Academy Terms and Conditions (US)

Introduction

 

These terms and conditions (the “Terms”) govern your request to book or register for a training course(s) led by Kenyon International Emergency Services LLC (“Kenyon”).  By completing a registration or booking form, you agree to these Terms.  Please read them carefully.  If you do not agree with these Terms, do not continue. 
Kenyon reserves the right to modify these Terms, including any costs or fees, at any time in its sole discretion and without advance notice; provided, however, that the terms in effect when you book a training course will apply to your booking. You are encouraged to visit the site to review the then-current Terms. These Terms supersede and relace any prior or other agreement between you and Kenyon regarding booking or registering for training, whether verbal or written, including any purchase order. 
Please direct any questions to academy@kenyoninternational.com.

Kenyon reserves the right to review and may at any time revise these GTCs, including any fees stated herein, without notice and at its sole discretion; provided, however, that the terms in effect at the time you book training shall apply to your booking. 

Effective Date 

The Effective Date is the date upon which payment has been made and the booking confirmation has been sent.
Booking or Registering for a Training Course 
You may register for a training course, or request to book a training course, online or by completing a form.  To request a form, contact academy@kenyoninternational.com.  Otherwise proceed to https://www.kenyoninternational.com/training-and-consultancy/courses/ and complete a booking form online. 


Booking Confirmation


Any registration or request to book training remains provisional until you have paid in full.  Kenyon will not provide any training details, including the dates, times, location and venue, until it has received payment in full. You will receive confirmation by email after Kenyon has received payment in full. Thereafter, Kenyon will provide you with logistical and other information for your training course(s). 


Travel Reservations

Because any request to book training is provisional until it is confirmed, we recommend that you wait to make any travel arrangements. For the avoidance of doubt, the cost of any travel arrangements and related expenses (e.g., meals) is your responsibility and not included in the fee for any training.  

Payment 

Payment must be made prior to course commencement; bookings remain provisional and joining instructions will not be issued until payment is received.  We reserve the right to cancel or re-allocate the place if payment have not been received by Kenyon within the required timeframe of no later than fourteen (14) days before the course commences. Payment can be made on-line or via BACS payment. All payments are to be paid in full without set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). 

Cancellations, Deferrals (Rescheduling), and Refunds
To cancel your course registration, you must provide us with notice of cancellation in writing by sending an email to academy@kenyoninternational.com
If you cancel training that has been confirmed, your eligibility for a refund is limited as follows:

Notice of Cacellation Refund
More than 30 days before the first day of training 100% Refund
Less than 30 days but more than 15 days before the first day of training 50% Refund
Less than 15 days before the first day of training No Refund

 

As an alternative to cancelling your training, you may reschedule a training course to a future date, for an additional cost (a “Deferral Fee”). To postpone training, you must provide us with a notice of deferral in writing by sending an email to academy@kenyoninternational.com. The following deferral fees will apply, and the fee must be paid in full before the next training can be scheduled.

Notice of Deferral (Rescheduling) Deferral Fee
More than 30 days before the first day of training No Fee
Less than 30 days but more than 15 days before the first day of training 30% of the Total Course Fee
Less than 15 days before the first day of training 60% of the Total Course Fee

 

Kenyon does not offer any refund for no-shows. 

Kenyon reserves the right to cancel a course at any time and for any reason, in its sole discretion.  In that event, you will be notified as soon as possible, and you will be offered either (i) a full refund or (ii) the opportunity to participate in a future course, at no additional cost. 
All refunds will be returned to the original form of payment.

Sending a Substitute; No Assignment; No Reselling

In the event an individual cannot attend a training course, instead of cancelling or deferring, they may send a substitute (alternate) student to take their place. You can do that at any time, free of charge, by notifying Kenyon by email. Please include the substitute’s full name, email address, mobile telephone number, and employer name (if applicable).  The notice should be sent to academy@kenyoninternational.com.

While you can send a substitute (alternate) student, you are prohibited from assigning, transferring, or offering this agreement to any other person or entity, unless Kenyon provides you with advance written consent to such assignment. 

You are prohibited from reselling any training course, and you are prohibited from receiving payment from any substitute (alternate) who attends a course as a substitute for your participation.

