Terms of Use and Disclaimer of The Aegis System™
Acceptance of the Terms of Use
The following terms and conditions (these “Terms”) govern your use of The Aegis System and the manual and other training materials related thereto (collectively, the “System”). By using the System, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not use the System, and you must return all materials related to the System in your possession to us. We reserve the right to modify the System in our sole discretion at any time. By using the System, you agree to the following:
Use Requirements
The System may only be used by employees who have been trained on the System and authorized to use the System by Aegis Training Solutions, LLC (the “Company”). Any other use is strictly prohibited. The System is being provided “as is” without any warranty of any kind. The Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the System. The Company shall have no obligation relating to errors, omissions, misuse or misunderstandings that arise or result from any person’s use of the System. The Company shall not be liable for any claims or damages of any kind whatsoever resulting from the use of the System.
You hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company and its officers, managers, employees, instructors, agents, affiliates, members, successors and assigns (collectively, the “Releasees”), arising out of or attributable in any way to the System. You covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
Intellectual Property Rights
The System and its entire contents are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may use the System for its intended use only. You are not entitled to copy, modify or alter the System in any way. The Company name, the Company logo and all related names, logos and designs are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
Aegis Consent, Release, and Waiver
https://www.theaegissystem.com/wp-content/uploads/2023/08/Consent_Release.pdf
Aegis Training Solutions, LLC (Aegis) Operational Policy
Policy Pertaining to STAFF Certification
Trainer Certification: Trainer certification is valid for 1 year from the date of certification and may only be issued by Aegis Training Solutions, LLC (Aegis) instructors at Train-the-Trainer (TtT) sessions.
Trainer Recertification: At 12 months, recertification is required at an Aegis TtT session. Trainer recertification is a 1-day commitment. There is a 2–3-month scheduling buffer for annual recertification, with the exception of organizations that operate within the state(s) of Utah and Georgia (where there is no buffer past 12 months).
Staff Certification: Any agency or organization that utilizes The Aegis System™ is ultimately responsible for maintaining their internal staff certifications. Certification issued to staff by Aegis Trainers is per their performance-based assessment of staff participation. The staff certification process is outlined in the Aegis Teaching Guide and necessary documentation is found in the Aegis Client Portal. Only certified Aegis Trainers are permitted to access the Aegis Client Portal and issue staff certification at their place of employment. Any other use of the Aegis System™ is a violation of Aegis Terms of Use.
Organizations may elect to break the classroom portion into modules but certification is not to be awarded to staff until the training in completed. Modules must be completed in a timely manner (within 3 months’ time) for certification to be valid.
When certifying staff in the Aegis Holds (benevolent use of restraint), Aegis Trainers are not to exceed a ratio of 15 staff to 1 Aegis Trainer per session.
Training Hours for Staff Certification: Staff must complete 4 hours of training in physical skills (section 4) and 4 hours of classroom training (sections 1, 2, and 3 and the classroom components of section 4), at a minimum, to receive certification. More training is encouraged.
Training Hours for Staff Recertification: At 12 months from the initial staff training, staff must receive a minimum of 2 hours of training in the physical skills and 2 hours of classroom training to receive recertification. More training is encouraged. A 2–3 month-buffer for annual staff recertification is allowed, with the exception of organizations that operate within the state(s) of Utah and Georgia (where there is no buffer past 12 months).
Each organization utilizing The Aegis System™ is encouraged to use a format for training that best suits their operations. Aegis consultants are available to help organizations customize training formats that suit their operations while still falling within Aegis operational policy.
Never, for any reason or under any circumstances, is a person to execute a benevolent restraint if Aegis Trainer or Aegis Staff certification has not been received or has lapsed. If a staff member is in a situation where they are not certified to use an Aegis Hold and there is an imminent safety threat, they are to get help as expediently as possible. No resident/client/patient/student should ever be involved in a physical intervention/benevolent restraint with another person for any reason.
Additional Policy
Individualized Approach: Organizations utilizing The Aegis System™ are expected to operate with attention to pertinent individual (past and present) psychological/mental disorder diagnoses and pertinent individual history. Organizations utilizing The Aegis System™ are also expected to operate with full attention to pertinent medical history.
