Terms and Conditions

TO BOOK TRAINING, ENSA REQUIRES:

A purchase order (PO) as per the provided quotation.

A fully completed training course booking form (this document) returned to ENSA’s Training Coordinator (training@ENSA-northamerica.com).  In submitting a completed booking form, the client is confirming their participation in the agreed-upon class.

A temporary reservation for specific training dates can be made without a PO which is only valid until the end of the next business day (48 hours for non-open enrollment) to allow time for PO creation.

 

CANCELLATIONS:

ENSA reserves the right to impose the following penalties: 100% for cancellations made within 5 working days of training course start time, 50% for those made between 6 – 10 working days; and 25% for those made between 11 to 20 working days.

ENSA is flexible to consider changes to training format but reserves the right to refuse all modifications to the training program once a training slot has been confirmed.

Changes to the student roster on the Booking Form less than five days prior to the scheduled training will result in additional fees of $175.00 per student.

For Stormseal and open enrollment trainings, ENSA requires a minimum of four students enrolled in a class. If the minimum enrollment has not been met five working days ahead of the start date, the course could be cancelled. If cancelled, the client will have priority enrollment for the next scheduled Stormseal training dates, or any future dates preferred by the client.

 

PAYMENT TERMS:

Full payment for the course must be received 5 days prior to the scheduled training unless an agreement with ENSA has been approved.

All payments must be made in full and can be made by check, credit card, or by wire/money transfer to ENSA.

 

ADDITIONAL CONDITIONS:

As required under Global Wind Organization (GWO) Approved Training Standard – Work at Height & Rescue – Wind Turbines (WAHR) Section 2.2.2 Medical & Fitness, all delegates must be able to provide evidence of their capability and medical fitness to undergo the training.

  1. At the time of registration (booking) of the delegate into the course; and
  2. At the commencement of training, prior to any practical exercises being conducted.

Suitable evidence for (1) shall include a medical certificate accepted by the delegates employing organization or a declaration by the employer stating acceptance of the medical fitness of the employee to attend the training.

Suitable evidence for (2) is the delegate’s self-declaration within the signing of the course registration form on the day of the training course.

 

Students are obliged to wear suitable clothing, work boots (with a heel if climbing). Students wishing to use their own PPE during training must bring the inspection and certification history. Students must attest they are medically fit and are aware of user weight limitations outlined under their OHS Act (Federal/State or Provincial), are within the defined limitations specified, and they will be required to sign a waiver to this effect before commencing training.

ENSA, A Division of Mallory Safety & Supply, LLC.. reserves the right to suspend training at any time should the student’s medical condition be in question.

An equipment list specific to training program is available upon request as per the course synopsis.

 

ISSUING OF ENSA CERTIFICATION:

Upon evaluation, all successful students are issued a wallet card within 5 business days of the last day of the course, indicating its successful completion. Unsuccessful students will be informed immediately and all remediation options will be discussed with the student and his or her supervisor, as appropriate.

Within 5 business days of the last day of the course, the client training contact will be emailed a digital version of the student certificate of achievement.

Upon request, an electronic copy of the course registration form, training release waver, and the student’s evaluation documents will be issued to the client training contact.

Clients registered under ENSA’s CIP program – electronic certificates, physical wallet cards, and copies of the course administrative documents will be provided to the client training contact.

 

WAIVER AND RELEASE:

Hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE ENSA, Mallory Safety and Supply, training instructors, training supervisors or “chiefs”, officials, rescue personnel, facility and location owners, lessors, lessees, inspectors, surveyors, underwriters, consultants, attorneys and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the TRAINING, facilities and locations, and each of their affiliated owners, subsidiaries, shareholders,

officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, assigns, affiliated organizations and entities, and all other persons or entities participating or involved in the TRAINING (hereinafter collectively “RELEASEES”), FROM ALL LIABILITY to the Client Organization, as identified in Booking Form sheet, and its affiliates, including those identified herein as STUDENTS or those participants in the TRAINING who are not identified herein as STUDENTS (hereinafter collectively “CLIENT” OR “RELEASING PARTY), for any and all loss or damage and any claim or demands therefore on account of INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH of the CLIENT arising out of or related to the CLIENT’s participation in any way in the TRAINING and/or the RELEASEES’s presence in or upon the RESTRICTED AREA where the TRAINING is or will be taking place, even that caused by the ordinary NEGLIGENCE of the CLIENT (hereinafter “LIABILITY”).  The LIABILITY encompasses, but is not limited to, active or passive conduct, ordinary NEGLIGENT RESCUE EFFORTS, and ordinary NEGLIGENT enforcement of (or the failure to enact or enforce) rules, regulations and guidelines.  It also encompasses, without limitation, LIABILITY concerning the ordinary NEGLIGENT selection, use, operation, design and/or maintenance of any equipment, facility, location, or service related to the TRAINING.

 

MEDICAL CONSENT AND RELEASE:

Hereby specifically AUTHORIZES AND CONSENTS TO RELEASEES providing and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the TRAINING or during the CLIENT’s presence in or upon the RESTRICTED AREA.  CLIENT expressly WAIVES AND RELEASES AND AGREES TO HOLD RELEASEES HARMLESS from and against any and all LIABILITY arising therefrom.

