer/Switch Classes: Transferring or switching classes requires a 7-day notice from the time of scheduled class. Please contact us directly by email or phone.
• As a courtesy, we may send a reminder email prior to your scheduled class, though TFK cannot guarantee that a reminder will be sent. Participants are responsible for arriving to class on time. TFK cannot provide refunds or credits when a participant fails to attend a reserved class.

Staying Safe and Healthy

You are responsible for: (i) informing TFK if you have any medical and/or food allergies; and (ii) avoiding any contact with such medical and/or food allergies. TFK may attempt, but cannot guarantee, to accommodate your allergies. It is your responsibility to prevent allergic reactions.

You should be dressed comfortably but with safety in mind. Flip-flops and open-toed shoes are not permitted in the kitchen. Do not wear loose clothing that could get caught in machinery or equipment. Jewelry should not be worn. You should wear hair clips or bands for long hair.

Children under 17 years of age are not permitted in adult classes without an adult present. Children ages 13 – 17 may participate in adult classes with an adult. Additionally, children between the ages of 8 and 16 years may participate in some of TFK’s classes with an adult per online class description.

For safety and other reasons, we do not allow observers in our classes. That includes children, grandparents, or those under a caregiver’s care.

Consent Form, Assumption of Risk, Waiver and Release

The class or classes I am registering to take with TFK are for the purpose of learning to cook, which involves preparing and cooking food. Like all cooking activities, certain risks and dangers arise, not all of which can be described herein, but may include, without limitation, cuts, scrapes, scratches, puncture wounds, thermal burns, chemical burns, scalds, injuries from using cooking equipment and instruments, eye injuries or irritation, skin irritations, allergic reactions, food poisoning, slips, falls, and choking. I have read the aforementioned risks and I am familiar with the nature of the classes and activities involved in the cooking classes. I understand and appreciate the inherent risks and the types of injuries that may occur as a result of my participation. I assert that my participation in TFK’s classes or activities is voluntary and I knowingly assume all risks associated therewith.

I understand that I am ultimately responsible for maintaining the quality of the food I prepare, cook and eat during any class or after any class. I alone am responsible for protecting myself against allergic reactions pertaining to food.

Further, in consideration of my ability to participate in a class or activity, I do hereby waive, release, indemnify and shall hold harmless TFK and its owners, members, managers, officers, directors, chefs, employees, attorneys, agents, and assigns (collectively, the “Released Parties”), from and against any and all demands, claims, losses, injury, damages, liability, attorney fees, costs, and/or expenses of litigation, in law or in equity, whether known or unknown, that have arisen or may arise from my participation in or attendance at any classes or activities provided by TFK, or from my use of any recipe, skill, technique, or method learned from TFK or in any of TFK’s classes or activities . Further, I promise not to sue any of the Released Parties for such demands, claims, or liability.

Recipes

At the end of the course, recipes will be given to participants for the food items produced. TFK hopes you will use these recipes for personal use. However, these recipes are and remain the intellectual property of TFK.

You may not use TFK’s recipes for any commercial use. TFK reserves the right to take judicial action to prevent any unauthorized use of TFK’s recipes.

Photographs, Videos, and Recordings

For privacy purposes, and to protect TFK’s intellectual property, you may not make video, audio, or any other recordings of any of TFK’s classes or activities without first obtaining TFK’s prior written consent. You may take photographs of your participation in TFK’s classes and activities for personal use; provided, however, that you must obtain consent of any other participants or any chef or employee of TFK included in such photographs.

Unless you provide TFK with written notice to the contrary, prior to your participation in any TFK class or activity, you agree that TFK may take photographs or make video, audio, or other recordings of such class or activity, and hereby grant TFK permission to use such photographs or recordings, along with your image, voice, performance, or likeness, on TFK’s website, for marketing and advertising purposes, in connection with media releases, for informational purposes, and for any other commercial purpose reasonably related to TFK’s business as determined by TFK.

Confidentiality

TFK shall strive to preserve the confidentiality of any information you provide to TFK, and will not sell or give your information to any third party.

Exchange and Return Policy

Purchased kitchen equipment may be returned for a refund or exchange within 30 days of purchase, so long as a receipt is provided, and such equipment is unused in its original packaging.

Food and beverage items, disposable food containers, and linen items (including, without limitation, aprons, dish cloths, and apparel), may not be returned, and these sales are final at the time of purchase.