Pertinent Medical History and Current Diagnosis
Intervening staff are expected operate with knowledge and consideration of pertinent medical history and to factor current medical diagnosis. Benevolent restraint should not be used if there is a current diagnosis or pertinent medical history that makes the use of benevolent restraint unsafe. Benevolent restraint should be discontinued if any contraindication is observed or becomes known while using an Aegis Hold.
Duration: The duration of an incident is a significant variable. Consistent with the Least Restrictive Option (see section 4 Introduction), all physical interventions must only be maintained for the least amount of time possible (see Signs of De-escalation and Releasing, section 4.12). Greater risk is associated with longer-lasting physical interventions.
Any incident where a benevolent restraint exceeds 10 minutes is considered high-risk. All reasonable effort must be made not to hold a person in benevolent restraint past 10 minutes. This best effort includes any nonphysical alternative. At this 10-minute mark, staff are expected to:
- Take any and all reasonable actions possible to release.
- Consider lowering the level of hold.
- Consider changing positions (i.e., transitioning from sitting to standing).
- Rotate staff if possible.
- Consider and reconsider the risk factors specific to the individual and environment.
- Consult the Eagle (person monitoring) or any team member or clinician available for support.
Medical support should be notified and in position for a quick response for any incident persisting past the ten-minute mark. Staff should contact a clinician, licensed practitioner, prescribing professional, oversight point of contact, supervisor, etc., for instruction.
Aegis expects an actionable safety response to be documented at the 10-minute mark for any physical intervention that persists past the 10-minute mark. Aegis encourages each organization utilizing The Aegis System™ to include this 10-minute mark in their data collection. Each organization utilizing The Aegis System™ is expected to be in compliance with any relevant state licensing, oversight authority, or accrediting body guidelines for monitoring the duration of incidents of benevolent restraint.
Seclusion: Aegis does not instruct or advocate for the use of seclusion.
Hydration: Organizations utilizing The Aegis System™ are expected to monitor hydration levels of the population served.
Staffing: Organizations that utilize The Aegis System™ are expected to maintain staff ratios (to population served) consistent with relevant compliance/licensure guidelines administered by their state of operation and/or accrediting body.
Frequency: Special attention must be given to incidents of benevolent restraint that occur repeatedly within a 12-hour period. This includes individual behavior support planning and advisement from licensed clinical professionals and/or supervising personnel. Incidents of frequency warrant some form of staffing adjustment: the addition of staff, rotation of staff, or additional involvement of other clinical professionals.
Weapons: The Aegis System™ instruction and certification of Aegis Holds (manually applied benevolent restraint techniques) are not relevant when a person has a weapon. Aegis does not include anything related to weapons in its instruction.
CPR/First Aid: Organizations that utilize The Aegis System™ are expected to maintain the presence of staff that are, at a minimum, certified in CPR and First Aid at all times. Organizations that utilize The Aegis System™ are expected to have an established plan/policy/procedure in place for the population served to have timely/immediate access to licensed physicians and emergency medical professionals.
Zero Tolerance: Organizations that utilize The Aegis System™ are expected to publish and enforce a zero-tolerance policy for the coercive use of restraint (defined in section 4) and for staff counter-aggression.
Staff counter-aggression is a potential staff reaction to aggression. It may include passive aggression in the form of emotional violence or violent communication. Staff counter-aggression may also come in the form of using too much force or using benevolent techniques aggressively. If staff counter-aggression is observed in training, that individual staff person should never receive Aegis Staff Certification and the details should be documented in a Performance Review.
Pregnancy: Women who are known to be pregnant should not participate in training the Aegis Holds (benevolent restraint techniques). Under no circumstances should pregnant women perform an actual restraint. Pregnant women should egress from any physical incident. Each agency utilizing The Aegis System™ should make their own best decision about pregnant women participating in the escaping unwanted contact portion of physical training.
Least Restrictive Option: Organizations that utilize The Aegis System™ are expected to maintain the tertiary design of the Aegis Holds (benevolent restraint techniques) to support staff with employing the least restrictive option at all times.
