Participation Agreement, Release and Waiver of Liability
Please read this agreement carefully. It includes a release of liability and an assumption of risk. By checking the acceptance box, you agree to all of its terms on behalf of yourself and/or the participant(s).
This Participation Agreement, and Release and Waiver of Liability (this “Agreement”) is entered into by the undersigned parent or legal guardian who accepts it electronically (the “Undersigned”) on behalf of the themselves and/or the minor child the Undersigned enrolled (the “Participant”) in consideration for Sprouts Cooking School, LLC (“Sprouts”) permitting the Participant to enroll and participate in a class, camp, birthday party, MemberChef® program, or other activity offered by Sprouts (each, the “Program”). This Agreement applies to the Participant and to the Undersigned’s Sprouts registration. By checking the acceptance box, the Undersigned agrees to the following on the Undersigned’s own behalf and on behalf of the Participant.
The participant information for this Agreement, including the Participant’s name and date of birth, the Undersigned’s name and relationship to the Participant, contact and emergency contact details, and the Program(s) enrolled, is the information the Undersigned provided during online registration for the Undersigned’s Sprouts account, which is incorporated into this Agreement by reference.
1. Acknowledgment and Assumption of Inherent Risks
The Undersigned understands that, although Sprouts designs its facilities, equipment and Programs to provide a safe and enjoyable experience, participation in a cooking Program necessarily involves inherent risks that cannot be eliminated regardless of the care taken. The Undersigned acknowledges and voluntarily accepts, on behalf of the Undersigned and the Participant, all risks inherent in the Program, including but not limited to: cuts, lacerations, and puncture wounds from knives, graters, and other sharp tools and equipment; burns, scalds, and heat-related injuries from stoves, ovens, hot surfaces, hot liquids, steam, and hot oil; slips, trips, and falls; exposure to food allergens and resulting allergic reactions; foodborne or communicable illness; injuries caused by other participants; and other risks ordinarily associated with cooking, food preparation, and group activities. The Undersigned voluntarily assumes all such inherent risks on behalf of the Undersigned and the Participant.
2. Release and Waiver of Liability
To the fullest extent permitted by Indiana law, and in consideration of the Participant’s enrollment in the Program, the Undersigned, on behalf of the Undersigned and the Participant, hereby releases, waives, and discharges Sprouts and its owners, officers, employees, agents, volunteers, and representatives (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, and liabilities of any kind arising out of or relating to the Participant’s presence at Sprouts’ facilities and/or participation in the Program, including any such claim arising in whole or in part from the ordinary negligence of any of the Released Parties.
(a) Undersigned’s own claims. The Undersigned releases and waives all claims that the Undersigned may have, now or in the future, against the Released Parties arising out of or relating to the Program, including the Undersigned’s own claims and any derivative claims for the Participant’s medical expenses, loss of the Participant’s services, or similar losses.
(b) Participant’s claims. The Undersigned, acting on behalf of the Participant as the Participant’s parent or legal guardian, releases and waives all claims that the Participant may have, now or in the future, against the Released Parties arising out of or relating to the Program.
(c) Binding effect. This release is binding upon the Undersigned, the Participant, and their respective heirs, next of kin, assigns, and personal representatives.
3. Limitation of Release (Savings Clause)
This Agreement releases the Released Parties only from claims arising from ordinary negligence and from risks inherent in the Program. Nothing in this Agreement releases, waives, or limits liability for the willful, wanton, reckless, or intentional misconduct of any Released Party, or for any liability that may not be released or limited under applicable law. Any provision of this Agreement that would otherwise be unenforceable as applied to such conduct shall be limited to the maximum extent permitted by law and shall not affect the enforceability of the remainder of this Agreement.
4. Indemnification
The Undersigned agrees to indemnify, defend, and hold harmless the Released Parties from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) to the extent arising out of (a) any act, omission, or misconduct of the Undersigned or the Participant; (b) any property damage or injury caused by the Participant; or (c) the Undersigned’s breach of any representation or obligation under this Agreement, including the health and allergy disclosure obligations in Section 6. This indemnification obligation does not extend to claims arising from a Released Party’s own negligence or misconduct.
