TRAINING TERMS AND CONDITIONS
In an effort to combat terrorism, or deter other criminal activity as defined by Interpol (see Crimes link), we require each and every student to read the below text. Permittance into any of our courses assumes that the below text has been read by the client.
Each student will be screened through the appropriate National Background Check Services in the host nation and possibly the Country of Origin.
WARNING: READ CAREFULLY. THIS AGREEMENT (THIS “AGREEMENT”) INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE CERTAIN PARTIES. SEEK OUT LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT BEFORE YOU ENTER INTO THIS AGREEMENT.
In consideration of Gemini Defense, EOOD (“GD”) allowing me to participate in the above-mentioned Course, anticipated to occur on ____________ through ____________ , at The Gemini Defense Training Centers (or partner locations) (UIC 205443447), and related activities and programs (the “Training Evolution”) and/or in consideration of Gemini Defense allowing me to enter upon Gemini Defense Training Centers to participate in the Training Evolution; I, for myself, and on behalf of my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following representations, warranties and agreements that shall be binding to the fullest extent permitted by law:
- I hereby represent that: I am (or, at the time of the Training Evolution, will be) at least eighteen (18) years of age or older; I am (and, at the time of the Training Evolution, will be) in good health and in proper physical condition to participate in the Training Evolution; and I am not (and, at the time of the Training Evolution, will not be) under the influence of a banned substance(s), alcohol or any prescription drugs that would in any way impair my ability to safely participate in the Training Evolution. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Training Evolution.
- I agree to be familiar with and abide by the rules and regulations established for the Training Evolution (a version of which is available here: www.geminidefense.eu/training-policy), including the requirement that Training Evolution participants be at least eighteen (18) years of age or older at the time of participating in the Training Evolution, and any directions given to me by officials of the Training Evolution and/or by Gemini Defense and/or other Training Evolution organizer personnel or staff while I am participating in and/or attending the Training Evolution. I also accept sole responsibility for my own conduct and actions while participating in the Training Evolution, and the condition and adequacy of all my equipment.
- I understand and acknowledge the significant physical, emotional and mental rigors associated with training for, participating in and recovering from live outdoor, group participation, simulated capture, simulated interrogation, evasion, and/or survival Training Evolutions, and realize that running (on pavement, rough terrain, on nature trails, off nature trails, through dense brush or forestry and other varied terrains), eating (including live animals), drinking (including “dirty” water), heavy lifting (including flipping tree trunks), traversing (e.g., walking, running, wading) water and/or sand/mud based obstacles, crawling on my stomach or otherwise in a prone or supine position, building fires, being in and around areas or objects that are on fire, climbing and descending steep hills or rappelling, facing mental challenges or puzzles, exploring or traveling through dark areas (e.g., at night), handling and using weapons (e.g., weapons, knives, spears, etc.), dodging or being struck by projectiles (e.g., airsoft pellets, sim-munition rounds), and other portions of the Training Evolution are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation in the Training Evolution involves risks and dangers which include, without limitation, the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage of property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, vehicles, weapons, projectiles or other natural or man-made objects; dangers arising from adverse weather conditions; imperfect course conditions; natural and manmade water, road and surface hazards; animals (e.g., snakes), living creatures and other organisms; contact with waste or fecal matter; contact with fire; equipment failure; inadequate safety measures; participants of varying skill levels; medical or emergency aid (or lack thereof); situations and circumstances beyond the immediate control of Gemini Defense and/or any other Training Evolution organizers; other undefined harm or damage which may not be readily foreseeable; and any other presently unknown risks and dangers (collectively, “Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Training Evolution, and/or the acts, inaction or negligence of the Released Parties (defined below), and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expense which I incur as a result of or in connection with my entry into and participation in the Training Evolution. If I observe any Risks during my presence at, participation in, and/or attendance of the Training Evolution, I will immediately notify the nearest Instructor and/or personnel of an Training Evolution organizer and use best efforts to remove myself from exposure to the same (to the extent possible given the nature and scope of the Training Evolution). Individually and collectively, the “Released Parties” are: Gemini Defense, EOOD; and the Training Evolution promoters, directors, volunteers (including emergency aid or medical), sponsors, licensors, vendors, suppliers, contractors, and advertisers; the Region of Sofia, Bulgaria; local organizing committees; any other venues and property (and rights) owners on which the Training Evolution takes place; law enforcement agencies and other public entities providing support for the Training Evolution; and each of their respective parents, subsidiaries and affiliated and associated companies, officers, directors, partners, shareholders, members, managers, representatives, agents, contractors, and employees.
