Terms and Conditions Applicable to In-Home Dinner Party Hosts

Applicability

These terms and conditions (these “Terms”) apply upon agreeing to host an In-Home Dinner Party or other in-home fundraising event connection with the Celebrate Jacques 90/90 campaign through (an “In-Home Dinner Party”) https://www.celebratejacques.org/ (the “Site”). These Terms are subject to change by The Jacques Pépin Foundation (the “JPF”) without prior written notice at any time, in JPF’s sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

BY AGREEING TO HOST AN IN-HOME DINNER PARTY AND ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ACCEPT THESE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU ARE HOSTING AN IN-HOME DINNER PARTY ON BEHALF OF AN ORGANIZATION, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION TO THESE TERMS.

Hosting Acceptance

You agree that your agreement to host an In-Home Dinner Party, under these Terms, is for the benefit of JPF’s charitable mission. All hosting requests must be accepted by JPF. JPF may choose not to accept hosting requests at any time in its sole discretion.

Charitable Donations; Donations on Behalf of Third Parties

All charitable donations received in connection with, arising out of, or relating to an In-Home Dinner Party hosted by you shall be transferred to JPF by wire transfer of immediately available funds or other payment method as agreed by JPF within five (5) business days after the conclusion of the In-Home Dinner Party. By accepting these terms, you acknowledge and agree that you are not entitled to any compensation, reimbursement or other monetary benefit in connection with any In-Home Dinner Party.

Notwithstanding anything herein to the contrary, you may solicit additional donations on behalf of any third-party bona fide non-profit organization in connection with any In-Home Dinner Party upon advance written consent of JPF. Any intended disbursement of such donations received on behalf of any third-party bona fide non-profit organization must be approved by JPF in writing prior effecting such disbursement.

Intellectual Property

JPF or its affiliates own all rights, title, and interest in any intellectual property relating to JPF, the Jacques Pépin Foundation, the 90/90 Celebration, and any affiliated brand or brand name, including, but not limited to, any patent, copyright or trademark, whether or not registered, any trade secrets, any confidential information, and any other proprietary information (collectively, “JPF IP”). By agreeing to these Terms, you acknowledge and agree that neither these Terms, nor the JPFs acceptance of your request to host an In-Home Dinner Party do not grant you any ownership interest in any JPF IP. Notwithstanding the foregoing, JPF hereby grants you a limited, nonexclusive, royalty-free, non-sublicensable, revocable license to use JPF IP exclusively in connection with the In-Home Dinner Party.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL JPF, ITS AFFILIATES, AND THEIR DIRECTORS, EMPLOYEES, OFFICERS, CONSULTANTS, ADVISERS OR SIMILAR PERSONS BE LIABLE TO YOU, OR ANY THIRD PARTY, INCLUDING ANY OCCUPANTS, OR GUESTS FOR ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH THE IN-HOME DINNER PARTY.

YOU SHALL BE SOLEY RESPONSIBLE FOR ANY DAMAGES OR LOSSES RELATING TO THE IN-HOME DINNER PARTY HOSTED BY YOU AND YOU RELEASE THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO THE IN-HOME DINNER PARTY AND THE MATERIALS FURNISHED IN RELATION THERETO. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Governing Law

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Rhode Island.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without JPF’s prior written consent. Any purported assignment or delegation in violation of this Section 7 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by JPF to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of JPF.

Severability

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement

These Terms, JPF’s Website Terms of Use, and JPF’s Privacy Policy will be deemed the final and integrated agreement between you and JPF on the matters contained in these Terms. JPF’s Privacy Policy (https://www.celebratejacques.org/privacy-policy/) governs the processing of all personal data collected from you in connection with your purchase of an In-Home Dinner Party through the Site.