Terms and Conditions for Leopard’s Leap Wines (Pty) Limited
IN the EVENT THAT THE CONSUMER PROTECTION ACT, ACT NO 68 OF 2008 (“CPA”)
IS APPLICABLE TO THIS AGREEMENT THE following NOTICE APPLIES:
CONSUMER PROTECTION ACT NOTICE
In complying with the CPA, certain portions of the Agreement have been printed in bold. The reason for this is to draw the Participant’s attention to these clauses specifically as they either:
· limit in some way the risk or liability of Leopard’s Leap Family VineyardsWines Proprietary Limited (hereinafter “Leopard’s Leap”) or any other person;
· constitute an assumption of risk or liability by the Participant;
· impose an obligation on the Participant to indemnify Leopard’s Leap or any other person for some cause; or
· are an acknowledgement of a fact by the Participant.
Kindly ensure that before the signing of this Agreement that you as the Participant have had adequate opportunity to understand these terms. If you do not understand these terms or if you do not appreciate their effect, please ask for an explanation and do not sign the Agreement until the terms have been explained to your satisfaction.
By making a booking at Leopard’s Leap it is understood that these Terms and Conditions are understood and accepted by all participants, and that the booking agent or organiser of the group has explained these terms and conditions to all participants.
Nothing in this policy will affect the customer’s statutory entitlements under sale of goods and supply of services legislation, including the CPA.
We welcome suggestions for classes, and we are also able to tailor-make classes to suit clients’ individual needs (at an additional cost).
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2. Class schedules
Leopard’s Leap reserves the right, under unavoidable circumstances, to alter the timing or content of any class or of the curriculum and to substitute any teacher or instructor or to cancel a course at any time.
Leopard’s Leap does not guarantee the availability of any of the classes wheresoever advertised or promoted.
We reserve the right to cancel or postpone classes with full reimbursement if the class does not meet the minimum enrollment size.
Classes will always take place as scheduled unless prevented by delays caused by force majeure (howsoever defined).
If a class is prevented from taking place on the day scheduled by any of the above reasons an alternative class will be offered, a credit to a future class, or the payment refunded in full.
3. Provisional bookings
Provisional bookings can be made for any cooking course, which booking will be held for 72 hours on a provisional basis before the places are released if not confirmed and paid for.
We regret that we are unable to take provisional bookings for a class fewer than 10 days before the scheduled commencement of a class or course.
4. Cancellation policy
The Participant acknowledges that the cooking classes and/or course provided in terms of this Agreement constitutes special order goods for the purposes of the CPA and as such are not subject to the provisions of Section 17 of the CPA.
Cancellations of confirmed bookings prior to a scheduled class:
· more than 7 days – subject to a R100 administration fee;
· between 3-7 days – 50% cancellation fee will be charged;
· 3 days or fewer hours and no-shows – full amount paid will be forfeited.
This cancellation policy stands for all bookings being cancelled, even if transferring to another date.
If you are unable to attend at the last minute due to illness or other unforeseen circumstances, your place can be transferred to another person of your choice, but not to another date.
No refunds will be given after the scheduled start of a class or first class where the first class is part of a series of classes.
There are no make up classes for missed classes.
However, all recipes will be available for all fully paid bookings.
5. Rates and Payments
Prices are as published on our website and will be confirmed to you at the time of payment in full for a booking .We reserve the right to change prices at any time prior to full payment of a booking.
When renting the entire kitchen a R5 000 deposit will be required as security for Leopard’s Leap equipment being lost or damaged. It is Leopard’s Leap’s sole right to determine the amount of any damage or losses.
Separate drink accounts need to be settled at the end of the class.
For general information: Please see our website for exact scheduled times, as times are subject to change.
Class times shown on our web site are subject to change. Specific class times are as stated in the confirmation of your booking. Classes generally run for approximately 3-3½ hours, including eating the prepared meal at the end of the class.
Hands-on cooking classes have to be finished by 22h00 with the last guest departing by 23h00. Every hour after that will be charged at R2 000 per hour, which needs to be settled upon departure.
We offer corporate and special events classes at times convenient for our clients.
7. Dietary requirements and allergies
Where possible, our chefs will accommodate dietary requests if they are given a minimum notice of 7 days prior to the scheduled class date. Leopard’s Leap does not otherwise cater for individual dietary requirements, whether for health or religious reasons or otherwise, beyond what is denoted on the class schedule, and is unable to provide alternatives or substitute ingredients for participants with special dietary needs. Leopard’s Leap does not hold any religious food or preparation certifications other than those related to normal health and safety.