Transfers

In the event of a delegate transferring their registration for training to a later training date the following transfer charges will apply:

  • Over 4 weeks prior to commencement of training: No charge 
  • 2 - 4 weeks prior to commencement:  30% of the course fee
  • Less than 2 weeks prior to commencement: 60% of the course fee

The transfer option only applies to delegates transferring to the same Academy course on a different date within 12 months of the original course start date.  All terms and conditions remain the same as for the originally booked course and date. Transfers can only be used once. If that transfer is then later cancelled and/or the delegate fails to attend, the full course fee remains payable. The choice of revised date must be specified at the time of the transfer. 

Fees

Kenyon reserves the right to refuse admission if payment has not been received prior to attending the course. All our fees are inclusive of course materials. For in person delivery refreshments and lunch will be included. All other expenses including, but not limited to, subsistence, accommodation and transportation are not included unless otherwise stated. All fees on our website are current at the time of publishing. 

Course Content, Dates & Venues

Kenyon reserves the right to change venues and trainers and alter or cancel published dates without liability. Due to the evolving nature of our training courses and our commitment to continuous improvement initiatives, Kenyon reserve the right to change the course content and / or trainer, at any time.

Intellectual Property Rights

All rights reserved. Whilst some of the material delivered during this course is in the public domain, the majority is either directly copyright protected by Kenyon or the method of delivery remains the Intellectual Property Right of Kenyon. No part of these training materials shall be reproduced or utilised, in any form, or by any means, including photocopying, recording, or taking screenshots by any information storage and retrieval system for the commercial benefit of the delegates or any third party.

Limitation of Liability

Nothing in these GTCs shall limit any liability which cannot be legally limited including death or personal injury caused by negligence or frau or fraudulent misrepresentation. Kenyon shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising.

Force Majeure

Kenyon shall have no liability to you or the delegate under the GTCs if it is prevented from or delayed in performing its obligations under the GTCs, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Kenyon or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that your or the delegate  is notified of such an event and its expected duration.

Assignment

You or the delegate shall not, without the prior written consent of Kenyon, assign, transfer or sub-contract or deal in any other manner with all or any of its rights or obligations under the GTCs, such consent may be withheld in Kenyon's sole discretion. Kenyon may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the GTC’s.

Entire, Binding Agreement

Your executed form, these Terms, our Privacy Policy, and email confirmation for your booking constitute a binding agreement between you and Kenyon regarding your booking for training.

Governing Law and Jurisdiction

These Terms, and any dispute arising from or referring to these Terms, shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A, excluding its choice of law provisions.

Dispute Resolution and Arbitration

Any dispute arising out of these Terms shall be first escalated internally to a Kenyon executive that has authority to resolve such dispute. You can do that by submitting your dispute in writing, by email, to academy@kenyoninternational.com.  If the dispute cannot be resolved, it shall be settled by binding arbitration before a panel of one (1) arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association, unless such arbitration is prohibited by law. Judgment on the award may be entered in any court of competent jurisdiction. The location of arbitration shall be in Wilmington, Delaware, or the jurisdiction appliable to your billing address. No class arbitration shall be allowed, unless such prohibition is not permissible under appliable law. In the event you fail to pay any sums due to Kenyon hereunder at the time such sums are due to be paid, Kenyon shall be entitled to recover all reasonable attorneys’ fees and costs from you related to or arising out of any efforts to collect such sums from you, including any legal proceedings or arbitration that is commenced to collect such sums.  

Class Action Waiver

Except as otherwise provided in this paragraph, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Kenyon specifically agree to do so in writing following initiation of the arbitration.

Limitation of Liability

Add this clause to the existing text: “Kenyon is not liable for the cost of any travel arrangements, including cancellation fees or other penalties.”

Warranty Disclaimer

KENYON’S TRAINING SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU.  KENYON EXPRESSLY DISCLAIMS ALL WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ITS TRAINING SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.  WITHOUT LIMITING THE FOREGOING, KENYON MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION THAT ANY TRAINING OR COURSE WILL MEET YOUR REQUIREMENTS.  

Contact Us

If you have any questions about these Terms, please email academy@kenyoninternational.com.  You can find out more about the courses we offer at https://www.kenyoninternational.com/training-and-consultancy/
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