5. Allergy Acknowledgement and Release
The Undersigned understands and acknowledges that the Program involves exposure to food, cooking activities, and others persons, and that such exposure may result in contact with allergens and allergic reactions, including potentially severe reactions. The Undersigned voluntarily assumes the risk on behalf of the Undersigned and the Participant and, to the fullest extent permitted by Indiana law, releases and discharges the Released Parties from any and all liability for injury to the Participant arising out of or relating to allergen exposure during the Program that results from the ordinary negligence of a Released Party or from the inherent risks of the Project. This release is subject to the limitations in Section 3.
6. Mandatory Health and Allergy Disclosure
The Undersigned represents and warrants that the Undersigned has fully and accurately disclosed to Sprouts, in the General Health/Medical Conditions Information statement, all of the Participant’s allergies, dietary restrictions, and medical conditions relevant to participation in the Program. The Undersigned acknowledges that Sprouts is relying on this disclosure to provide the Program safely, and that the Undersigned’s failure to disclose accurately and completely is a material breach of this Agreement. The Undersigned agrees to notify Sprouts immediately of any change to the Participant’s allergies, medical conditions, medications, or Emergency Action Plan.
7. Medication Administration and Emergency Medical Authorization
The Undersigned understands and acknowledges that Sprouts is a cooking school, not a medical provider, and that its owners, employees, and volunteers are not doctors, nurses, or licensed or trained medical professionals. The Undersigned acknowledges that Sprouts staff may have little or no training or experience in evaluating medical conditions or in administering medications of any kind, including emergency medications such as epinephrine auto-injectors, inhalers, or similar devices. The Undersigned understands that any administration of medication by Sprouts staff, or any decision by staff about whether, when, or how to administer medication or to seek emergency care, is undertaken only as a good-faith accommodation at the Undersigned’s request and not as, or as a substitute for, professional medical care. The Undersigned is responsible for providing clear written instructions and any necessary training materials, and for ensuring that any medication is properly labeled, in date, and accompanied by the manufacturer’s directions. The Undersigned voluntarily assumes, on behalf of the Undersigned and the Participant, all risks associated with the administration of medication by non-medical personnel, including the risk that medication may be administered incorrectly, late, or not at all.
The Undersigned acknowledges and agrees that it is the Undersigned’s responsibility to bring to the Program any and all medications identified in the General Health/Medical Conditions Information statement and to give such medication(s) directly to Sprouts staff in the original prescription container. The Undersigned gives Sprouts permission to administer such medication to the Participant in the event of an emergency and in accordance with any stated Emergency Action Plan, and consents to Sprouts taking appropriate action for the safety and welfare of the Participant. The Undersigned further agrees:
- that Sprouts may administer the identified medication(s) to the Participant in accordance with the stated Emergency Action Plan in the event of an emergency;
- that in all cases the recommended dosage of any medication will not be exceeded;
- that the Undersigned authorizes Sprouts to secure from any licensed hospital, physician, or medical personnel any treatment deemed necessary for the immediate care of the Participant in the event of an adverse reaction or other medical emergency;
- that the Undersigned is responsible for payment of any and all medical services rendered to the Participant, and represents that the Participant is covered by health insurance or that the Undersigned otherwise accepts responsibility for such costs; and
- that the Undersigned will notify Sprouts immediately of any change in the Participant’s medication or Emergency Action Plan.
To the fullest extent permitted by Indiana law, the Undersigned releases the Released Parties from any and all claims for injury to the Undersigned or the Participant arising out of the good-faith administration of medication or the securing of emergency medical care under this Section that results from the ordinary negligence of a Released Party, subject to the limitations in Section 3. Sprouts will not administer medication to the Participant until this Agreement and the General Health/Medical Conditions Information statement have been fully completed by the Undersigned.