- I consent to receive medical treatment which may be necessary or appropriate (as determined by Gemini Defense and/or other Training Evolution organizer staff or personnel or Training Evolution officials or emergency or medical aid personnel, etc.) in the event of any illness, accident, injury or other medical emergency arising out of, resulting from or relating to my participation in the Training Evolution, including, without limitation, the Risks, and understand that I am solely responsible for all costs and expenses related to such medical treatment, including, without limitation, those related to medical transportation and/or evacuation.
- I hereby irrevocably, unconditionally, completely and forever waive, release and discharge each of Gemini Defense and the other Released Parties from any and all Claims (defined below) that I may have had or may now or in the future have which arise out of, result from or relate to my participation in the Training Evolution (or my intent or desire or attempt to participate in the Training Evolution), including, without limitation, the Risks and any Claims that arise out of, result from or relate to the negligence of any Released Party. I hereby acknowledge and agree that this waiver, release and discharge includes all injuries and damage to person and/or property whatsoever, including, without limitation, economic injuries, whether known or unknown, foreseen or unforeseen, fixed or contingent. For purposes of this Agreement, the term “Claims” means any and all liens, claims, demands, actions, causes of action, lawsuits, proceedings, debts, liabilities, damages, fines, penalties, judgments, settlements, costs, expenses and other obligations (including attorneys’ fees) of any kind, nature, character or description whatsoever, whether known or unknown, foreseen or unforeseen, fixed or contingent.
I hereby covenant not to sue and agree to forever refrain from commencing, instituting, participating in and/or prosecuting any action, lawsuit (including, without limitation, a class action) or proceeding against any of the Released Parties for any Claims that I may have had or may now or in the future have which arise out of, result from or relate to my participation in the Training Evolution (or my intent or desire or attempt to participate in the Training Evolution), including, without limitation, the Risks.
I hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all Claims that may be asserted by a third party against any of the Released Parties which arise out of, result from or relate to my participation in the Training Evolution (or my intent or desire or attempt to participate in the Training Evolution), including, without limitation, the Risks.
- In furtherance of this Agreement, including the waiver, release and discharge set forth directly above, I hereby expressly waive and release to the fullest extent any right or benefit that I may have held and/or that I may now and/or in the future hold under SG. 43/20 May 2005 of the Bulgarian Civil Code, which provides:
“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.”
Notwithstanding the provisions of the Bulgarian Civil Code, and for the purpose of implementing a full and complete release and discharge of the Released Parties, I hereby acknowledge that (a) I am aware that I may hereafter discover facts in addition to and/or different from those which I know or believe to be true at the time of executing this Agreement with respect to my participation in the Training Evolution (or my intent or desire or attempt to participate in the Training Evolution), including, without limitation, the Risks, and therefore I expressly assume all risks associated therewith, (b) that it is my intention to hereby fully, finally and forever release the Released Parties from any and all Claims, known or unknown, foreseen or unforeseen, fixed or contingent, which have existed, now exist and/or may hereafter exist in my favor which arise out of, result from or relate to my participation in the Training Evolution (or my intent or desire or attempt to participate in the Training Evolution), including, without limitation, the Risks, (c) that this Agreement is intended to include in its effect all claims that I may have against the Released Parties which I do not know or suspect to exist in my favor at the time of executing this Agreement and which, if known or suspected, would materially affect my decision to execute this Agreement, regardless of whether the lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause, and (d) that this Agreement contemplates the extinguishment of any and all such claims.
- I hereby expressly, irrevocably and unconditionally grant Gemini Defense and, upon due authorization by Gemini Defense, any affiliates, licensees, vendors, suppliers, contractors or agents thereof (the “Media Parties”) the right to photograph and/or record me and use my picture, silhouette, image and/or other reproductions of my physical likeness, and my name, biography, Training Evolution statistics (e.g., age, knowledge checks, total time, survival score, etc.), recordings of my voice, and other identification (and make any changes, alterations, etc. thereto) in connection with the exploitation of the Training Evolution (including merchandising) or for any other purpose, worldwide and in perpetuity, in and on any media including, without limitation, theater or other exhibition, television, Internet, mobile phone, and/or in the advertising and/or publicizing of the Training Evolution or any other purpose. I understand that I will not be paid for any of the foregoing rights or uses and that the Media Parties do not require my approval at any time.