Communicating the Safety Concern: Organizations that utilize The Aegis System™ are expected to offer transparency to people held in benevolent restraint by communicating (in a timely manner, after the resolution of an incident) what the specific safety concern was that led to the use of benevolent restraint.
Section 4 Instruction: Organizations that utilize The Aegis System™ are expected to instruct section 4 in its entirety with absolute concern for fidelity to both the classroom component and physical skills practice. Procedure published in section 4, but not included in this document, may also be taken as operational policy.
Feed the Bite: The Aegis System™ does not support the bite escape technique commonly known as “feed the bite,” which involves a staff person pushing their arm into the mouth of a person who is biting them. The concern with this technique is that it may camouflage aggression and may present an airway obstruction.
Annual Review: Aegis expects organizations utilizing The Aegis System™ to, at a minimum, review data on the benevolent use of restraint (frequency and outcomes) on an annual basis and evaluate relevant policy and procedure. Quarterly review is suggested and mandatory in the state of Georgia.
The Use of “Time Out”: “Time out” is a potentially ambiguous term with an alarming precedent in schools and in-patient facilities working with at-risk youth. Aegis encourages the use of cooldown-type interventions that promote self-regulation by utilizing a stimulus-reduced space (as a potential alternative to restraint). Aegis discourages the use of referring to this type of intervention as “time out.” Aegis forbids any type of intervention, along these lines, that could be mistaken for the unsanctioned use of seclusion. Cooldown-type interventions are not to be utilized in a room or area that has any physical or mechanical barriers that restrict voluntary movement and are 100% supervised by staff.
No physical Aegis technique should be used with a child under 9 years of age.
Post-Incident Communication: Organizations utilizing The Aegis System™ should have policy that clearly identifies communication and reporting that must take place after each incident of (benevolent) restraint, including verbal and written notification (to guardian, licensing agent, oversight authority, supervising professional, etc.) within a reasonable and immediate time period (never more than 24 hours). This policy should clearly outline the communicating and reporting process and identify specific points of contact. Organizations that do not have licensure code or compliance procedure that satisfies this policy are expected to perform their own diligence here and initiate policy in compliance with this expectation. Aegis consultants are available to advise.
Physical Intervention Ratio: Any 4-to-1 (staff to escalated person) intervention is discouraged and only allowed when a staff member decides to hold the legs of an escalated person when they are in The Aegis Safety Position™. Holding legs is discouraged because it will most likely take longer for a person to de-escalate when they have a staff person directly in front of them in their focus. Additionally, the staff member that is holding legs is at higher risk of being struck and/or spit on by the escalated person.
- If staff do make the decision to hold legs, then never, for any reason, is any grip, pressure, or body weight to be applied above the knee.
- Cross the legs of the escalated person and maintain a hold in the most available fashion below the knees.
- Aegis expects each participating organization to make their own policy decision about holding legs.
No other 4-to-1 interventions are instructed or supported by Aegis outside of this specific 4-to-1 occurrence.
No 5-to-1 (staff to escalated person) or greater ratio interventions are instructed or supported by Aegis because they are determined to be much higher risk of injury and positional asphyxia.
Adult Learning: Organizations utilizing The Aegis System™ are expected to maintain the fidelity of the training program with respect for its learning design that is geared towards adult learners. Aegis users are expected to adhere to the structure provided in the Aegis Trainer Scripts (found within the online Trainer Portal). Additional support is offered in Appendix IV of The Aegis System™ Working withAdult Learners.
Staff Certification/Teaching Ratio: Certified Aegis Trainers are not permitted to certify any staff in Physical Intervention outside a ratio of 1 Certified Aegis Trainer to 15 participants.
Escorting: Escorting is moving a person from one point to another while they are in a benevolent restraint. The Aegis System™ does not identify a specific escorting technique because transitions from a hold to a specified escorting technique are a likely time for an escalated person to react. This often unintentionally synchronizes resistance, with staff re-gripping. Aegis identifies this type of occurrence as having a higher risk of injury and has made great effort to avoid it.
By design, any combination of Aegis holds works to transport a person from point A to point B when needed. If needing to escort or transition to another location, staff simply stand (if seated) and move in a coordinated fashion while maintaining whatever hold has been achieved; there is no need to re-grip or transition to another technique. With this being said, Aegis does highlight that the Level 4 hold (reverse Level 1) is an effective escort technique.