 

EXPRESS ASSUMPTION OF RISK:

Hereby acknowledges that the TRAINING is EXTREMELY DANGEROUS and involves the RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE.  This agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with participation in the TRAINING, which includes, but is not limited to, the risk of falling from extreme heights, serious injuries to any and all body parts and extremities, heat stroke or exhaustion, dehydration, windburn, electrocution, whiplash, concussions, rope burns, being struck by vehicles, objects, or equipment and/or making contact with or colliding with other participants or other persons and natural or manmade objects, and encountering fire and/or chemicals.  The TRAINING will include participants of all skill and experience levels and varying types of equipment, and CLIENT expressly assumes the risks associated with mixed and varying skill levels and varying equipment.  RELEASING PARTY also acknowledges that there may be undefined and presently unknown risks and dangers associated with the TRAINING, and that there may be risks and dangers that may result from the ordinary NEGLIGENCE of the RELEASEES.  This includes the potential ordinary NEGLIGENCE in the implementation or enforcement of (or the failure to implement or enforce) any rules, regulation or guidelines related to the TRAINING and/or the potential ordinary NEGLIGENCE in the selection, use, operation, design, or maintenance of any equipment, facility or service related to the TRAINING.  CLIENT hereby expressly assumes all such risks and dangers whether presently known or unknown.  The CLIENT, also expressly acknowledges that injuries received may be compounded or increased by ordinary NEGLIGENT RESCUE OPERATIONS OR PROCEDURES of the RELEASEES or others.

 

INDEMNITY AND HOLD HARMLESS:

Hereby agrees to DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage or cost (including attorneys’ fees and court costs) they may incur arising out of or related to the UNDERSIGNED’s participation in the TRAINING in any way or related to CLIENT’s presence in or upon the RESTRICTED AREA, whether cause by the ordinary NEGLIGENCE of the RELEASEES or otherwise.  CLIENT also hereby agrees to DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or cost (including attorneys’ fees and court costs) caused by or arising out of any action or failure to act by CLIENT during or in connection with CLIENT’s participation in the TRAINING, and/or arising out or CLIENT’s improper, tortious, and/or criminal conduct.

 

INFORMED CONSENT AND VOLUNTARY PARTICIPATION:

Fully acknowledges and understands that he or she will be involved in height safety training, a hazardous physical activity.  Such participation in the TRAINING will require physical and mental stamina and strength and will involve dangerous and changing circumstances and conditions.  CLIENT has taken it upon himself or herself to be fully informed of the numerous inherent risks and potential dangers associated with the TRAINING, including the RISK OF BEING INVOLVED IN AN ACCIDENT AND SUFFERING SEVERE PERSONAL INJURY OR DEATH.  CLIENT acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED.  CLIENT acknowledges that his or her participation in the TRAINING is completely voluntary, and he or she believes that the potential benefits of participation outweigh the risks and danger associated with the TRAINING.  CLIENT acknowledges the need to provide his or her employer with a pre-participation physical release from a doctor or licensed health care provider acceptable for strenuous activity allowing participation in such training and acknowledges through self-declaration within the returning of this document suitable evidence of the employer’s pre-participation physical release. CLIENT acknowledges that he or she has been able to ask questions regarding the TRAINING, and that all questions have been satisfactorily answered.

 

OTHER PARTICIPANT AND CLIENT OBLIGATIONS:

Acknowledges that it is his or her responsibility to do all of the following: (1) fully disclose to RELEASEES any health issues or medications that are relevant to participation in the TRAINING; (2) inform RELEASEES if there are any activities or aspects of the program about which the CLIENT does not feel comfortable; (3) cease participation and promptly report any physical discomfort, illness or complications; and (4) clear his or her participation with his or her personal physician.  CLIENT also acknowledges that he or she bears full responsibility to become aware of and familiar with any and all rules, regulations, and instructions, and to follow such rules, regulations and instructions.

 

Acknowledges, the nature of high risk environment demands annual training, as part of this requirement the two year certification period stated on the ENSA training certificate is only recognized if the employer and employee take it upon themselves to initiate and conduct an annual in-house refresher training. Failure of the employer/employee to conduct such training by the anniversary will result in the invalidation of the certificate.

 

Hereby agrees that this Agreement extends to ALL ACTS OF ORDINARY NEGLIGENCE by the RELEASEES, including premises liability and NEGLIGENT RESCUE OPERATIONS, and it is intended to be as broad and inclusive as is permitted by law.  CLIENT acknowledges that THIS AGREEMENT IS INTENDED TO BE FULLY SEVERABLE, and that if any portion of this Agreement is held invalid, it is agreed that the balance the Agreement shall continue in full legal force and effect.  That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy.  This Agreement is to be interpreted and enforced under the laws of the State of California.

 

Hereby accepts all terms set forth herein and acknowledges this is the complete agreement between the parties regarding these issues, and CLIENT agrees and acknowledges that NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS HAVE BEEN MADE APART FROM THIS AGREEMENT.  RELEASING PARTY HAS COMPLETELY READ THE ENTIRETY OF THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT THIS IS AN IMPORTANT LEGAL DOCUMENT AFFECTING SUBSTANTIAL LEGAL RIGHTS.  CLIENT SIGNS THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO HIM OR HER AND CLIENT INTENDS HIS OR HER SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.  CLIENT was given ample opportunity to read the Agreement and/or have it reviewed by legal counsel of his or her choice.  CLIENT was also offered a copy of this Agreement.

 

ACKNOWLEDGEMENT OF TERMS AND CONDITIONS:

By returning the completed Booking Form, CLIENT both confirms their participation in the TRAINING herein described and PROVIDES AN ELECTRONIC ACKNOWLEDGEMENT (in lieu of signature) ACCEPTING THE TERMS AND CONDITIONS HEREIN.  Additional acknowledgement will be required of STUDENTS participating in the TRAINING recognizing the inherent hazards and risks associated with the TRAINING, medical fitness requirements, personal protective equipment, and behavioral safety; however, no further release or waiver of liability will be required of individuals participating in the TRAINING.