8. Communicable Diseases
The Undersigned understands that participation in a group Program carries an inherent risk of exposure to communicable and infectious diseases. The Undersigned voluntarily assumes this risk on behalf of the Undersigned and the Participant and, to the fullest extent permitted by Indiana law, releases the Released Parties from claims arising from such exposure that result from the ordinary negligence of a Released Party or from the inherent risks of the Program, subject to the limitations in Section 3. The Undersigned agrees not to send the Participant to the Program if the Participant is exhibiting symptoms of a contagious illness.
9. Code of Conduct
Sprouts strives to provide an inclusive environment that is safe and welcoming to all Participants and is committed to providing an environment that is free from conduct that could be considered discriminatory or harassing. Any words or actions directed at an individual based upon a characteristic or status protected by law will not be tolerated, and Sprouts prohibits any person, whether a Sprouts employee, a customer, or a child, from discriminating against or harassing another individual. Sprouts will take all reasonable steps to prevent and promptly correct any discrimination or harassment, up to and including removal of a participant from the Program.
Sprouts is likewise committed to an environment free from physical harm or threats of physical harm. Disruptive behavior or violence toward another individual or toward property will not be tolerated. Prohibited behavior includes, without limitation, physical fighting, pushing, shoving, hitting or otherwise deliberately hurting or attempting to hurt another individual; destruction or sabotage of personal or Sprouts property, and belligerent conduct, including swearing and persistent loud, angry statements. Sprouts will take all reasonable steps to prevent and promptly correct such behavior, up to and including removal of a participant from the Program.
10. Photo and Media Release
The Undersigned grants to Sprouts and its representatives the irrevocable, perpetual right to photograph and record the Participant in connection with the Program and to copyright, use, and publish such photographs and recordings, in print and electronically, with or without the Participant’s name, for any lawful purpose, including publicity, illustration, advertising, and web content. The Undersigned agrees that this grant continues after the Participant reaches the age of majority. The Undersigned releases Sprouts from any expectation of confidentiality for the Participant in connection with such use and acknowledges that participation in Sprouts publications and websites confers no rights of ownership. The Undersigned represents that the Undersigned has the authority, as the Participant’s parent or legal guardian, to grant these rights.
Opt-Out: If the Undersigned does not wish to grant the photo and media rights in this Section, the Undersigned may notify Sprouts in writing of such opt-out option, and the Participant will be excluded from Sprouts’ promotional use of photographs and recordings.
11. Privacy
No mobile information collected by Sprouts will be shared with third parties or affiliates for marketing or promotional purposes.
12. Payment and Cancellation Policies
Operational basis for these policies. Sprouts orders food well in advance of each Program and purchases that food and staffs its teachers based on the number of children enrolled. Sprouts has limited space for each Program; once a spot is sold, another family cannot purchase it, and Sprouts is generally unable to re-sell the space effectively. Because of these operational costs, the perishable nature of the food, and the limited space, the following policies apply.
General policy. All purchases are final. Except as expressly provided below, Sprouts issues credits rather than refunds. If Sprouts cancels any class, camp, birthday party, or MemberChef® program for reasons beyond its control, including inclement weather, natural disaster, pandemic, government order, or insufficient enrollment, the customer’s registration will be credited toward a future Program.
Individual classes. If you expect to miss a single-session class, provide written notice to [email protected] at least forty-eight (48) hours before the class. With timely notice, you will receive a credit, less a fifteen-dollar ($15) change fee. Credits are held on file for six (6) months and may be applied to a future class, camp, or event. To change to a different class, for any reason and regardless of notice, a fifteen-dollar ($15) change fee applies per single-session purchase. No-shows and cancellations within forty-eight (48) hours of a class cannot be credited, because the food will already have been purchased and the class staffed.
Camps. If you expect to miss an entire camp (all four days, not a single day), provide written notice to [email protected] at least two (2) weeks before the camp. With timely notice, you will receive a credit, less a fifty-dollar ($50) change fee. Sprouts does not offer makeup days for individual missed camp days. Credits are held on file until the end of the calendar year and may be applied to a future camp, class, or event. To change to a different camp or to cancel, for any reason and regardless of notice, a fifty-dollar ($50) change fee applies per camp purchased. No-shows and cancellations within two (2) weeks of a camp cannot be credited, because the food will already have been planned or purchased and the camp staffed, and summer camps sell months in advance.
