Stretchy Pants Terms of Service

 

Hi, welcome to the Stretchy Revolution!  These terms of service (“Terms”) contain important legal obligations and we encourage you to read through them carefully. Unless otherwise stated, any purchases made or experiences booked through our Website (as defined below), our distributors (including without limitation, Airbnb, TripAdvisor, Viator), and our affiliates, and any uses of our Website are subject to these Terms.  IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE WEBSITE OR OUR SERVICES.

  1. These Terms

All bookings, whether through the Website or otherwise, are made with Stretchy Pants LLC (“Stretchy,” “us” or “we”). By making a booking or using the Website, the customer (that’s “you”) are deemed to have agreed to these Terms on behalf of yourself and all individuals included in your booking. We will provide the services described in the booking you choose, as reflected in the confirmation email.  Stretchy reserves the right to amend these Terms at any time and for any reason, and such changes will be amended on the date we publish the updated Terms on our website, www.stretchypantsneeded.com (the “Website”).  We will make reasonable efforts to notify you of material changes to these Terms.  These Terms expressly supersede any previous terms and conditions for the Website or Stretchy experiences.

  1. Pricing and payments

                     A. Price changes The prices appearing on our Website represent our current rates, and can change without notice.  Once you have booked a tour or class, you will not be required to pay any difference in the event of a price increase.  Stretchy will not refund the balance of any price reduction or special sale after you have booked your tour or class.

                     B. Per person rates All prices listed are on a per-customer basis, unless we state otherwise.  Reach out to us if you have a large group!

                     C. What is included in the price? Services included in the ticket price are as described on our Website.  All other goods and services are excluded.  Specifically, our listed prices do not include:

                           i. Tips or gratuity If your guide or chef instructor is awesome (and they are!) and you had fun, we encourage you to tip them at the end of your experience.  While it may not be customary to you, it is of great significance to our guides and instructors and a good indicator of how much you enjoyed the experience.  Please consider this when budgeting for your classes or tours.

                           ii. Additional food or drinks Each tour includes the number of snacks and/or drinks described on the Website, which your guide will order for you.  Similarly, we will bring all of the materials needed to create the dishes and drinks described for your cooking class.  If you’re craving something extra, go for it, but we aren’t picking up the check.

                          iii. Travel insurance If you are joining a Stretchy tour from out of town, we highly recommend that you obtain travel insurance.  When you book your tour or class through our Website or over the phone with us, we will offer travel insurance for an additional fee, which would permit you to cancel or reschedule your tour in certain circumstances.  If you wish to purchase Stretchy’s travel insurance, please check the box indicating that you are willing to pay the extra fee for such insurance.  Other third-party vendors may also offer travel insurance, on different or additional terms.  You may decline all travel insurance, but note that such bookings are non-cancelable and non-refundable.  If you decline travel insurance but need to reschedule your tour, please give us a call and we will make reasonable efforts to accommodate you.

If you elect to purchase travel insurance, you may cancel your tour or class for a refund or reschedule your tour or class up to 12 hours in advance.  If you purchased travel insurance and something unfortunate happens less than 12 hours before our planned meeting time, please give us a call and we will try to accommodate you.  Please note that the costs for insurance, taxes and other service fees (such as FareHarbor) are never refundable.

                        iv. Local taxes and fees Unless otherwise stated, the advertised price does not include any local taxes or fees, including foreign departure, security, port charges, park fees, customs, passenger-facility charges, international transportation tax, sales tax, VAT or similar charges.

                        v. FareHarbor fees and other third-party booking fees Stretchy uses FareHarbor for its booking and payment processing needs.  FareHarbor charges a fee for each booking, which will be reflected in your final price.  We do not include FareHarbor’s fees in our advertised prices.

Similarly, if you book your tour through a third party, additional booking fees may apply, which may not be reflected in the advertised price.

