Terms

COMPANY POLICIES AND TERMS OF AGREEMENT

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, accept, sign and submit the form provided at the end of this page.
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 The Association, EOOD (“TA”) allowing me to participate in the above-mentioned Course, anticipated to occur on ____________ through ____________ , at The Association Tactical Training Center (or partners) (UIC 205443447), and related activities and programs (the “Event”) and/or in consideration of The Association allowing me to enter upon The Association Tactical Training Center to participate in the Event; 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:

  1. I hereby represent that: I am (or, at the time of the Event, will be) at least eighteen (18) years of age or older; I am (and, at the time of the Event, will be) in good health and in proper physical condition to participate in the Event; and I am not (and, at the time of the Event, 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 Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Event.

  2. I agree to be familiar with and abide by the rules and regulations established for the Event (a version of which is available here: www.theassociation.com/rules), including the requirement that Event participants be at least eighteen (18) years of age or older at the time of participating in the Event, and any directions given to me by officials of the Event and/or by The Association and/or other Event organizer personnel or staff while I am participating in and/or attending the Event. I also accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of all of my equipment.

  3. 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 events, 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 Event are inherently dangerous and represent an extreme test of a person’s physical and mental limits. I understand that participation in the Event 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 man made 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 The Association and/or any other Event 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 Event, 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 Event. If I observe any Risks during my presence at, participation in, and/or attendance of the Event, I will immediately notify the nearest Instructor and/or personnel of an Event organizer and use best efforts to remove myself from exposure to the same (to the extent possible given the nature and scope of the Event). Individually and collectively, the “Released Parties” are: The Association, EOOD; and the Event 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 Event takes place; law enforcement agencies and other public entities providing support for the Event; and each of their respective parents, subsidiaries and affiliated and associated companies, officers, directors, partners, shareholders, members, managers, representatives, agents, contractors, and employees.

  4. I consent to receive medical treatment which may be necessary or appropriate (as determined by The Association and/or other Event organizer staff or personnel or Event 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 Event, 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.

  5. I hereby irrevocably, unconditionally, completely and forever waive, release and discharge each of The Association 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 Event (or my intent or desire or attempt to participate in the Event), 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 Event (or my intent or desire or attempt to participate in the Event), 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 Event (or my intent or desire or attempt to participate in the Event), including, without limitation, the Risks.

  6. 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 Event (or my intent or desire or attempt to participate in the Event), 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 Event (or my intent or desire or attempt to participate in the Event), 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.

  7. I hereby expressly, irrevocably and unconditionally grant The Association and, upon due authorization by The Association, 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, Event 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 Event (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 Event 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.

  1. 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 Event, 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, The Association 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.

     

  2. 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 The Association 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 The Association office located in Sofia, Bulgaria. I irrevocably and unconditionally consent to personal jurisdiction in Bulgaria and venue at The Association 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 (Events) 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 event. Exceptions will be made on an exclusive basis and a written agreement will be drafted for all parties to agree and sign, if necessary. Course tuition includes range registration, weapon fees and ammunition (unless stated otherwise on the course or event page). Additional costs such as accommodations, meals, travel, airport pick-up/drop-off, and last minute ammunition/weapon purchase or rental can be reserved and paid for at least two (2) weeks prior to the date of the actual training or event. Acceptable forms of payment are Cash (in-person), PayPal, Visa, Mastercard, American Express or Bank Transfer.

    Bank Transfer Details:
    Name: TONY BRIANT
    IBAN: BG03UNCR70001523150761
    SWIFT: UNCRBGSF

    PayPal Details:
    Email: [email protected]

    REFUNDS: Prior to October 8th, 2019, if you are registered to participate in the Event as an individual (i.e., not as a group or participating through the program of a company or charity), you may notify The Association and/or the other Event organizers (by sending an email to [email protected] of your election to not participate in the Event and, once such email is confirmed as received by a staff member of The Association and/or another Event organizer, you or the purchaser of such entry, as determined by The Association and/or the other Event organizers, will be eligible to receive a partial refund credit (up to fifty (50) percent) of the Event entry fee paid by you (or on your behalf) in connection with your entry to participate in the Event (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 Event). On and after October 8th, 2019 there shall be no refunds of any kind. No exceptions (including, without limitation, if the Event is delayed, canceled, postponed, moved (location or time), shortened, modified, reduced in scope, expanded or changed, etc.). This is due to the fact that when we collect the initial deposit, we immediately purchase the ammunition and reserve the location for the course (which can not be returned).


    NO TRANSFERS: No Event entry transfers (e.g., giving or selling your Event entry to another person) are permitted under any circumstances (unless written consent has been given by The Association).
    NO DEFERRALS: No Event deferrals (i.e., attempt to transfer an individual’s right to participate in the Event in to the right to enter in to a subsequent Event) are permitted under any circumstances. No exceptions (including, without limitation, if the Event is delayed, canceled, postponed, moved (location or time), shortened, modified, reduced in scope, expanded or changed, etc, unless written consent has been given by The Association).

Download the English form here, (Bulgarian Translation here) Sign and email it to [email protected] at least two (2) weeks prior to your scheduled course/event.