Never, for any reason, is a person to be transported or escorted with their body in the seated or plank position. A person’s feet must be in contact with the ground to be escorted.
Aegis Service Agreement
ACCEPTANCE OF THE TERMS OF USE
The following terms and conditions (these “Terms”) govern your use of The Aegis System, including online course content, the manual and other training materials related thereto (collectively, the “System”). By using the System, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not use the System, and you must return all materials related to the System in your possession to us. We reserve the right to modify the System in our sole discretion at any time. By using the System, you agree to the following:
USE REQUIREMENTS
The System may only be used by employees who have been trained on the System and authorized to use the System by Aegis Training Solutions, LLC (the “Company”). Any other use is strictly prohibited.
DISCLAIMER
THE SYSTEM IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS FOR COMMERCIAL USE ONLY. NEITHER THE COMPANY, ITS AFFILIATES, LICENSORS, OR SUPPLIERS, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, MAKES ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED OR STATUTORY, WITH RESPECT TO THE SYSTEM, INCLUDING ANY CONTENT OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE SYSTEM.
WITHOUT LIMITATION TO THE FOREGOING, ANY IMPLIED WARRANTY, CONDITION, OR REPRESENTATION ARISING FROM A COURSE OF DEALING OR INDUSTRY CUSTOM OR OPERATION OF LAW IS EXPRESSLY EXCLUDED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED. THE COMPANY MAKES NO WARRANTY, CONDITION, OR REPRESENTATION THAT THE SERVICES, INCLUDING ANY CONTENT OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE SYSTEM, WILL BE TIMELY, FREE FROM ERRORS OR OMISSIONS, OR UNINTERRUPTED, OR THAT ANY MATERIAL OR NON-MATERIAL ERRORS, OMISSIONS, OR DEFECTS WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY, CONDITION, OR REPRESENTATION THAT THE SYSTEM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOUR USE OF THE SYSTEM WILL BE SECURE. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SYSTEM, INCLUDING ANY CONTENT OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE SYSTEM, IS ACCURATE OR SUFFICIENT FOR YOUR AUTHORIZED USE OF THE SYSTEM.
THE CONTENT AND INFORMATION CONTAINED ON OUR SERVICES IS NOT INTENDED TO CONSTITUTE LEGAL, ACCOUNTING, TAX, OR FINANCIAL ADVICE FROM A PROFESSIONAL ATTORNEY, ACCOUNTANT, FINANCIAL PLANNER, OR TAX PREPARER. THE COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENTNESS OF THE CONTENT AND INFORMATION CONTAINED ON THE SERVICES.
INTELLECTUAL PROPERTY RIGHTS
The System and its entire contents are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may use the System for its intended use only. You are not entitled to copy, modify, alter or resell the System in any way. The Company name, the Company logo and all related names, logos and designs are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Client will ensure its officers, employees, agents and contractors comply with the terms of this Section and Client will be responsible for any breach of this Section by its officers, employees, agents or contractors.
PAYMENT
Customer shall pay Aegis the Fees set forth on each Service Order Form in accordance with the terms and conditions set forth on such Service Order. Any Fees which are past due hereunder shall bear interest at a rate of 5% per month (or, if lower, the maximum rate permitted by applicable law). All Fees paid to Aegis hereunder are nonrefundable. Any amounts payable hereunder are exclusive of all sales taxes, value added taxes, duties, use taxes, withholdings and other governmental assessments. Customer shall pay all such taxes and governmental assessments associated with the Services (excluding taxes based on Aegis’s net income). Aegis may change the Fees from time to time hereunder by providing sixty (60) days’ prior notice to Customer; provided that any change in Fees with respect to a particular Service Order Form shall not go into effect until the commencement of the next renewal term of such Service Order Form.
REPORTING
Upon request, and not to exceed once per per month, Aegis has the right to request a report showing the number of learners with access to the Aegis courses. Client will honor the request and will provide the report within 10 business days. If the report shows more learners than currently paid for, Client will be invoiced for the additional learners on a pro-rated basis for the remainder of the license year.
