Customer Terms and Conditions

These Terms and Conditions govern quote requests and bookings made through the Hibachi Guru platform at hibachiguru.com. By submitting a quote request or booking through this platform (“Hibachi Guru”), I acknowledge and agree that:

1. Role of Limitless Franchise Solutions LLC DBA Hibachi Guru

Limitless Franchise Solutions LLC, doing business as Hibachi Guru, is not a hibachi, restaurant, and/or catering service provider. Hibachi Guru is not the seller for any services booked through this platform. Hibachi Guru’s role is limited to marketing, connecting customers such as myself with independent third-party hibachi service providers, and placing and coordinating bookings with those providers. Hibachi Guru will coordinate events with myself and intake times, venue locations, addresses, group sizes and dates of such events from me. Hibachi Guru is compensated by the hibachi service providers and not by me.

2. Independent Third-Party Vendors

All hibachi services are provided by independent third-party vendors who contract directly with the customer (me). Hibachi Guru does not control, supervise, or guarantee the quality, safety, timing, pricing, and/or performance of any services provided. These third-party vendors may require the execution of liability waivers for hibachi services at my venue or home, which I am expected to complete.

THE HIBACHI GURU PLATFORM AND ANY BOOKING COORDINATION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, HIBACHI GURU DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Some states do not allow the exclusion of certain implied warranties, so parts of the paragraph above may not apply to me.

3. Payments, Deposits, and Taxes

All service pricing, deposits, balances, refunds, gratuities, and any applicable sales, use, or local taxes are determined, collected, and handled solely by the customer-selected hibachi service provider. Hibachi Guru does not collect service payments on behalf of the hibachi service providers.

4. Assumption of Risk

I understand hibachi cooking and live-fire food preparation involve inherent risks, including open flames, hot surfaces, food poisoning, potential consumption of undercooked food, sharp utensils, and/or potential property damage. I voluntarily assume all risks associated with hosting and/or attending any event booked or identified through the Hibachi Guru platform.

5. Limitation of Liability

To the fullest extent permitted by law, I agree Hibachi Guru shall not be liable for any:

• Personal injury including allergic reactions, cross-contamination, property damage, fire, or loss of any kind;
• Failure to perform, delayed performance, or unsatisfactory service;
• Acts or omissions of the hibachi service provider or its employees, contractors, or agents; and/or
• Claims, disputes, chargebacks, or damages arising from or related to the event.

If any exclusion in this section is held unenforceable, Hibachi Guru’s total liability for all claims arising out of or relating to these Terms, the platform, or any event booked through it shall not exceed one hundred dollars ($100).

As the potential host of a hibachi event, I understand I am responsible for coordinating any additional insurance and/or legal compliance with hosting such an event, at my venue, residence or other hosting place. I am also responsible for reporting any allergies or culinary restrictions of myself and/or my guests directly to the hibachi provider.

6. No Claims Against Hibachi Guru; Data Accuracy

I agree any claims, disputes, or legal actions arising from the hibachi services must be brought solely against the hibachi service provider and not against Limitless Franchise Solutions LLC DBA Hibachi Guru.

Nothing in this section or in the Limitation of Liability section above operates to exclude or limit any liability that cannot lawfully be excluded or limited, including liability for Hibachi Guru’s own fraud, fraudulent misrepresentation, gross negligence, or willful misconduct, or any non-waivable rights I have under applicable consumer protection law. If any part of this section is held unenforceable as to a particular claim, it remains in force as to all other claims.

I hereby agree the information I disclose to Hibachi Guru must be accurate.

7. My Guests and My Venue

I am the host of the event. I will inform everyone attending of the risks described in the Assumption of Risk section above, and I accept these Terms on behalf of myself and the members of my party. If a guest, my venue, my landlord, or a homeowners or community association brings a claim against Hibachi Guru arising out of an event I booked, I will indemnify Hibachi Guru against that claim, except to the extent it arises from Hibachi Guru’s own fraud, gross negligence, or willful misconduct.