                   D. Third-party payment processor Stretchy does NOT process credit card payments.  If you book an experience through the Website or over the phone with us, your payment will be processed through FareHarbor, and subject to the additional terms and conditions located at https://fareharbor.com/legal/tos/.  If you book your experience through a third party, such as Airbnb, Tripadvisor or Viator, your payment will be processed according to that party’s payment processing procedures and subject to their additional terms and conditions.  In no event will Stretchy be responsible for the actions or inactions of any such third party payment processor (including FareHarbor), including but not limited to, system downtime, security flaws, or payment service outages.  You agree to pay all charges incurred by your use of such third party payment processor at the prices in effect when such charges are incurred.  You also agree to pay any applicable taxes, assessments and charges relating to your use of the third party processing of any payments related to your Stretchy experience.

                  E. Payments due With the exception of private tours, full payment for all tours is required at the time of booking.  Payment for private tours or classes is due upon confirmation of your itinerary and class, respectively.

  1. Cancellations/no-shows and changes to bookings

                  A. Cancellations or alterations by you (when you book through our Website)  If you declined our offer for travel insurance at the time of your booking, Stretchy bookings are non-cancelable and non-refundable.  Our tours and classes will be held rain or shine– cancellations for inclement weather are still subject to this Section.  If you purchased travel insurance through us and need to cancel or reschedule your tour or class, we will re-accommodate you according to the terms described in the “Travel Insurance” Section above.

                  B. Cancellations or alterations by you (when you book through a third party) If you booked your Stretchy experience through a third party, your experience is subject to that vendor’s cancellation and rescheduling policies. Unfortunately, we cannot process cancellations or requests to reschedule tours that were booked through third party service providers.  Please consult the applicable third party service provider for information regarding their cancellation and rescheduling policies.

                  C. Unused portions of tours We hope you join us for the full tour!  We will not provide any refunds for unused portions of a tour, including any missed stops if you join the tour late or leave the tour before the designated final stop.

                  D. Cancellations by us We may cancel a tour or class at any time prior to the designated start time if we determine for any reason that it would not be safe to operate the tour or class, if reasons beyond our control prevent us from being reasonably capable of providing the tour or class, or if our guide or instructor experiences an emergency and a replacement guide or instructor is not available.  Unless otherwise stated, we may also cancel your tour if only one guest has signed up for the tour or three or fewer people have registered for the cooking class.  If we cancel your tour or class, you can transfer amounts paid to an alternate experience or date, or, alternatively, for a full refund.

In circumstances where cancellation of a class or tour is due to external events outside of our reasonable control, refunds will be less any unrecoverable costs.  We are not responsible for incidental expenses you may incur as a result of your booking, including but not limited to visas, travel insurance or non-refundable flights.

                   E. Amendments we make to bookings While we try to operate all tours as described on our Website, we reserve the right to change the tour itinerary.  The itinerary provided for each tour is representative of the activities planned; however, the route, amenities, stops and modes of transport may be subject to change without prior notice due to local circumstances or events.  If we make a major change before departure, we will inform you as soon as reasonably possible.  We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control.

We also strive to conduct each class as described on our Website.  However, if we determine the location of the class is unsuitable for certain portions of the class, or we are unable to procure materials needed for certain dishes or beverages, we reserve the right to modify the menu as appropriate.

  1. Confirmation and check-in

                 A. Confirming your experience Upon receipt of full payment, Stretchy will send a confirmation email with a confirmation code to the email you provided during the booking process.

                 B. Check-in When you check in for your Stretchy experience, our guide or instructor will ask to see the government-issued identification of the individual that made the booking.  Stretchy reserves the right to refuse service to any groups that cannot provide proof of identity to their guide or instructor at the beginning of the experience.  Please see the “Timeliness” Sections below for more information regarding timing of your experience.