We are unable to guarantee that our classes, classrooms, dining rooms, tasting areas or kitchens are suitable for food allergy sufferers. Food prepared both on and off site may contain traces of nuts.
Allergies are the responsibility of the individual customer and not of Leopard’s Leap.
Leopard’s Leap is not liable for any allergies, illness or reactions including leading to death from any food served at any time in our premises or any allergic reaction suffered.
8. Alcohol policy – we ask you to respect our staff when enforcing this policy and all legal requirements
Alcohol for consumption on-site must be consumed only in the designated areas. Alcohol can only be consumed on the premises and in such areas in our grounds as are designated to be available for the consumption of alcohol.
If you appear under 21, we will ask for relevant photo ID before serving wine. We advise anyone 21 or younger to bring appropriate ID on the first day of the class.
Wine will only be served to individuals aged 18 or older. It is an offence for anyone to provide alcohol to any person aged under 18 or for an adult to secure alcohol on such under aged person’s behalf.
The consumption of alcoholic beverages is not permitted before or during practical cooking classes.
Alcohol is only to be consumed as part of the sit-down meal at the conclusion of cooking. Wine should not be taken from the dining room to the kitchen.
Cooking classes includes tasting portions (as determined by Leopard’s Leap) of wine with each course. Please note that this offer is not for unlimited amounts of wine, but for tasting portions.
All wine will be removed from the table at the end of each class.
We allow a 30-minute “drinking up time” from the end of the classtime period for t=wine to be consumed from the end of the class.
Leopard’s Leap takes no responsibility in any event for any person attending a class becoming intoxicated, driving a vehicle over the statutory limits, or for loss of a driver’s licence.
For the safety of the individual and others, persons deemed by our staff (in their sole discretion) to be intoxicated will not be allowed to participate in a class or asked to leave a class, or refused alcohol.
All cooking participants are asked to refrain from consuming alcohol prior to the class, or bringing drinks in to our premises from other establishments.
We offer water and tea and coffee. Special requests for other drinks can be arranged for private bookings.
Any participants disregarding these stipulations relating to alcohol will be asked to terminate their participation in the class immediately, and be removed from the complex if necessary.
No compensation will be made to anyone being asked to terminate their participation in a class or where such person(s) is/are removed from Leopard Leap’s premises.
9. Ingredients, Notes, and Food Consumption
We supply all ingredients, extensive notes and the use of aprons.
At the end of the class, clients are invited to sit down and enjoy the food they have prepared, an ideal way of interacting with each other.
We recommend our general hands-on classes for minors 16 years of age and older.
Guests aged under 18 must be accompanied by a responsible adult, or we will be unable to provide tuition.
Due to the nature of cooking classes and the hazards associated with cooking, such as counter top heights, sharp knives and gas, we are unfortunately unable to accommodate children under 16 years of age, unless prior written arrangements have been made with Leopard’s Leap and a responsible adult accompanies them and assumes full responsibility for the children under their supervision.
We offer classes in the demonstration area for children between the ages of 7 and 16. We do not admit children younger than 7 years of age.
Please also note that we do not have baby-sitting facilities.
Minors can only be accepted at Leopard’s Leap once a child enrolment form has been completed and signed by a parent or guardian and sent to us.
11. Social enjoyment
The object of the cooking classes is to learn cooking skills in a fun environment, and the emphasis is on hands-on food preparation and cooking, having fun and socialising.
To ensure that our instructors have control, we are unable to accommodate individuals who are rowdy and unruly as this inevitably leads to a breakdown of the class creating an unpleasant environment for the rest of the group. We will look to the organiser of the group to make this clear to all participants and to control the group.
We reserve the right to terminate the class prematurely should the group or any member of the group become unruly and we will not consider any refunds or pay any compensation. The booking agent or organiser of the group will be held liable for costs arising from damages caused to property and equipment due to negligence on the part of unruly individuals.
If any student is considered by Leopard’s Leap to be unsuitable for any reason, the student may be required to leave, either immediately or within a specified time.
12. Personal Property
Although every precaution has been taken to ensure the safety of participants and their respective belongings and vehicles, Leopard’s Leap and its staff cannot be held responsible for any injuries or other mishaps that may occur while on the premises, or for losses or damages to persons and/or property of any nature and howsoever caused.
Leopard’s Leap accepts no responsibility for lost property whatsoever. If any property has been left behind and found by a member of our staff, we advise you to organise a suitable courier to collect your goods at a convenient time. Any lost property which has not been claimed in 7 days will be given to charity.
Every participant undertakes to sign the standard form of Leopard’s Leap indemnity form.
13. Dress Code
At hands-on classes, we suggest that participants come comfortably dressed, preferably with flat closed gym shoes, as leather soles are inclined to slip.
