Terms of Services
Effective Date: 23 June 2025
1. About These Terms
1.1 These Terms of Service (the “Terms”) form a binding contract between you and Pâtisserie Mon Amour LLC (“PMA,” “we,” “us”). They govern (a) your access to www.patisseriemonamour.com (the “Site”) and (b) your participation in any in-person or online baking classes, demonstrations, or related events we facilitate (collectively, the “Services”).
1.2 By creating an account, booking a Service, or attending one, you confirm that you have read, understood, and agree to be bound by these Terms and by our separate Liability Waiver (the “Waiver”). If these documents conflict, the Waiver prevails.
1.3 We may revise the Terms at any time. The “Effective Date” above will change when we do so. Continuing to use the Site or attend a Service after the Effective Date constitutes acceptance of the revised Terms.
2. Definitions
“Platform” – the digital marketplace and scheduling/payment tools we operate under the PMA brand.
“Services” – classes, masterclasses, one-on-one coaching sessions, and related content made available via the Platform.
“Instructor” – an independent contractor who provides Services through the Platform. Instructors are not PMA employees, agents, or representatives.
“Participant” – any natural person who books or attends a Service.
“User” – both Participants and Instructors.
“Content” – recipes, photos, videos, text, graphics, class materials, ingredient lists, reviews, and other material posted on the Site or created during a Service.
3. Eligibility, Accounts & Acceptable Use
3.1 You must be at least 18 years old—16 with verifiable parental consent—to create an account or book a Service.
3.2 You agree to provide accurate information, keep your login credentials confidential, and accept responsibility for all activity under your account.
3.3 Acceptable-Use Rules. You must not:
Deploy any automated data-collection tools—such as crawlers, bots, data-miners, or screen-scraping scripts—without our prior written consent;
Transmit viruses, malware, or any code of a destructive nature;
Upload or post unlawful, defamatory, obscene, or infringing material;
Interfere with or disrupt the Site or servers;
Circumvent security or access-control measures; or
Use the Site for fraudulent or illegal purposes.
3.4 We may suspend or terminate your account, bookings, or Site access—without notice—if you violate these Terms or applicable law.
4. Nature of the Platform — PMA Is a Facilitator
4.1 PMA’s role is limited to facilitating scheduling, payment, and communication between Participants and Instructors.
4.2 Instructors operate independently, supply their own curricula and materials, and bear sole responsibility for the quality, safety, and outcome of their Services.
4.3 PMA does not supervise, direct, or control Instructors; we are not liable for their acts or omissions.
5. Intellectual Property & User-Generated Content
5.1 All PMA-provided Content—including recipes, techniques, recordings, photos, and videos—is owned by PMA or its licensors and protected by U.S. and international IP laws.
5.2 You receive a limited, non-exclusive, non-transferable license to use PMA Content solely for personal, non-commercial use.
5.3 You may not publish, distribute, resell, or claim ownership of any recipe, adaptation, or recording without our prior written consent.
5.4 User Submissions & Reviews. If you post reviews, photos, comments, or other content on the Site, you grant PMA a perpetual, worldwide, royalty-free license to use, reproduce, publicly display, modify, and distribute that content—for marketing or business purposes. You represent that you own or have rights to such content.
5.5 External Links. The Site may link to third-party websites. PMA is not responsible for the content, accuracy, or security of those sites; access them at your own risk.
6. Participant Responsibilities
6.0 Pre-Booking Dietary Notice
Before you reserve any Service, you must contact Pâtisserie Mon Amour at contact@patisseriemonamour.com to discuss any allergies, intolerances, or special dietary needs. Because our recipes and ingredient lists are prepared well in advance, we cannot change ingredients after booking. You must confirm with us whether we can accommodate your dietary requirements prior to booking.
Example: Macarons are made with almond flour, and this ingredient cannot be substituted.
6.1 Equipment & Ingredients
You must have the ingredients and kitchen equipment listed in the pre-class checklist. PMA is not liable for failures due to missing or faulty equipment/ingredients.
6.2 Supervision of Minors & Guests
You are responsible for the safety and behavior of any minor or guest present during a Service—on-site or at home.
6.3 Safe Environment (Online)
Ensure your kitchen or workspace meets basic safety and hygiene standards.
6.4 Personal Responsibility
You assume responsibility for any injury or property damage suffered by yourself, other Participants, or third parties present in your environment.