  1. Your Stretchy tour

                 A. Timeliness Don’t be tardy!  We start our tours on time, so please allow enough time to be at your starting point before the official starting time on the voucher.  We recommend arriving at the starting point at least 10 minutes prior to the tour’s start time.  If you know you are going to be late, please contact us on the phone number on your voucher as soon as possible, and we will try to help you catch up.  If you or another person in your group does not arrive within 15 minutes of our published start date and we have not heard from you, we will consider the relevant person(s) a “no show” and the tour will start without them (and without a refund).

                B. Behave yourself! You are responsible for your own and your party’s actions on the Stretchy tour.  If Stretchy or its agent deems you or your party’s actions: (i) may cause danger to yourselves or other guests, (ii) are offensive to our local communities, or (iii) are interfering with other guests’ enjoyment of the tour, we reserve the right to remove you and/or the rest of your group from the tour immediately, and we will not provide any refunds for such bad behavior.  You must at all times comply with all applicable laws and our responsible tour guidelines, including written or verbal instructions from your guide.

                 C. Acceptance of risk You acknowledge that your tour may involve a degree of personal risk.  You may be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in your daily life, and you may be invited to consume food or drinks that are new to you or may otherwise pose health problems.  While we choose our tours and partners carefully, Stretchy does not assume any responsibility for injuries that may occur on the tour, such as slipping or tripping over any surfaces, traffic-related injuries, foodborne illness, food allergies, or other ailments or injuries.  You acknowledge that we have informed you that these risks may exist, and you expressly agree to assume all such risks.  

  1. Your Stretchy classes

                 A. Venue approval  When you book a private cooking class with us, we will contact you for more information to ensure that your chosen location is appropriate for our classes.  Be prepared to answer questions about the size of the space, whether there are sinks, windows and refrigerators available, and other relevant questions.  If we determine in our sole judgment that the space is not appropriate for our classes, we may refuse to offer the class at that location.  We will use reasonable efforts to find a suitable space, but we cannot guarantee such availability.

                B. Timeliness We like to start our classes on time, so please be home (or at your other designated location) at least 30 minutes prior to the class start time to allow us to arrive and prep the cooking stations for you.  If you know you are going to be late, please contact us on the phone number on your voucher as soon as possible, and we will try to accommodate a rescheduled time.  If you or another person in your group does not arrive within 15 minutes of our published start date and we have not heard from you, we will consider you a “no-show” and the class will be canceled without a refund.  Additionally, we will start the class no later than 15 minutes after our published start time, even if members of your party have not yet arrived.

               C. Safety first! You are responsible for your own and your party’s actions at your Stretchy class.  If our chef instructor decides you or your party’s actions may cause danger to yourselves or other guests or are otherwise unable to perform the tasks required for the course, we reserve the right to modify or cancel the class as we deem appropriate, and we will not provide any refunds for such bad behavior.  You must at all times comply with all applicable laws and our responsible tour guidelines, including written or verbal instructions from your instructor.

                D. Acceptance of risk  You acknowledge that your class may involve a degree of personal risk.  You will be working with sharp knives, hot surfaces and possibly open flames, and you may be invited to consume food or drinks that are new to you or may otherwise pose health problems.  While we choose our vendors carefully, Stretchy does not assume any responsibility for injuries that may occur during the class, such as slipping or tripping over any surfaces, knife or other kitchen injuries, foodborne illness, food allergies, or any other ailments or injuries.  You acknowledge that we have informed you that these risks may exist, and you expressly agree to assume all such risks.  

  1. Information accuracy

The customer that books the experience is responsible for providing accurate information to Stretchy, its distributors and its agents.  Stretchy reserves the right to cancel any bookings if inaccurate information is provided, including (but not limited to): guests’ names, class location (if applicable) and contact information.

  1. Permitted and unpermitted uses

When engaging with Stretchy Pants LLC, you agree to do so for personal, non-commercial purposes and not for the commercial gain of yourself or anyone else. You will not enter into or provide fraudulent requests or information to Stretchy Pants LLC.

