Terms of Service
Effective Date: January 1, 2019
Terms and Conditions
1. Event Waiver and Release
In consideration of my being allowed to participate in the the Annual Soup Cook Off events (“Soup Cookoff”), I agree that I will not hold the Soup Cook Off, LLC, AKT Foundation, Inc, The Best Western Premier, the Radisson Hotel or any of their officers, volunteers, employees, or agents (“Organizers”) responsible for any injuries or losses I might incur while participating in the Soup Cook Off or any other events that I register for and compete in. I am aware that this activity involves risks, including but not limited to: the dangers of fire, skin or mouth burns, eating hot peppers, colliding with fixed or moving people or objects, the dangers of surface hazards, inadequate safety or other equipment, or adverse weather conditions, and the risks inherent in any athletic activity or competition. I agree that it is my responsibility to ask for an ingredients list and avoid any foods I am knowingly allergic to. For myself, my heirs, executors, administrators, legal representatives, assignees, and successors in interest, I hereby release the Organizers from any and all claims, liabilities, demands, damages, lawsuits, and other causes of action arising from my participation in the Soup Cook Off or any other events that I register for and compete in, even those arising from the negligence of the Organizers. I also agree to indemnify the Organizers, AKT Foundation, Best Western Premier and the Radisson for any damage or harm I may cause another based on my participation in the Soup Cook Off or any other events that I register for and compete in. I have consulted with my health care provider and represent that I am fit to participate in the Soup Cook Off. In the event of an illness, injury, or medical emergency, I authorize the Organizers to provide or secure any treatment or transport deemed reasonably necessary for my immediate care. Furthermore, I agree that I will be responsible for the costs of any and all such care and transport. I grant the Organizers permission to use my photograph, picture, likeness, or voice in any media format whatsoever, and for any purpose whatsoever, including commercial advertising, and waive any compensation for such use. I have read and agree to abide by all rules of the Soup Cook Off and understand I may be removed from the event property for violation of the rules. If I am signing this WAIVER AND RELEASE OF LIABILITY on behalf of my child or ward, I authorize my child or ward to participate in the Soup Cook Off, and make the representations contained herein on behalf of my child or ward. I also agree to indemnify for and release liability on behalf of my child or ward as set forth herein. This WAIVER AND RELEASE OF LIABILITY may not be modified orally. Terms of this WAIVER AND RELEASE OF LIABILITY are severable; if any one or more of them is found to be unenforceable or invalid by a court of competent jurisdiction that shall not affect the other terms, which shall remain binding and enforceable. Representations I have made in this WAIVER AND RELEASE OF LIABILITY are contractually binding on me, my heirs, executors, administrators, legal representatives, assignees, and successors in interest. I understand that the Organizers are relying on the representations made herein. I Agree with the above waiver and release of liability.
2. Terms and Conditions
The following terminology applies to these Terms and Conditions,Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing State Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Confidentiality Client records are regarded as confidential and therefore will not be divulged to any third party, other than what is legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
3. Disclaimer
Exclusions and Limitations The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
4. Payment
PayPal and Stripe are our Online Payment processing center. Payments can be made by using a register a major credit card or PayPal account or by Paying as a “Guest”. “Guest” can pay with all major credit cards through Stripe or our PayPal payment processing. At times we may use third party website widgets for our event checkout and payment processing. Our Terms are payment in full. All goods remain the property of the Company until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $5000.00. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy: Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $5 charge to cover any subsequent administrative expenses.
5. Availability
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
6. Log Files
Log Files We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies
Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
7. Copyright Notice
Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
Communication We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. This company is registered in Harrisburg, PA, 17109. Soup Cook Off, LLC
8. Waiver
Waiver Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. Upon registration from Companies website is an binding agreement to the events waiver.
Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
9. General
General The laws of the United States and the Commonwealth of Pennsylvania respectfully govern these terms and conditions. By accessing this website (and using our services/buying our products) you consent to these terms and conditions and to the exclusive jurisdiction of the Pennsylvania courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
