AIR AMBULANCE CARD PROGRAM TERMS AND CONDITIONS
OVERVIEW
During the Term, Members may contact Air Ambulance Card, LLC (the “Company” or “AAC”) to request Air Ambulance Program Services when the Member is hospitalized as an inpatient due to illness or injury at a hospital that is more than 150 miles from their primary legal residence. In such an event, Company will arrange and pay for air medical transportation, medical evacuation, and repatriation services to the hospital of the Member’s choice.
DEFINITIONS
- “AAC” means Air Ambulance Card, LLC, an indirect air carrier authorized under U.S. Department of Transportation to provide the Air Ambulance Program Services as more fully described herein.
- “Air Ambulance Program Services” means the services provided by AAC as more fully described herein.
- “Air Ambulance Program Service Fees” means the fee for enrollment in the Program.
- “Dependent Child” is an unmarried person under age 26 who lives regularly and permanently with the Member in a parent-child relationship (including step, foster or legally adopted children) and is chiefly dependent upon the Member for support.
- “Family Member” means the spouse, domestic partner, or unmarried Dependent Child of a Member enrolled in the Program.
- “Member” means an eligible individual enrolled in the Program.
- “Program” means the AAC Air Ambulance Program Services program.
- “Term” means the term of the subscription purchased by the Member.
GENERAL TERMS AND CONDITIONS
- AAC desires to make the Program available to those eligible individuals and their Family Members (for family memberships only) who desire to enroll in the Program and become Members.
- Intentional or unintentional errors or omissions in information provided to AAC may result in refusal of services and/or cancellation of the Member’s membership.
- These Terms and Conditions may not be altered, varied, or modified in any way except by Company which reserves the right to change or amend these Terms and Conditions without notice to Members.
ENROLLMENT
- An eligible individual, and for family memberships only their spouse or domestic partner and up to five (5) Dependent Children, may enroll in the Program.
- If a birth or legal adoption occurs during the Term, the new Dependent Child will be enrolled on the Program after the Member has informed Company of this event.
- Membership eligibility is limited to individuals between the ages of 16 and 74 (for individual memberships) and between the ages of 75 and 84 (for senior memberships), all as of the date of the individual’s enrollment in the Program.
- Membership enrollments and renewals are non-transferable, non-refundable, and subject to approval by Company, whose decision is final.
- Family Members may be enrolled without any additional charge for family memberships only. No Air Ambulance Program Services will be provided to any Member or their Family Members until the Air Ambulance Program Service Fee is received in full by Company.
- Enrollment in the Program will expire at the end of the Term. Eligible Members will have the opportunity to re-enroll in the Program. An Air Ambulance Program Service Fee will be charged for each Member or family membership upon re-enrollment.
AIR AMBULANCE PROGRAM SERVICES
Members may contact Company to request Air Ambulance Program Services when the Member is hospitalized as an inpatient due to an illness or injury at a hospital that is more than 150 miles from their primary legal residence. Company will coordinate with Members and AAC to facilitate the provision of the following Air Ambulance Program Services provided by AAC to the Member in accordance with the following terms:
Transport Services While Traveling
AAC will provide air medical transportation and medical evacuation to the hospital of the Member’s choice if, during a period of uninterrupted travel of up to 90 days, the Member suffers an illness or injury sustained more than 150 miles from their primary legal residence and is hospitalized as an inpatient in a location that is more than 150 miles from their primary legal residence.
Transport Services to Specialty Hospitals
If a Member is hospitalized as an inpatient in the Member’s hometown hospital and requires admission to a specialty hospital located more than 150 miles from said hospital, and Member is unable to travel without continuous medical care, AAC will provide air medical transportation to the specialty hospital, provided that the Member’s receiving physician determines that the transport to the specialty hospital is medically necessary.
CONDITIONS OF TRANSPORTATION
- The Member must be hospitalized in a domestic or foreign hospital as an inpatient transferring to another hospital as an inpatient.
- The Member must be medically stable for Air Ambulance Program Services.
- The Member must have a confirmed admission at the receiving hospital prior to transport.
- The receiving physician must determine that the Member cannot be discharged and travel without continuous medical care.
- Both the originating and receiving hospitals must, in the judgment of Company, be reasonably accessible by ground ambulance to transport the Member to and from an airfield capable of accommodating medical aircraft provided by AAC.
- AAC and Company shall make all arrangements for air medical transportation and repatriation.
- Decisions regarding urgency of the case, the best timing, and the most suitable means of transportation will be made by the AAC Medical Director after consultation with the Member’s local attending physician and the Member’s receiving physician. Due to limited medical and laboratory facilities on cruise ships, in some cases the AAC Medical Director may require a Member to be admitted to a hospital on-shore before scheduling air medical transportation to another hospital.
- Membership does not provide helicopter transports or payment of hospital bills. Since AAC is a membership program and not an insurance plan, Members will not be reimbursed for expenses incurred by the Member in connection with their transportation or medical condition.
Travel Restrictions and Limits
- One individual (limited to a Family Member, business associate, or traveling companion) may accompany the Member, at no additional cost, on medical aircraft if space is available and the Member’s care is not compromised.