Students are required to tie back loose or long hair.
As a matter of health and safety, we require that all participants wear closed shoes, preferably leather (excluding leather soled shoes), and no loose articles of clothing. Individuals wearing shorts, thongs, open-toed shoes, sandals or high heals will not be allowed to participate in a class
In the case of an emergency, where it is impracticable to communicate with a person authorised to give medical instructions, the staff are authorised to arrange for a participant/child/ward to receive such medical or surgical treatment as may be deemed necessary.
The participant undertakes to pay or reimburse all costs, charges, fees and expenses which are or may be incurred for medical attention, ambulance transport and medication while the participant or his/her child/ward is enrolled with the programme.
15. Third party services
The suppliers providing transportation, sightseeing arrangements, tours and/or arrangements for attendance at Leopard’s Leap (“Suppliers”) are independent contractors and are not agents, affiliates, representatives or employees of Leopard’s Leap, or any of its subsidiaries, related companies or parents (“Affiliates”). Leopard’s Leap has no ownership interest in any Supplier. Any use of the Leopard’s Leap name by any Supplier is for identification purposes only and does not constitute ownership, agency, supervision or control by Leopard’s Leap.
All documentation, receipts and tickets are issued subject to the terms and conditions specified by the Supplier(s).
By utilising the services of Suppliers, you agree that neither Leopard’s Leap nor its Affiliates shall be liable for (i) any accident, loss, injury or damage to you or to those traveling with you, including, but not limited to, defects in vehicles, equipment malfunction, strikes, theft, delays, weather conditions, cancellation or changes in itineraries or schedules, or (ii) loss or damage to property or injury to persons caused by reason of any act or omission, intentional, negligent or otherwise by such Suppliers.
Leopard’s Leap makes no implied or express warranties in any offering described in Supplier materials.
I/We hereby agree to the above Terms and Conditions:
SIGNATURE OF LEGAL GUARDIAN (if applicable):
VOLUNTARY ASSUMPTION OF RISK AND INDEMNITY
NOTICE: There are risks of harm when participating in kitchen activities or being present in a kitchen. Please read this document carefully as it contains provisions that limit the liability and responsibility of Leopard’s Leap Family Vineyards (Proprietary) Limited. Please also consult your legal advisor prior to signing this document.
I, the undersigned, hereby confirm that I and any person under my control or guardianship fully understand the risks and dangers involved in participating in the cooking and food preparation classes and demonstrations, as well as the culinary experience of food presented and conducted by Leopard’s Leap Wines Proprietary Limited (“Leopard’s Leap”) at its cooking school conducted from premises situated at R45, Main Road, Franschhoek (“School”), including without limitation, the sustaining of burns, allergic reactions, cuts and other injuries and afflictions of any nature whatsoever and whether at or near such premises whether foreseen or unforeseen, resulting from participation in cooking classes at the School and/or the personal preparation and cooking of meals for my/our consumption and/or from any other activities similar or incidental thereto. I furthermore confirm that, after duly considering the implications of the aforementioned and other potential risks and dangers, I have made an informed decision to accept and assent to such potential risks and dangers, all of which I fully understand.
I hereby irrevocably agree that the School and all its employees, sub-contractors, agents or helpers and other associated parties thereof (collectively, “Representatives”) shall not be liable to me, my estate or dependants for any loss or damage of any nature whatsoever sustained as a result of my death, injury or illness or for any loss or damage to any property occurring within or arising from my visit to the School and/or participation in any cooking and/or related activity in the School, however caused, and/or arising from the use of any liquid, foodstuff or facilities supplied or from any defect in any equipment, products or services supplied or made available or arising in any other manner and from any other cause whatsoever and to the extent that such death, injury, illness, loss or damage to any property is not attributed to School’s willful or grossly negligent conduct.
I hereby indemnify and hold blameless, and undertake to save Leopard’s Leap, the School and its Representatives harmless and any person acting for, through or on its or their behalf from any and all of the aforementioned claims and any damages, expenses, losses and/or costs whatsoever in respect thereof to the maximum extent, limited only as stated in applicable legislation.
I confirm that by signing this document I am waiving and/or restricting my right to claim any compensation and/or any damages from Leopard’s Leap, the School and the Representatives to the maximum extent permitted by law or applicable legislation. I also confirm that I have had time to review this document and been offered time to obtain legal advice prior to signing this document.
This agreement shall be governed by the laws of the Republic of South Africa and subject to the exclusive jurisdiction of the High Court of the Republic of South Africa, Western Cape Division.
SIGNATURE OF LEGAL GUARDIAN (if applicable):
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