8. Data Privacy

To administer booking, Hibachi Guru may process my personal data. Such data includes, but is not limited to, the information provided on the Hibachi Guru platform including my email address, phone number, full name and address, any changes thereto, other appropriate personal and financial data about myself such as home address and business addresses and other contact information, and any other information that might be deemed appropriate by Hibachi Guru to facilitate hibachi events. By accepting these Terms and Conditions, I hereby give express consent to Hibachi Guru to process any such personal data and to use it to coordinate my event(s). I also give express consent to Hibachi Guru to transfer any such personal data to the hibachi chef / third-party vendor who will be providing the hibachi services.

Hibachi Guru will save my data on its online system(s) for four (4) years to comply with 42 Pa.C.S.A. §5525 and the Pennsylvania Commercial Code at 13 Pa.C.S.A. §2725.

Hibachi Guru’s Privacy Policy, published at hibachiguru.com/privacy-policy, describes in full what information is collected, how it is used, how long it is kept, and the choices available to me. It forms part of these Terms.

A copy of my data stored with Hibachi Guru, or any questions about Hibachi Guru’s data privacy policy, may be requested at any time via email to: sales@hibachiguru.com

9. Text Messages

Hibachi Guru does not send marketing or promotional text messages. A phone number is required when I request a quote, so that Hibachi Guru can coordinate my event. If the number I give is a mobile number, Hibachi Guru may text me only about my quote request and about the event I book — for example a quote, a confirmation, scheduling details, my chef’s arrival, or a question about my event.

Message frequency varies. Message and data rates may apply. Messages may be sent from any of several numbers operated by or on behalf of Hibachi Guru, and those numbers may change. The customer support number published on hibachiguru.com is a different number from the numbers these messages are sent from.

I may ask Hibachi Guru to stop texting me at any time by replying STOP, END, QUIT, CANCEL, REVOKE, OPT OUT, or UNSUBSCRIBE to any message, or by emailing sales@hibachiguru.com or calling 302-468-7309 and asking to be removed. Hibachi Guru will honor my request within ten (10) business days of receipt and will stop sending texts from all of its numbers.

I may ask Hibachi Guru at any time to contact me by email only, including about my event. Hibachi Guru will honour that request and will communicate with me by email to the address I provide, and I will receive the same service.

10. Severability and Waiver

If any provision is held unenforceable, the remainder stays in full force and the unenforceable provision will be enforced to the maximum extent permitted. A failure to enforce any provision is not a waiver of it.

11. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION, AND IT INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. IT ALSO GIVES ME THIRTY DAYS TO OPT OUT OF ARBITRATION.

11.1 Agreement to arbitrate

There may be instances in which disputes arise between Hibachi Guru and me. Hibachi Guru and I each agree to resolve, by binding individual arbitration, all Disputes except any claim within the jurisdiction of a small claims court, consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action.

11.2 Governing law, and what counts as a Dispute

This engagement is governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. Hibachi Guru and I will each attempt in good faith to resolve any Dispute through direct discussion for at least thirty (30) days, by email to the address listed on Hibachi Guru’s website or to the email address I provided. Should that negotiation be unsuccessful after thirty (30) days, the Dispute shall proceed to mediation with AAA Mediation Services. Should mediation be unsuccessful, the Dispute shall proceed to arbitration before the American Arbitration Association before a single arbitrator. The arbitrator’s decision shall be final and binding on both Hibachi Guru and me.

Hibachi Guru and I each waive any right to a trial by jury in connection with any Dispute.

“Dispute” means any claim, dispute, action, or other controversy, whether based on past, present, or future events, and whether based in contract, tort, statute, or common law, between Hibachi Guru and me concerning the use of the platform, or concerning the interpretation, applicability or enforceability of these Terms or the formation of this contract, including without limitation the arbitrability of any Dispute and any claim that all or any part of these Terms and Conditions is void or voidable.

11.3 Class action waiver

HIBACHI GURU AND I AGREE TO WAIVE CLASS ACTION PROCEDURES.

Neither party will seek to have a Dispute heard as a class action or private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. Hibachi Guru and I each expressly waive any right to file a class action or to seek relief on a class basis. No arbitration or proceeding may be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings.