TERMINATION FOR CAUSE
Either party can terminate the Agreement at any time for Breach of Agreement. At the time of breach, the terminating party will provide the other party with a written notice of the breach. The alleged breaching party has seven business days to correct the breach and if the correction has not been made or not made to the satisfaction of the other party, the Agreement will terminate on the eighth day following the notice.
EFFECTS OF TERMINATION
Upon termination of this Agreement, Client will immediately remove content from all platforms and a Client Officer will confirm in writing that the content has been permanently removed. If confirmation of removal is not received within 20 days of termination, Client will be charged for a monthly license amount each month until the course removal confirmation is received. Upon request, Client will provide Aegis a full accounting of existing users (employees), and details about Aegis content that has been available to each named user (employee), and other data that Aegis may reasonable request in order to true-up any outstanding licensing fees.
If the Aegis learning center is being used, upon termination, Client will immediately take action to disable all of its user accounts in the Aegis Learning Center to ensure its users (employees) cannot access Aegis online training content. Client will also download any reporting data they may need and cease to access the system after termination. Aegis is under no obligation to retain data or provide data to Client after termination.
INDEMNIFICATION
Client agrees to defend, indemnify and hold harmless Aegis, its officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, due to or arising out of this Agreement, including Client’s violation of the Agreement, or due to or arising out of Client’s use or access to the System, including any content or information provided or made available on the System.
AUDIT
AEGIS has the right to conduct an audit of Client’s records related to Aegis content to confirm accuracy. Audit will be conducted at Client’s Headquarters, during normal business hours and Client will receive a minimum of a 14 day notice of the request for an audit. If the results of the audit show a 5% or greater error in total reporting, Client will pay for the cost of the audit including reasonable auditor’s fees and travel costs. Additionally, Client will need to pay Aegis the shortage amount within 7 days or a Notice of Breach will be issued.
LIMITATIONS OF LIABILITY
YOU HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE COMPANY AND ITS OFFICERS, MANAGERS, EMPLOYEES, INSTRUCTORS, AGENTS, AFFILIATES, MEMBERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), ARISING OUT OF OR ATTRIBUTABLE IN ANY WAY TO THE SYSTEM, INCLUDING ANY CONTENT OR INFORMATION PROVIDED OR MADE AVAILABLE ON THE SYSTEM. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
In no event shall Aegis be liable in connection with your use or access to the System, either during use of the System or any time thereafter, including after the termination of the Agreement, for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, goodwill, revenue, or other tangible or intangible losses, arising from: Aegis’ or Aegis’ partner’s technology downtime, outages, and all other reasons said technology is not working or functioning; the use of or inability to use the System or access the content or information contained within the System; the cost of procurement of substitute content; any other matter relating to the content or its accuracy, completeness, adequacy, currentness, or use. This Disclaimer of Liability applies to any damages or injury including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction. The Limitations of Liability and Disclaimers herein shall apply regardless of the form of action, whether for breach of contract, tort, or any other cause of action.
ASSIGNMENT AND RELATIONSHIP BETWEEN PARTIES
Client may not assign, transfer, sub-license or subcontract its rights and obligations under this Agreement without the prior written consent of the Aegis. Client and Aegis are independent contractors and nothing in this Agreement will be construed as creating an employer-employee relationship.
HIPPA COMPLIANCE
For purposes of this Agreement, “Protected Health Information,” shall have the same meaning as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) regulations on patient privacy, confidentiality, security, transactions and unique identifiers, 45 C.F.R. Parts 160, 164 and 142 (“Regulations”), at 45 C.F.R. §164.103. To the extent Aegis, by virtue of this Agreement, performs, or assists in the performance of, a function or activity involving the use or disclosure of Protected Health Information or any other function or activity regulated by the Regulations, Aegis agrees to execute Customer’s standard business associate agreement.
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- Non-Hosted Licensing (for use on Client’s learning management system).
For this licensing option, Aegis provides SCORM files to be uploaded and deployed in the Client’s learning management system. Aegis may provide updated content from time to time.
2. In-person delivery of The Aegis System™, Crisis Prevention and De-escalation Training per Aegis Service Order.