7. Safety, Injuries & Use of Materials
7.1 Culinary activities involve inherent risks (e.g., sharp knives, hot surfaces, raw ingredients). You voluntarily assume all such risks.
7.2 Follow all safety instructions from the Instructor. PMA or the Instructor may remove you without refund if you endanger yourself or others.
7.3 PMA provides shared equipment for in-person Services; you are liable for damage caused by misuse.
7.4 PMA is not liable for technical failures (internet outages, device malfunctions).
7.5 PMA and Instructors are not responsible for defective equipment—studio or home—nor for delays, absences, or late arrivals.
8. Waiver of Liability (Priority Document)
8.1 You must sign the Waiver before any Service. The Waiver releases PMA, its owners, employees, and Instructors from liability for ordinary negligence and certain other claims.
8.2 If any provision of these Terms conflicts with the Waiver, the Waiver controls.
9. Indemnification
9.1 Participant Indemnity. You agree to indemnify, defend, and hold harmless PMA, its Instructors, affiliates, and venues from any claim, damage, loss, or expense (including attorneys’ fees) arising out of your breach of these Terms or the Waiver, your conduct during a Service, or injury or damage you cause.
9.2 Instructor Indemnity. Each Instructor agrees to indemnify, defend, and hold harmless PMA from claims arising out of that Instructor’s Services or conduct.
10. Booking, Cancellation & Refund Policy
10.1 Non-Refundable. All bookings are final.
10.2 Late Arrival & No-Show. Arrival more than 15 minutes late is a no-show; no refund, credit, or reschedule. Services are not extended.
11. Service Operations, Venue & Participant Conduct
11.1 Instructor Absence or Delay. PMA may substitute an Instructor or reschedule a Service if the assigned Instructor is unavailable. Our sole liability is to offer a new date or credit; no cash refunds.
11.2 Venue Condition & Hygiene. In-person Services may be held in third-party kitchens. PMA disclaims liability for venue condition, hygiene, accessibility, safety, or hygiene practices of other Participants.
11.3 Online Connectivity. You are responsible for reliable internet and compatible devices. No refund for connectivity failures.
11.4 Respectful Behavior. Harassment, discrimination, or disruptive conduct leads to removal without refund.
11.5 Filming & Recordings. Some Services may be recorded; by participating, you consent to such recordings.
11.6 External Delays. PMA is not responsible for missed time or content due to participant, instructor, or third-party delays.
12. Ingredients & Supplies
12.1 Ingredient Lists. We provide a list of required ingredients in advance. Instructors may substitute items for seasonal or supply reasons but cannot accommodate last-minute requests.
12.2 Optional Ingredient Kits. PMA may offer pre-assembled ingredient kits; additional terms and shipping fees apply.
12.3 Kitchen Equipment. You must provide your own tools; PMA is not responsible for missing or malfunctioning equipment.
13. State-Specific Rights (U.S.)
Certain state consumer laws—such as California, Colorado, Florida, Illinois, New York, Texas—may confer additional rights. A summary is available at www.patisseriemonamour.com/legal/state-rights and is incorporated by reference.
14. Limitation of Liability
14.1 Liability Cap. PMA’s total liability for any claim is limited to the amount you paid for that Service, to the maximum extent permitted by law.
14.2 PMA is not liable for indirect, incidental, special, punitive, or consequential damages (including lost profits), even if advised of the possibility.
14.3 Nothing limits liability for gross negligence, intentional misconduct, or non-waivable injuries.
15. Dispute Resolution & Arbitration
15.1 Mandatory Arbitration. Disputes go to binding arbitration by AAA under Consumer Arbitration Rules.
15.2 Seat & Venue. Arbitration in Seattle, Washington, or virtually.
15.3 Class-Action Waiver. Individual claims only; class actions prohibited.
15.4 Federal Arbitration Act governs this section.
16. Amendments
We may modify the Site, Services, or these Terms at any time. Updated Terms become effective on the “Effective Date” shown above. Continued use or attendance constitutes acceptance.
17. Entire Agreement & Severability
These Terms, the Waiver, and referenced policies constitute the entire agreement. If any provision is unenforceable, remaining provisions remain in force.
18. Contact Us
Questions or legal notices? Email contact@patisseriemonamour.com.
© Pâtisserie Mon Amour LLC. All rights reserved.