(MUST BE SUBMITTED TO NCRT IN WRITING)
Cancellations received more than 21 days prior to class will not be charged the training fee.
Cancellations within 14 – 21 days prior to class will be invoiced the full training fee. As a courtesy, we will allow you to apply 50% of your payment toward a future NCRT Training course within one year of the cancellation date.
Cancellations 14 days prior to class, and no-shows, are subject to payment for the full amount without future training credit.
Registrant substitutions may be made at any time.
Please note that if you do not cancel or do not attend, you are responsible for payment.
CANCELLATION OF COURSE BY NCRT
NCRT reserves the right to cancel or change a class at any time, including but not limited to, lack of participation, classroom, equipment or trainer availability.
Notification will be provided within 14 days of the class, whenever possible.
In the event that this occurs, Registrants will not be charged for the course.
NCRT is not liable for any direct, or indirect, consequential or special damages that may be incurred due to a cancellation of a scheduled class, including, but not limited to, cancellation penalties for transportation or accommodations. The customer or student’s sole remedy shall be the refund of prepaid course fees.
NCRT shall not be liable for damages of any kind resulting from errors or omissions in the training materials nor shall NCRT be liable for any damages resulting from the use of the training materials or other information conveyed at an NCRT course.
All payments or Purchase Orders MUST be received 14 days prior to the Course or reserved spots will be given to someone else.
We can arrange for Purchase Orders to be invoiced after the completion of the course. Please contact us for more details.
PARTICIPANT AGREEMENT INDEMNIFICATION, WAIVER, GENERAL RELEASE, AND ASSUMPTION OF RISK
Under this legally binding Participant Agreement, I agree and acknowledge as follows:
I understand that the Activities (defined below) are inherently dangerous activities;
I assume the risk of injury or death that may occur as part of said dangerous Activities;
I am knowingly and intentionally waiving all of my rights to bring lawsuits and make claims, including lawsuits and claims for negligence;
I hereby release Northern California Rescue Training, LLC, and agree to hold Northern CaliforniaRescue Training, LLC, and their respective officers, directors, employees, agents and affiliates from any and all liability, including any and all liability for negligence; and,
I acknowledge that this Agreement is
(a) clear, unambiguous and unequivocal,
(b) explicit and voluntary in my waiver, release and assumption of risk, and
(c) comprehensive for all lawsuits, claims, injuries, and damages.
I UNDERSTAND THAT RESCUE TRAINING IS AN INHERENTLY DANGEROUS ACTIVITY. I acknowledge that participation in the Northern California Rescue Training, LLC’s, a California limited liability company (“NCRT”) activities, including, but not limited to, slip, trip and falls due to uneven terrain, crush injuries from heavy loads or improper use of rollers or other tools, falls from heights while working from ropes or ladders, inhalation hazards from concrete dust, cuts or contusions from improper use of tools, jagged edges in the environment, nails or fragments of concrete or broken tools, infection secondary to abrasion or laceration received on the training ground, burns from metal cutting tools or other gasoline powered tools, electrocution from improper use of electrical power tools, head, neck, eye injury from being struck with falling tools or equipment, suspension trauma from harness use, musculoskeletal injury from lifting and moving bulky or unwieldy items (collectively “Activities”), entails both known and unknown risks that could result in SERIOUS INJURY or DEATH, due to, but without limitation, exposed, hooks, frames and/or other pieces of equipment; poor lighting; lack of supervision and/or trained instructors; lack of protective gear, gloves, eyewear, and/or other proper equipment; lack of any other proper safety measure; slipping and/or falling on and/or off equipment; collision with fixed objects and/or people; attempted lifts, walks, jumps, maneuvers and/or teamwork; having multiple participants participate in the Activities at one time; the physical condition, fitness and/or abilities of me and all other participants; weight differences between me and other participants; weather and/or all other environmental conditions; actions and/or omissions committed by me, NCRT and/or any other persons; and/or incomplete instructions.
I certify that I have adequate health insurance to cover any injury or damage that I may suffer, or else I agree to personally bear the costs of such injury or damage. I further certify that I assume all risks of any medical or physical condition I may have. I understand that, although I am initialing certain sections of this Agreement, it is my intention to agree to the entire Agreement and I do agree to this entire Agreement.
ILLNESSES INCLUDING COVID-19 RELEASE:
Additionally, I fully understand that my participation in the above-referenced activity exposes me to the risk of personal injury, death, communicable diseases (including COVID-19, illnesses, viruses, and/or property damage). I hereby acknowledge that I am voluntarily participating in this activity and agree to assume any such risks.
In consideration for allowing me to participate in the NCRT Activities and use the NCRT equipment and facilities, I expressly and voluntarily agree to forever release, acquit, indemnify and discharge NCRT, and agree to hold NCRT, and their respective affiliates, agents, employees, officers and directors (collectively, “NCRT Indemnities”) on behalf of myself, my spouse, my children, my parents, my guardians, and my heirs, assigns, personal representative and estate, and any and all other persons and entities who could in any way represent me, from any and all actions or omission(s), cause and causes of action, suits, debts, damages, judgments, costs, including, but not limited to attorney’s fees, and claims and demands whatsoever, in law or in equity, for any personal injury, death, or property damage that I may suffer arising from my use of NCRT’s Activities, NCRT equipment, NCRT premises or at offsite activities related to NCRT. This waiver is intended to be a complete release of any and all responsibility or duties owed by NCRT Indemnities for personal injuries, death and/or property loss/damage sustained by myself while on the NCRT premises, or with respect to NCRT Activities, whether using NCRT equipment or not, even if such injury or damage results from NCRT negligence, NCRT employee negligence, improper supervision, improper maintenance of NCRT equipment or premises or negligence by other NCRT guests.
I agree to indemnify and hold NCRT and its officers, directors, employees, agents and affiliates harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by NCRT, including, but not limited to, attorneys’ fees, costs, damages and/or judgments NCRT may incur in the event that I cause any injury, damage and/or harm to any other person while at NCRT.
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I use NCRT, at any location or facility. Without limiting the above waiver, release, and assumption of risk, I agree to the sole and exclusive venue of the City and County of San Francisco, CA for any legal action. Any controversy between the parties hereto involving any claim arising out of or relating to a breach of this Agreement shall be submitted to and be settled by final and binding arbitration in San Francisco, California, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. In connection with any such proceeding, the arbitrator shall have no power to make any errors of law or of legal reasoning. Furthermore, the arbitrator shall issue a reasoned opinion when deciding this matter. I further agree that the substantive laws of California shall apply without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall be construed as far as possible to enforce their meaning to the maximum extent possible and shall remain in full force and effect. I intend that no rules of construction be employed in the interpretation of this Agreement and that for all purposes I and NCRT are deemed joint authors hereof.
I grant NCRT permission to use my, likeness in its publications, websites, marketing and other materials without payment, and without any prior approval of any and all publications, websites, marketing and other materials that contain my likeness.
I have had sufficient opportunity to read and understand this agreement and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree.