Baking Retreat Terms & Conditions
Please read through this carefully as it is created to help and protect all involved, thank you.
TERMS OF SERVICE AGREEMENT
This page describes the Florida Academy of Baking LLC ( “FAB”) retreat terms and conditions (the “Terms”). It is your responsibility to fully understand these Terms for our retreat as set forth below. Should you have questions regarding the terms and conditions of a FAB retreat, we are available for consultation and would be happy to clarify any areas in advance of assenting to these Terms.
PAYMENT TERMS & CANCELLATIONS
Retreat Pricing. All prices are per station, set in advance of the retreat start date, and final. We require a deposit to reserve your space in a retreat. You can find pricing and other payment details on fabbaker.com (henceforth referred to as “the website”.) Prices include classes and activities as described in the retreat description only; they do not include airfare to and from the retreat, ground transportation (unless previously arranged, restrictions apply) meals outside of the ones specified in the description of each individual retreat, or any other incidental costs.
Retreat Payment. Payment can be made by Zelle or Credit Card via the website (www.fabbaker.com.)
Payment Method Changes. If it is necessary to make changes to previously submitted payment types, please contact FAB at info@fabbaker.com. Please provide your name and the best way to contact you (phone or email). Do not submit credit card information over email.
Strict Cancellation Policy. If you wish to cancel your retreat at least At least 60 days prior to the Retreat start date- Full refund (excluding credit card/payment fees if applicable)
30-59 days prior to the Retreat start date- Booking Deposit is forfeited (or 50% of the course fee if you’ve paid in full.) You also have the choice of gifting the retreat to a friend at no extra charge (please notify us with their contact details.)
Your travel insurance should cover any other issues/reasons you can’t attend. We are unable to offer refunds/credit notes for any other reason - hence the need for travel insurance.. (see exception in the Retreat Participation and Cancellations section below.)
However, you can find someone to take your place and gift or handle financial arrangements with the new guest (similar to selling tickets for a regular event to a friend that will take your place). Please reach out to us for further details. Exceptions to our cancellation policy will not be made for ANY reason, including weather, natural disaster, terrorism, civil unrest, virus, health changes, personal emergencies, Force Majeure or otherwise. There is no refund/credit note issued for arriving late or leaving a trip early. This is why trip insurance is SO important - you can purchase “cancel for any reason” trip insurance for full coverage (see below).
Transfer Policy. You may not transfer your reservation from one retreat to another.
Retreat Participation and Cancellations. FAB reserves the right to make any changes deemed necessary in their sole discretion; including, but not limited to: arranged transportation, advertised meals, instructors etc. In the rare case of FAB cancelling the retreat, FAB will offer a full refund of your payment. FAB is not responsible for any expenses or damages incurred as a result of retreat cancellation including without limitation preparation costs, airline tickets, travel documents or other expenses. FAB reserves the right to cancel any retreat up to 21 days prior to proposed start date in the event that there are too few people booked, in which case you will be given a full refund of any and all payments made to FAB. You will not be entitled to claim from FAB any additional amounts or seek any compensation for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation (including but not limited to visa, passport and vaccination charges, or departure, gear purchases, airport and airline taxes).
For the benefit of everyone on your FAB retreat, FAB reserves the right to accept or reject any participant at any time without liability, and in the event it determines, in its sole and exclusive discretion, that a participant is disruptive to the harmony of the retreat, it may, without any obligation to pay a refund or any other amount whatsoever, expel such participant from the retreat. This includes but is not limited to aggressive, dangerous or disrespectful behavior toward any other member of the retreat, any FAB instructor, employee, officer, director or agent.
Any participant found to be under the influence to the point of impairment of drugs or alcohol will be asked to sit out that day’s session. Repeated attendance in an impaired condition will result in expulsion from the remainder of the retreat.
Retreat participants can leave a retreat at any time. FAB will carry no responsibility or liability for any participant who leaves the retreat prior to its conclusion or for any activity undertaken by any participant which is not included on the retreat itinerary. By agreeing to the terms outlined here and in the FAQ and retreat page elsewhere on the FAB website I hereby release and discharge my rights and claims for damages or liabilities that may occur as a result of participation on this FAB retreat.
TRIP INSURANCE & DOCUMENTS
Trip Insurance. Retreat participants are required to purchase individual trip insurance for FAB Baking Retreats. We can recommend Allianz insurance but this is not an endorsement of Allianz and FAB has no relationship with Allianz. You are welcome to use whichever travel insurer you choose as long as the policy covers all trip expenses and eventualities.
Residents from outside the U.S. should check within your country for insurance coverage. Please contact us for more information or questions on purchasing travel insurance. FAB will not be held responsible for any delay, additional expense or inconvenience that may be caused directly or indirectly by events outside of our control (ie: late arrival/departure of flights, civil disturbance, fire, flood, cyclones, hurricanes, severe weather, acts of God, and acts of government, machinery or equipment failure, Force Majeure or cancellations for any reason.) No refunds will be given for “no shows” or days not used resulting from the above aforementioned.