TFK is not responsible for Delivery Orders once we have delivered the order and texted the customer that the delivery is complete.

Any Advance Orders canceled before 10:00am on the day of pick-up will only receive a 50% refund. Advance Orders cannot be canceled after 10:00am and will not be refunded.

TFK will hold items for pickup, so long as full payment is provided at the time the hold is placed. If held items are not picked up within 120 days of purchase, TFK reserves the right to cancel the purchase, and retain the purchase price.

To the extent permitted by law, TFK disclaims any and all warranties on items sold at retail. Manufacturer warranties may apply, which are independent of TFK.

General Terms

These terms and conditions govern the issuance of gift cards (“Card”) by The French Kitchen, LLC, a Colorado limited liability company located in Colorado Springs, Colorado (the “The French Kitchen”). The French Kitchen is the sole obligor to Card owner. When you purchase, receive or redeem a Card, you agree that the laws of the State of Colorado will govern these Card terms and conditions, without regard to principles of conflict of laws. The French Kitchen reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.

Use and Redemption

This Card is usable up to its balance for purchases made at The French Kitchen, or online at www.tfkcc.com, and may be redeemed in connection with the purchase of food, drink, boutique items, and classes held at The French Kitchen. Cards are not redeemable online or for other gift Cards, and are not redeemable for cash except as required by law.

Balance Inquiries

To check the balance on your Card, please visit The French Kitchen located in Colorado Springs or call 719-528-6295. To register your card, visit HeartlandGiftcard.com The Card balance you see online or receive over the phone is an estimate and may not reflect recent purchases. In most cases, the balance on your Card is automatically adjusted when you make a purchase. However, there may be delays between recent purchases and when the balance for your Card is updated.

Product Returns

If you return an item purchased using a Card, The French Kitchen will refund the purchase price by crediting your Card or by issuing you a new Card in the amount of the return.

Risk of Loss

This Card will not be replaced or refunded if lost or stolen. The risk of loss and title for all Cards pass to the purchaser upon sale. The French Kitchen is not responsible if a Card is lost, stolen, destroyed or used without your permission.

Limits on Promotional Use

Cards may be used as personal or business gifts. However, in order to control the use of its trademarks and branding, Cards may not be used for promotional purposes, to include, without limitation, any marketing, advertising, or other similar activities conducted by any means, to include, without limitation activities through websites, internet advertisements, email, telemarking, direct mail, newspaper and magazine advertisements, and radio or television broadcasts, without first obtaining written permission from The French Kitchen. If you are interested in using Cards in connection with your advertising, please contact The French Kitchen at info@tfkcc.com.

Anti-Fraud Provisions

The French Kitchen reserves the right to close any Card accounts and may request alternative forms of payment if The French Kitchen believes such Cards have been fraudulently obtained. The French Kitchen cannot ensure that Cards purchased online or through third party resellers are genuine or have accurate account balances. Accordingly, The French Kitchen discourages the purchase of discounted Cards and the purchase of Cards from unauthorized resellers. To further reduce incidences of fraud, Cards may not be returned, resold, transferred for value, redeemed for cash or applied to any other account except as required by law.

No Resale of Cards

You may not resell Cards without the prior written consent of The French Kitchen. If you would like to become an authorized reseller of our Cards, please contact us at info@tfkcc.com.

Compliance with Laws

By purchasing a Card, you are certifying and representing to The French Kitchen that: (i) all uses of the Card will comply with these terms and conditions, and all applicable laws, rules and regulations; and (ii) that the Cards will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers. In addition, you agree to defend and indemnify The French Kitchen and its respective members, managers, officers, agents, and employees from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your use of the Cards or your violation of any of these terms and conditions. You agree to release The French Kitchen and its respective members, managers, officers, agents, and employees from and against any and all claims, expenses or liabilities that you now have again, that you may have against, or that you may later have against or incur in connection with your use of the Cards or any violation of any of these terms and conditions.

Return and Transfer

Cards cannot be returned, resold, transferred for value, redeemed for cash, or applied to any other account, except to the extent required by law.

