Nourish Baby New York LLC (“Nourish Baby”) offers a subscription service offering nourishing means and snacks for babies (the “Service”). Nourish Baby prepares meals and snacks from scratch in a sanitary kitchen and follows food safety best practices in its facility to prevent the spread of bacteria and any foodborne illnesses. Nourish Baby’s meals and snacks are designed to serve children through various stages of development, and offer flavorful foods with optimal nutrients. However, Nourish Baby recognizes that not every child will enjoy every food item, and Nourish Baby does not offer refunds or exchanges for food items that children do not like.
Your participation in the Service is expressly conditioned on your agreement to the following terms and conditions. Please read this document carefully, as it constitutes a release of liability.
I/we, hereby acknowledge and agree to the following:
- I/we are the parents or legal guardians of the child(ren) for whom the Service is being purchased.
- I/we hereby represent and warrant that, to the best of my/our knowledge, each child for whom the Service is being purchased does not have any allergies, dietary restrictions, conditions or other special circumstances that would affect the child’s dietary requirements and/or restrictions, except as disclosed to Nourish Baby. I/we represent and warrant that the information disclosed to Nourish Baby is true and correct to the best of my/our knowledge. I/we will promptly notify Nourish Baby in the event that I/we become aware of any changes in each child’s medical history that would affect the child’s dietary requirements and/or restrictions.
- I/we understand that while Nourish Baby will omit ingredients that I/we request to be omitted from any meals or snacks, I am/we are solely responsible for (a) knowing any food allergies or intolerances that each child may have, (b) reviewing all of the ingredients in any meal or snack and (c) introducing any new ingredients to each child’s diet.
- I/we expressly acknowledge that I am/we are aware that the facility in which Nourish Baby prepares meals and snacks in not gluten, dairy or nut free, and processes food products such as eggs, dairy items, milk, nuts (including tree nuts and peanuts), fish, shellfish, wheat, and soy, and therefore cannot eliminate the risk of cross-contamination or guarantee that meals and snacks are free of allergens. I/we expressly acknowledge that I am/we are solely responsible for knowing of any food allergies or intolerances and for any reactions that a child may have to any meal or snack.
- I/we agree to be solely responsible for the proper storage, handling and preparation of the meals and snacks. Nourish Baby recommends that all meals and snacks be refrigerated at 38 degrees Fahrenheit or below within two (2) hours of pick up from Nourish Baby; Nourish Baby may also recommend that certain items be frozen. I/we expressly agree that I am/we are responsible for storing and handling the meals and snacks in accordance with Nourish Baby’s guidelines. I am/we are also responsible for ensuring that meals and snacks are heated or cooled to the appropriate temperature as recommended by Nourish Baby, and consumed within one week of pick up.
- I/we agree that the meals and snacks will be provided to each child only under adult supervision.
- I/we hereby agree that I/we will not resell or distribute any Nourish Baby meals or snacks to any third party. If I/we provide any meals or snacks to any child not identified to Nourish Baby, I/we will fully indemnify and hold harmless Nourish Baby from any and all liability related to such use or consumption, including attorney’s fees and costs.
- I/we agree to indemnify and hold harmless Nourish Baby and its members, officers, employees and representatives from and against any and all claims arising out of my/our breach of the above representations, and I/we expressly agree that Nourish Baby will not be liable for any injury, illness or any other damage arising out of my/our failure to comply with the foregoing terms.
- To the maximum extent permitted by law, in no event will Nourish Baby, or its members, officers, employees, and representatives, be liable for any direct, indirect, special, consequential or incidental damages arising out of the consumption of meals and snacks purchased from Nourish Baby, and Nourish Baby’s aggregate liability shall be limited to the aggregate costs of the meals and snacks purchased from Nourish Baby.
- I/we understand that any nutritional information provided by Nourish Baby in connection with the Service is intended to provide general nutritional information and is not intended for diagnostic or treatment purposes, and I/we confirm that we have consulted with our pediatrician prior to making changes in the diet of each child.
- Arbitration; Choice of Law. I/we agree that any controversy or claim arising out of, or related to, this Waiver must be submitted to binding arbitration with a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in New York, New York. Each party to the arbitration shall pay its own expenses and costs, and the fees assessed by any arbitrator or the American Arbitration Association shall be equally divided between the parties to the arbitration. I/we agree that this Agreement will be governed by the laws of the State of New York, without regard to conflicts of laws principles.