If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither Hibachi Guru nor I are entitled to arbitration, and all Disputes will instead be resolved in a court.

11.4 Small claims court

Subject to applicable jurisdictional requirements, either Hibachi Guru or I may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent.

11.5 Informal dispute resolution

In the event of a Dispute, Hibachi Guru and I agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Except for Disputes eligible to be resolved in small claims court, the claiming party must send the other party a notice of Dispute: a written statement setting out the name, address and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including any amount of money demanded and the means by which the demanding party calculated the claimed damages.

Any notice of Dispute to Hibachi Guru must be sent to: Limitless Franchise Solutions LLC DBA Hibachi Guru, 1433 N Hope Street, Philadelphia, PA 19122.

11.6 Arbitration process and rules

If Hibachi Guru and I do not resolve a Dispute by informal negotiation, the Dispute shall be resolved by binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. Any demand for arbitration must be filed with the American Arbitration Association. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms and Conditions. The arbitration will be conducted by a single, neutral, qualified arbitrator. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online will take place in Philadelphia, Pennsylvania.

Hibachi Guru and I each agree to submit to the exclusive jurisdiction of the federal or state courts located in Philadelphia, Pennsylvania in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy that party’s individual claim.

11.7 Fees

If Hibachi Guru initiates an arbitration against me, Hibachi Guru will pay all costs associated with the arbitration, including the entire filing fee. If I am the party initiating an arbitration, I will be responsible for the nonrefundable initial filing fee and other applicable fees as required by the American Arbitration Association. If the arbitrator finds that either the substance of a claim or the relief sought violates the representation requirements of Federal Rule of Civil Procedure 11, then to the extent permitted by law the arbitrator shall have the same power to award sanctions consistent with that rule.

11.8 Settlement offers and offers of judgment

At least ten (10) calendar days before the date set for an arbitration hearing, either party may serve a written offer of judgment on the other to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted before the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other and that other party fails to obtain a more favorable award, it shall not recover its post-offer costs and shall pay the offering party’s costs, including all fees paid to the arbitral forum, from the time of the offer.

11.9 Survival

This arbitration agreement will survive the termination of my relationship with Hibachi Guru, including any revocation of consent or other action by me to end my participation in the services or any communication with Hibachi Guru.

11.10 My right to opt out of arbitration

I may opt out of this arbitration agreement by mail. If I do, neither party can force the other to arbitrate. To opt out I must notify Hibachi Guru in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise I am bound to arbitrate Disputes on a non-class basis in accordance with these Terms and Conditions.

If I opt out of only the arbitration provisions and not also the class action waiver, the class action waiver still applies. I may not opt out of only the class action waiver and not also the arbitration provisions.

My opt-out notice must include my name and address, the email address I used, and an unequivocal statement that I want to opt out of this arbitration agreement and, if applicable, that I want to opt out of the class action waiver. I must mail my opt-out notice to: Limitless Franchise Solutions LLC DBA Hibachi Guru, 1433 N Hope Street, Philadelphia, PA 19122. Opt-out notices submitted by email will not be effective.

If I have questions or concerns about the meaning of any provision of this arbitration agreement, I am free to seek the counsel of an attorney.

12. Changes to These Terms

Hibachi Guru may update these Terms from time to time. The version in force at the time I submit a quote request or booking governs that quote request or booking, and later changes will not apply to it. If Hibachi Guru makes a material change, the updated Terms will be posted at hibachiguru.com/terms with a new version number and effective date before the change takes effect, and my next quote request or booking made after that date will be subject to the updated Terms.

13. Acceptance

When I submit a quote request or booking through this platform I am asked to confirm, by separate affirmative action:

• that I am at least 18 years of age and have the authority to agree to these Terms on behalf of myself, my party, and the venue where the event will be held; and
• that I have read, understand, and agree to these Terms, including the Assumption of Risk, Limitation of Liability, and No Claims Against Hibachi Guru sections, and the jury waiver and class action waiver in the Governing Law and Dispute Resolution section.

Hibachi Guru records the version of these Terms displayed to me, the date and time of my confirmation, and the confirmations I gave.

14. Contact