Travel Documents and Immunizations. It is the responsibility of each traveler to obtain all required travel documents, including visas, unless otherwise noted. It is your responsibility to purchase necessary immunizations. Please contact your nearest travel clinic for the latest requirements. Please contact us with any questions regarding required documents for a specific retreat. Make sure your passport is up to date if you are traveling from outside the United States!
ACKNOWLEDGEMENT
Assumption of Risk. I acknowledge that I have voluntarily enrolled to participate in this FAB retreat. In consideration of FAB allowing me to participate in this FAB retreat, I agree to this release of claims, waiver of liability and assumption of risks. On behalf of myself, my heirs, executors, successors, administrators and any other person who may have an interest at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now or in the future. I release from liability FAB and any teachers, employees (“the releasees”) for any personal injury, death, property damage or loss or any nature suffered by me as a result of participation in any activity on the retreat. I release from liability FAB for any cause whatsoever including those arising out of, or in any way connected to or occasioned by the negligence of the releasees.
I, the undersigned hereby release FAB, their principals, teachers, agents and employees from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. If I am signing on behalf of an accompanied minor child, I also give full permission for any person connected with the hosting organization to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
In no event will FAB, its officers, directors, employees, or agents, be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages arising out of the retreat, whether the damages are foreseeable and whether or not FAB has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
Indemnification. The participant recognizes that there is risk involved in the types of activities offered. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce these Terms, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless FAB and the hosting organization, their principals, agents and employees from liability for any claims that may arise from (a) my negligent or intentional act or omission while participating in the retreat or retreat-related activities; (b) my violation of these Terms; or (c) my violation of any third-party right in connection with the retreat..
ALLERGEN ENVIRONMENT
Food Allergies and Allergies Notification, Acknowledgement, and Release of Liability. An environment free of allergens, including but not limited to food allergens, CANNOT be guaranteed on the FAB retreat. Therefore, the released parties cannot guarantee that any particular food product is free of all traces of any particular allergen, that consumption of a food product will not result in some form of allergic reaction, or that the participant will not come into contact with any allergens while in attendance on the FAB retreat. The undersigned acknowledges and agrees that i) she/he is aware of such risks and that participation in the event will expose the participant to food, activities and persons that may result in exposure to allergens and injury and, in that regard and assuming such risks, the undersigned hereby fully releases and discharges the Released Parties from any and all liability and/or responsibility to the participant, the undersigned, or any third party for death and/or injuries to the participant, and/or any direct, indirect, punitive, incidental, or any damages that arise out of or relate to participant’s participation in the FAB retreat and/or exposure to food allergens.
USE OF YOUR NAME AND LIKENESS
Permission for Capture and Use. “Media” is defined as photography, video, written or verbal testimonial, or any other form of capturing likeness. For valuable consideration received, I grant to FAB the absolute and irrevocable right and unrestricted permission concerning any captured media that she/he has taken or may take of me or in which I may be included with others, (a) to use, copy, modify, distribute, display, perform, publish, and republish in whole or in part, individually or in connection with other material, in any and all publishing platforms now or hereafter known, including the Internet, and for any purpose whatsoever, including without limitation illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and (b) to use my name in connection with any such uses. I release and discharge FAB from any and all claims and demands that may arise out of or in connection with the use of the media, including without limitation any and all claims for libel or violation of any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of FAB and any photographer, videographer, interviewer, editor, and all other the person(s) capturing media at the direction of FAB. This release shall be binding upon me and my heirs, legal representatives, and assigns.
WAIVER
Release and Waiver of Liability. As consideration for being permitted by FAB to participate in retreat activities, I hereby agree that I, my assignees, heirs, distributees, guardians, and legal representatives will not make a claim against, sue or attach the property of FAB, their affiliates, teachers, employees, agents or volunteers or any of their affiliated organizations for injury or damage resulting from acts, howsoever caused, by any employee, agent, or contractor, or any of their affiliated organizations, as a result of my participation in the FAB retreat. I hereby release FAB, and any of their agents or affiliated organizations from all actions, claims or demands that I, my assigns, heirs, distributees, guardians, and legal representatives now have or may hereafter have for injury, damage, or death resulting from my participation in the FAB retreat.
DISPUTE RESOLUTION AND ARBITRATION
You and FAB agree that any dispute, claim, or controversy between you and FAB arising in connection with or relating in any way to these Terms or to your relationship with FAB as a retreat participant (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these terms) will be determined by mandatory binding individual (not class) arbitration. You and FAB further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Clause or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration.
Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and FAB will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and FAB agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision herein). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at +1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other by electronic mail ("Notice"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or FAB may commence an arbitration proceeding.
If this Arbitration Clause is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described immediately below shall govern any claim in court arising out of or related to these Terms.
GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. Any claim or dispute between you and FAB that arises in whole or in part from the retreat or activities described in these Terms shall be decided exclusively by a court of competent jurisdiction located in Brevard County, Florida.
Other than as explicitly agreed upon in writing between you and FAB, these Terms constitute all the terms and conditions agreed upon between you and FAB regarding the retreat, and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. Unless as otherwise stated here, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by law.
QUESTIONS? If you have any questions regarding our policies, please contact FAB via email at info@fabbaker.com
Please see the FAQ’s section on our Retreat page for more information.