- I hereby acknowledge, represent and/or warrant (as applicable) that I: have read this Agreement carefully; understand this Agreement’s terms and conditions; have the legal capacity to enter into this Agreement (and, if applicable, that I have acquired the consent of my parent or guardian (who has the legal capacity and authority to sign this Agreement on my behalf)); am legally able to travel to Bulgaria and participate in the Training Evolution, if I reside in a country outside of Bulgaria; will be giving up substantial legal rights by entering into this Agreement (including, as applicable, certain rights of my spouse; children; parents; guardians; heirs and next of kin; and legal and personal representatives, executors, administrators, successors and assigns); and have entered into this Agreement freely and voluntarily, without any inducement, coercion, duress, assurance or guarantee, and intend for my signature (and, if applicable, the signature of my parent or guardian (who has the capacity and authority to sign this Agreement on my behalf)) to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement (including those set forth in the paragraphs below). This Agreement represents the complete understanding among myself, Gemini Defense and the other Released Parties regarding the subject matter of this Agreement and no oral representations, statements or inducements have been made apart from this Agreement. For the avoidance of doubt and without limitation, I further hereby agree that the Released Parties are beneficiaries of this Agreement (in each case, to the extent set forth herein) and that each of the Released Parties may enforce the provisions of this Agreement of which it is expressly identified as a beneficiary. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed separable from this Agreement and shall not affect the validity and enforceability of any remaining provision. This Agreement will be governed by and shall be interpreted according to the laws of Bulgaria exclusively without regard to principles of conflicts of laws.
- I unconditionally and irrevocably agree and on behalf of myself and each of my successors, heirs, and assigns that, all disputes arising out of or relating to this Agreement or to the Claims, including without limitation, all claims based in contract or tort, shall be submitted to arbitration and resolved confidentially by a single arbitrator (who shall be a retired judge) in accordance with the applicable Commercial Arbitration Rules of Gemini Defense then in effect. In addition, all questions regarding the arbitrability of the dispute, including whether I have agreed to arbitrate the dispute, shall be decided by such arbitration. All arbitration shall take place at a Gemini Defense office located in Sofia, Bulgaria. I irrevocably and unconditionally consent to personal jurisdiction in Bulgaria and venue at Gemini Defense Tactical Training center, in any action, including without limitation, petitions to compel arbitration and to enforce that arbitration award, concerning a dispute between the parties relating to this Agreement. Judgment on the arbitrator’s award shall be final and binding and may be entered in any competent court.
PAYMENT: FULL Payment of course(s) and/or (Training Evolutions) is required to be paid at the time of reservation. Courses in excess of 2000€ can be paid by depositing 50% of the total amount at the time of booking and the remaining amount at least two (2) weeks prior to the date of the actual training or Training Evolution. Exceptions will be made on an exclusive basis and a written offer will be drafted for all parties to agree and sign, if necessary. Course tuition includes training, range reservation and instructor (unless stated otherwise on the course or Training Evolution page). Additional costs such as accommodations, meals, travel, airport pick-up/drop-off, and ammunition/weapon purchase or rental can be reserved and paid for on the date of the training or Training Evolution. Ammunition quantities exceeding 1000 pieces require a 5 day lead time.
Acceptable forms of payment are Cash, Revolut, PayPal, Visa, Mastercard, American Express or Bank Transfer.
Bank Transfer Details:
Name: TONY BRIANT
Email: [email protected]
REFUNDS: Prior to October 8th, 2019, if you are registered to participate in the Training Evolution as an individual (i.e., not as a group or participating through the program of a company or charity), you may notify Gemini Defense and/or the other Training Evolution organizers (by sending an email to [email protected] of your election to not participate in the Training Evolution and, once such email is confirmed as received by a staff member of Gemini Defense and/or another Training Evolution organizer, you or the purchaser of such entry, as determined by Gemini Defense and/or the other Training Evolution organizers, will be eligible to receive a partial refund credit (up to fifty (50) percent) of the Training Evolution entry fee paid by you (or on your behalf) in connection with your entry to participate in the Training Evolution (and, for the avoidance of doubt, thereafter such entry shall be void, of no further force or effect and shall no longer give the holder, purchaser and/or owner the right to participate in the Training Evolution). On and after October 8th, 2019 there shall be no refunds of any kind. No exceptions (including, without limitation, if the Training Evolution is delayed, canceled, postponed, moved (location or time), shortened, modified, reduced in scope, expanded or changed, etc.). This is because when we collect the initial deposit, we immediately purchase the ammunition and reserve the location for the course (which is non-refundable). Service credits may be issued in-leu of refund. Customer may request a service credit to be issued; and shall be at least two weeks prior to the scheduled training date. Failure to notify Gemini Defense in advance will result in dismissal of service credits.
NO TRANSFERS: No Training Evolution entry transfers (e.g., giving or selling your Training Evolution entry to another person) are permitted under any circumstances (unless written consent has been given by Gemini Defense).
NO DEFERRALS: No Training Evolution deferrals (i.e., attempt to transfer an individual’s right to participate in the Training Evolution in to the right to enter in to a subsequent Training Evolution) are permitted under any circumstances. No exceptions (including, without limitation, if the Training Evolution is delayed, canceled, postponed, moved (location or time), shortened, modified, reduced in scope, expanded or changed, etc, unless written consent has been given by Gemini Defense).