Customers choosing the installment option for a four-day camp will pay fifty percent (50%) of the camp fee at the time of booking. The remaining fifty percent (50%) will be charged to the card on file two (2) weeks after the initial payment. Failure to pay the remaining balance will result in cancellation of the Participant’s enrollment, and the initial 50% payment will be forfeited to the extent of costs Sprouts has already incurred.
Birthday parties. To reschedule a reserved birthday party, provide written notice to [email protected] at least three (3) weeks before the scheduled party. A fifty-dollar ($50) change fee applies to change a party date. If notice is given fewer than three (3) weeks before the party, the deposit is forfeited to the extent of costs Sprouts has already incurred. Birthday party cancellations are non-refundable, and no credit toward future purchases will be given unless Sprouts is able to book another party in the released time slot.
MemberChef®. MemberChef® is a members-only subscription culinary program paid by monthly automatic electronic payment (credit or debit card).
The subscription term for MemberChef® is six (6) months and will automatically renew for successive six (6)-month terms unless cancelled as provided below and in Section 13. Any change to or cancellation of a plan must be received in writing at least thirty (30) days before the next billing cycle. It is the member’s responsibility to monitor membership expiration and renewal dates. Cancellation requests should be submitted to [email protected] and must be received at least thirty (30) days before the card-processing date or plan expiration date. A cancellation request submitted with less than thirty (30) days’ notice will result in a final payment on the established auto-draft date, after which the member will have thirty (30) days from the last billing date to attend Sprouts classes. No refund is issued once a payment has been charged.
Sprouts does not provide refunds retroactively, does not issue refunds for unused memberships, and does not carry over missed sessions to the following month.
13. Automatic Renewal for MemberChef® Affirmative Consent
The MemberChef® subscription automatically renews and the card on file is charged on a recurring basis until cancelled. Members enrolling in MemberChef® hereby consent to these recurring-charge terms during online enrollment and expressly acknowledge and agree to the monthly amount being charged on the first day of each month for the term length of the chosen Program. To cancel, submit written notice to [email protected] at least thirty (30) days before the next billing date. Sprouts will send a reminder notice before each renewal charge. This Section applies only to MemberChef® subscriptions.
14. Parental Authority
The Undersigned represents and warrants that the Undersigned is the parent or legal guardian of the Participant and has full legal authority to enter into this Agreement on the Participant’s behalf. The Undersigned agrees to indemnify and hold harmless Sprouts for any expenses, claims, or liabilities arising from any insufficiency of the Undersigned’s legal authority to execute this Agreement.
15. Governing Law and Venue
This Agreement is governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement or the Program shall be brought exclusively in the state or federal courts located in Hamilton County, Indiana, and the parties consent to the jurisdiction and venue of those courts.
16. Severability
If any provision of this Agreement is held invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
17. Electronic Acceptance
The Undersigned has reviewed the participant information provided during online registration and represents that it is accurate to the best of the Undersigned’s knowledge. The Undersigned has read this entire Agreement, understands all of its terms, and voluntarily agrees to be bound by them on behalf of the Undersigned and the Participant. The Undersigned understands that this Agreement includes a release of liability and an assumption of risk.
The Undersigned agrees that accepting this Agreement electronically, by checking the acceptance box herein, constitutes the Undersigned’s binding agreement to its terms and has the same legal effect as a handwritten signature. The Undersigned acknowledges that the full text of this Agreement was presented and available for review before acceptance. Sprouts records the identity of the accepting account holder, together with the date and time of acceptance, as evidence of agreement.
The Undersigned further represents that the Undersigned is at least eighteen (18) years old and is the parent or legal guardian of the Participant with authority to accept this Agreement on the Participant’s behalf.