Limitation of Liability

The French Kitchen makes no representations, warranties or conditions of any kind and hereby disclaims any of the same, express or implied, with respect to the Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. In the event that The French Kitchen is found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the value of your Card. The French Kitchen shall have no liability for any incidental, indirect, or consequential damages (including without limitation loss of profit, revenue, or use) arising out of, or in any way connected with, these terms and conditions, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, even if The French Kitchen or its authorized representatives have been advised of the possibility of such damages. In no event shall The French Kitchen have any liability for unauthorized access to, or alteration, theft or destruction of a Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control. The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, The French Kitchen’s liability is limited to the greatest extent permitted by law.

Dispute Resolution

Any dispute relating in any way to a Card shall be adjudicated in the Colorado District Court located in El Paso County, Colorado, or the Federal District Court located in Denver, Colorado, and you consent to exclusive jurisdiction and venue in such courts.

The Private Event Terms and Conditions constitute a legal and binding contract (the “Agreement”) between The French Kitchen, LLC (“TFK”) and you, and by signing the Private Event Booking Form, you are agreeing to be bound by all provisions in this Agreement at the time of your acceptance. This Agreement may be updated at any time. It is your responsibility to review the most recent version of this Agreement when purchasing classes or services and to remain informed of any changes. If TFK cancels a class due to extenuating circumstances, all participants will be notified to arrange for a credit towards another class or will be given a full refund.

Reservation Policy: Your reservation is only confirmed after TFK: (i) receives fully completed and signed Private Event Booking Form of this packet; (ii) receives a deposit of 60% of the estimated total; and (iii) contacts you to confirm receipt and booking of your event. The remaining balance is due 15 days before the event.

- Deposit is 90% refundable for cancellations up to 30 days before the event.

- Deposit is 50% refundable for cancellations up to 15 days before event.

- Deposit is non-refundable for cancellations less than 15 days before event.

- Full amount, once collected, is non-refundable for cancellations less than 14 days before event.

Please note, we cannot hold a requested date for more than 7 days without a deposit.

Rescheduling: TFK reserves the right not to reschedule your event due to cancellations less than 14 days before event or no-shows the day of the event.

Timing: The event duration is listed in your Private Event Booking Form. Additional time may be purchased for $150 per hour, based on availability. Please arrive 15 minutes early so that your event can begin on time. If you arrive more than 30 minutes late, the event will be canceled due to time constraints and your payment will be forfeited.

Food Restrictions/Allergies: Please notify TFK of any dietary restrictions, food allergies, or sensitivities, at the time of booking. We will do our best to meet the needs of our guests, but we cannot guarantee accommodations depending on the event selection or menu options. You can create your own custom menu only with our Customizable Menu option where you will have direct contact with the Chef Instructor to determine your unique menu based on your dietary needs, restrictions, or preferences. Please note that our facility uses milk, eggs, fish, nuts, wheat, and soy and cannot guarantee no cross contamination.

Alcohol: The French Kitchen provides responsible alcohol service. As the host of an event, you are accountable for the behavior of your guests. Please assist us in ensuring responsible behavior. If your event includes alcohol service, all beverages must be supplied by TFK. Anyone ordering alcoholic beverages must be able to show a valid ID. TFK does not serve alcohol to anyone under the age of 21. We reserve the right to discontinue alcohol service or end the event with no refund if the following occurs:

- We find any of your guests drinking alcohol not supplied by TFK, or outside of designated service areas,

- We find a minor (under the age of 21) drinking or we find someone providing alcohol to a minor.

- We find someone providing alcohol to someone who was refused bar service.

- If the safety of 2 or more of your guests, our staff and/or facility is in question.

We offer a selection of soft drinks, sparkling/still water, as well as tea and coffee service with dessert.

Other Terms:

- No outside food or drink is allowed.

- TFK reserves the right to substitute food and beverage items based on product availability.

- Our general terms and conditions can be viewed online at https://www.tfkcc.com/policies/.

By signing this contract, you agree to be bound by all provisions in this Agreement at the time of your acceptance.

OVERVIEW

This website is operated by The French Kitchen Culinary Center. Throughout the site, the terms “we”, “us” and “our” refer to The French Kitchen Culinary Center. The French Kitchen Culinary Center offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://tfkcc.com/privacy-security-policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The French Kitchen Culinary Center, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The French Kitchen Culinary Center and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@tfkcc.com.

Our contact information is posted below:

The French Kitchen Culinery Center

info@tfkcc.com

4771 N. Academy Blvd. Colorado Springs, CO 80918 (At the corner of Flintridge & Academy)

(719) 528-6295