Training Policies

IMPORTANT TERMS AND CONDITIONS Participant acknowledges that ERV Training, LLC has no control over how frequently Participant chooses to show for scheduled training times. Therefore, no deduction allowance or refund of any payment will be made, nor will the Participant be relieved of this contractual obligation at any time by reason of his/her failure to show for scheduled training times. Training times are determined prior to initiation of the schedule to ensure that all Participants have the opportunity for each and every lesson. Training package sessions are non-refundable (except for medical reasons with documentation, or family emergencies). Any Participant who must cancel a scheduled session must give ERV Training, LLC a minimum of 24 hours’ notice. The Participant will have extra make-up weeks for missing a scheduled session. Improper conduct or profanity can result in forfeiture of fee. FULL ASSUMPTION OF RISK - The Participants and Parent/Guardians understand and agree that the Participants’ participation in the training or use of the facilities or equipment provided for such training creates the possibility of an accident, illness, or other serious physical injury to the Participants that can lead to permanent disability or even death. The Participants and Parent/Guardians, individually and on behalf of the Participants personally, as well as on behalf of the Participants’ family members, representatives, heirs, or assigns, hereby assume all risk of any such accident, injury, illness, or death. INDEMNIFICATION - The Participants and Parent/Guardians, individually and on behalf of the Participants personally, as well as on behalf of the Participants’ family members, representatives, heirs, or assigns, agree to indemnify ERV Training, LLC, her employees, volunteers, sponsors, independent contractors, or agents, from any and all claims, demands, lawsuits, or damages (including attorneys’ fees) brought by any person or entity for any personal injuries, or property damage arising out of the use by the Participants, Parent/Guardians, or their agent(s) or family member(s) of any service, training, or facility offered by ERV Training, LLC, its employees, volunteers, sponsors, independent contractors, or agents. RELEASE OF LIABILITY - In consideration for ERV Training, LLC accepting the Participants into the training program and permitting the Participants’ access to or use of the facilities and training services, the Participants and Parent/Guardians, individually and on behalf of the Participants personally, as well as on behalf of the Participants’ family members, representatives, heirs, or assigns, hereby waive any and all claims, lawsuits, or causes of action against ERV Training, LLC, its employees, volunteers, sponsors, independent contractors, or agents arising out of our related to the Participants’ utilization of the facilities or participation in any training sessions, regardless of whether such claims or causes of action arise from the acts of third persons, the condition of any property, equipment, or premises, ERV Training, LLC negligence, or the negligence of her employees, agents, sponsors, volunteers, or independent contractors. COVENANT NOT TO SUE - The Participants and Parent/Guardians, individually and on behalf of the Participants personally, as well as on behalf of the Participants’ family members, representatives, heirs, or assigns, also covenant not to sue ERV Training, LLC, its employees, volunteers, sponsors, independent contractors, or agents, for any claim of any nature arising out of the Participants’ utilization or participation in the training services and facilities, and further agree that if they bring any such claim, they will indemnify ERV Training, LLC, its employees, agents, volunteers, sponsors, or independent contractors, for all reasonable attorneys’ fees and costs incurred in defending any such claim. The Participants also acknowledge that they do not have any medical diagnoses that would constitute the need for medical services that would exclude them from participating in the training program. This Agreement constitutes the entire agreement and understanding between the parties. The Participants and Parent/Guardians agree that they are not executing this Agreement in reliance on any oral representation made to them. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES THAT DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. THIS AGREEMENT IS NON-CANCELLABLE, NON-TRANSFERRABLE, AND NON-REFUNDABLE EXCEPT AS SET OUT ABOVE. ANY FAILURE OF THE PARTICIPANT IN THE TRAINING DOES NOT RELIEVE THE PARTICIPANT OF ANY OBLIGATIONS UNDER THIS AGREEMENT.