You may use our Website to learn more about Stretchy and our offerings, and to book tours or classes through our third party payment processor.  You may also leave a review of your experience on the Website (and we’d love you for it!).  You may not use our Website for any other purpose, including but not limited to attempting to circumvent any security measures on the Website, using the Website to advertise any goods or services, scraping or mining data, harassing other visitors or customers, compiling a competitive product or service, transmitting any viruses, Trojan horses or other malicious code, or any other unauthorized or unlawful purpose.

        9. Age and health requirements

                   A. Age requirements All Stretchy guests must be at least 18 years of age or accompanied by a legal guardian, or in lieu of a legal guardian, an escort over the age of 18 that is appointed by the legal guardian.  The legal guardian or their designee will be responsible for the underage guest.  While many of our tours and classes permit all ages, the minimum age requirements may vary. Please see the Website descriptions to check whether an experience is child-friendly. For experiences featuring alcohol, participants may be required to show proof of age of majority.

All visitors to the Website must be at least 18 years of age.  We do not knowingly collect information about individuals under the age of 18.  If you believe we have collected information through our Website about an individual under the age of 18, please let us know at privacy@stretchypantsneeded.com.

                 B. Health requirements All of our tours are done on foot, and some of our tours can be physically demanding.  Guests must ensure that they are suitably fit to allow participation.  We are not medical experts, so it is your responsibility to ensure that you are physically fit to participate in our tours.  Our Website includes a description of the length and physical demands of the tour, to be used as a guideline for determining whether a tour is appropriate for your fitness level.

  1. Complaints

If you have any complaints about your Stretchy experience, we want to know!  We recommend you discuss any complaints with your tour guide or instructor at the end of your experience, but if you wish to discuss the issue further, please contact us in writing within 30 days of your experience date.  Complaints received outside of this timeframe will not be considered.

  1. Feedback

We love hearing what you think about our experiences and we encourage you to provide feedback.  You hereby assign all right, title and interest in and to any feedback or suggestions you provide to Stretchy or our agents (including the reviews you leave on the Website), and you acknowledge that we may use and reproduce this feedback for any purpose.  If you leave reviews about Stretchy on third party review sites, you hereby grant Stretchy a non-exclusive, irrevocable, perpetual license to use and reproduce such reviews in any medium and for any purpose.

  1. Photos and marketing; intellectual property

You consent to us using images of you taken during your experience for advertising and promotional purposes in any medium we choose.  You hereby grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.  Additionally, if you provide us with photos taken from your Stretchy experience or upload them to our Website, you hereby grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use and reproduce those photos in any manner and medium that we choose.

The Stretchy Pants name and logo are proprietary to us, and, except as required by law, no licenses to use or reproduce our name, logo, Website or tour content are granted herein.  Except as permitted by applicable law, you agree to promptly delete or remove any uses to our name, logo, Website or experience content that we find objectionable.

Our cooking classes are held in locations chosen by you, and not all locations may be handicap accessible.  Please be sure the location you choose is appropriate for the participants in your party.

  1. Privacy policy

Any personal information that we collect about you or the other guests in your group may be used for any purpose described in our Privacy Policy, which is located at www.stretchypantsneeded.com/privacy.  You acknowledge that we may disclose your information to our agents, service providers or other suppliers to enable us to operate your tour or class.

  1. Disclaimers and limitations of liability

UNDER NO CIRCUMSTANCES WILL STRETCHY OR ITS DISTRIBUTORS, EMPLOYEES, AGENTS, OR OWNERS BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH OR UNDER YOU FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR PARTICIPATION IN ANY STRETCHY TOURS OR CLASSES, EVEN IF STRETCHY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, STRETCHY SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO HACKING, TAMPERING OR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE.  IN NO EVENT SHALL STRETCHY BE LIABLE TO YOU FOR ANY DAMAGES EXCEEDING THE AMOUNT ACTUALLY PAID FOR YOUR STRETCHY TOUR OR CLASS.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY, TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS ARE REASONABLE AND ESSENTIAL COMPONENTS OF THESE TERMS AND THAT STRETCHY WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR SUCH LIMITATIONS OF LIABILITY.

Stretchy Pants LLC, and its affiliates, distributors, employees, owners and agents (the “Stretchy Parties”) shall not be liable for injury, damage, loss, accident, delay or liability to any person or property.  The Stretchy Parties disclaim all liability for any sickness, acts of crime, labor disputes, government actions, acts of war and/or terrorism, weather conditions or any other damage or injury that occurs on the tour or class, whether or not caused by the negligence of the Stretchy Parties.

We try to keep all of our information current, but we do not warrant that the content and information provided on the Website or any of our affiliate or distributor websites is accurate or without error, nor do we warrant that the Website will operate without error.

The Stretchy Parties disclaim all responsibility and liability for any guest that violates any applicable laws or regulations during their tour or class.

  1. Indemnification

You hereby agree to indemnify, defend and hold Stretchy and its employees, distributors, officers, directors, agents, affiliates, successors, assigns and sub-contractors harmless, to the fullest extent permitted by law, from and against any and all liabilities, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, with respect to any third party suits, actions, claims or proceedings brought against Stretchy or the aforementioned parties arising out of your misuse of  the Website, infringement upon the intellectual property, privacy or other proprietary rights of any third party, or your conduct in connection with any Stretchy tour or class.

  1. Governing law and arbitration

                 B. Governing law These Terms are governed by the laws of the State of California, U.S.A. without regard to its conflict of laws rules.

                 C. Arbitration agreement THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING).  PLEASE READ IT CAREFULLY.  YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURE DESCRIBED BELOW.

You agree that if you have any dispute with Stretchy relating in any way to these Terms, access to the Website or participation in any Stretchy tour or class, you will first contact us and attempt to resolve the dispute informally.  If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive relief or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration.  If you are an individual you may opt out of this Section within thirty (30) days of the date you first access or use the Website or book your tour or class by following the procedure described below.

Arbitration is more informal than a lawsuit in court.  There is no judge or jury in arbitration.  Instead, the dispute is resolved by a neutral arbitrator.  Court review of an arbitration award is limited.  Except to the extent, the parties agree otherwise, arbitrators can award the same damages and relief that a court can award.  You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Stretchy are each waiving the right to a trial by jury or to participate in a class action.  This Section 16 will survive any termination or expiration of the Terms.

If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to Stretchy of your intent to arbitrate (the “Notice”).  The Notice to Stretchy should be sent by registered or certified mail to 573 Scott Street, Apartment B, San Francisco, CA 94117.  The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought.  The arbitration will be administered by the American Arbitration Association under its rules, by a single arbitrator.  The arbitration will be conducted in San Francisco, California.

Each party will be responsible for paying any administrative and arbitrator fees (other than the initial filing fees) in accordance with the American Arbitration Association rules, except that Stretchy will pay for your reasonable filing, administrative and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Procedure 11(b)).  Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property or unauthorized access to or use of the Website.

If you do not want to arbitrate disputes with Stretchy and you are an individual, you may opt out of this arbitration agreement by sending an email to Legal@stretchypantsneeded.com within thirty (30) days of the first date you access or use the Website or book your tour or class.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS GUEST IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.  YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND STRETCHY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this Section 16(b) will be null and void.

  1. Severability

In the event that any provision of these Terms is deemed unenforceable or void for any reason, the remainder of these Terms shall remain in full force and effect, and the provision in question shall be interpreted as closely as possible to achieve the parties’ objectives.

  1. Survival

The provisions of Sections 2, 3(c), 3(d), 3(e), and 5-19 shall survive any termination or expiration of these Terms.

  1. Contact us

Please feel free to contact us with any further comments or inquiries:

 

Email: legal@stretchypantsneeded.com

Phone [415-545-8276]

Mail: Stretchy Pants LLC

573 Scott Street

Apartment B

San Francisco, CA 94117

Last updated: October 10, 2018