- Air Ambulance Program Services are limited to two separate transportation events per membership within a twelve (12) month period. The purchase of subsequent memberships or the shuffling of Family Members within a membership shall not reset this limit. A transportation event may include the transportation of multiple Family Members in one transport.
- The Member and an accompanying passenger are limited to one small carry-on bag each due to limited space available on medical aircraft. Company and AAC will assist in arranging for additional luggage to be forwarded at the Member's expense.
- Repatriation timeframe is dependent on required permits, visas, flight times, and mandatory crew rest periods. Repatriation flights will only involve the Member.
- Regarding the repatriation of mortal remains: embalming may not be available outside of North America. Documents required by some countries can delay transport by several days. Caskets, other than those certified for airline transport, are not included. Company representatives must make all arrangements for the transport of mortal remains. No reimbursement will be made for expenses incurred by Members.
Exclusions.
- AAC is not a first, or emergency, responder and will not transport or reimburse for transport to a hospital for initial treatment, emergency treatment, or diagnosis. Transports must originate from a hospital after the Member has been admitted as an inpatient.
- U.S. registered aircraft and personnel cannot be sent into countries where the U.S. State Department has issued travel restrictions, to areas where civil aviation has been suspended or restricted, such as the result of a natural disaster or civil unrest, or to areas subject to a U.S. Centers for Disease Control and Prevention (CDC) Level 3 Warning. Membership services are subject to exclusion in these areas.
- A Member with simple injuries (such as sprains, simple fractures) or mild illness that can be treated by local doctors and do not, in the judgment of Company, prevent the Member from continuing their trip or returning home does not qualify for Air Ambulance Program Services.
- A Member who is hospitalized or anticipating hospitalization at the time of enrollment will not be eligible for Air Ambulance Program Services for that hospitalization. This includes injuries, illnesses, or conditions existing at the time of enrollment for which inpatient medical care (i) was received some time during the 30 days prior to enrollment, or (ii) has already been scheduled or recommended by a health care provider.
- If a Member is medically discharged from the hospital or leaves the hospital against medical advice, that Member will not be eligible for Air Ambulance Program Services.
- Transportation from remote areas or islands to a location with an airfield accessible to medical aircraft is not included in Air Ambulance Program Services and will not be provided. Costs of evacuation from these remote areas are the responsibility of the Member.
Additional Exclusions. A Member who, in the reasonable judgment of Company or AAC, meets any of the following criteria may not be transported:
- A Member beyond the second trimester of pregnancy;
- Due to FAA weight limits on stretchers, Members weighing over 300 pounds;
- A Member traveling for the specific purpose of receiving medical care;
- A Member with a communicable disease requiring isolation or quarantine;
- A Member with an infectious disease under treatment at the time of enrollment if the requested transportation is related to the infection;
- A Member hospitalized with a psychiatric disorder;
- A Member hospitalized for alcohol or drug abuse, including addiction, withdrawal, or complications from abuse;
- A Member seeking transportation for an organ transplant or related condition;
- A Member seeking experimental or elective treatment, or participation in a clinical trial or study;
- A Member seeking treatment for an illness or injury that is sustained while the Member is in a state of mental incapacity or is the result of or is contributed to by any the following: (a) war, invasion or civil war; (b) suicide, attempted suicide or intentional self-injury; or (c) the Member's own criminal or felonious act;
MISCELLANEOUS
- Air Ambulance Card is the registered trademark of Air Ambulance Card, LLC.
- Air Ambulance Card is an indirect air carrier authorized under U.S. Department of Transportation Order 83-1-36, 99 C.A.B. 801 (1983), and uses the services of licensed FAA Part 135 direct air carriers to meet the air ambulance or medical evacuation transportation needs of its Members. Air Ambulance Card does not own, lease or operate any aircraft. As an indirect air carrier, Air Ambulance Card contracts for the provision of air transportation services in its own name and coordinates the provision of medical services. All flights are operated by licensed direct air carriers. Air Ambulance Card must make all the arrangements for Air Medical Transport Services. Air Ambulance Card is not insurance and will not reimburse expenses incurred by Members who make their own arrangements for Air Medical Transport Services.
Effective as of 05/13/2024
SECURITY RESPONSE TERMS AND CONDITIONS
GENERAL TERMS & CONDITIONS
The Company agrees to provide the Client’s Named Users with Evacuation Services in the event of a Covered Event during the time period the applicable Named User is enrolled to receive Evacuation Services, subject to the Contract and the terms and conditions contained herein.
The following terms and conditions shall apply to the Evacuation Services:
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- All Evacuation Services will be arranged and provided by the Company or its agents.
- The Named User(s) must follow the advice of the security response team at all times.
- Client acknowledges that an evacuation may not be possible in all Covered Events. In the case that an evacuation is impossible due to hostile conditions, the Company will use security resources to maintain contact with the Named User(s) until evacuation becomes possible or the emergency is concluded.
- In the event the Named User is in an area in which political and military events, nuclear accident, or interference by authorities inhibits the security response team's ability to fully provide Evacuation Services, the security response team shall nonetheless use their best endeavors to provide services, without placing the security response team employees or, agents in a circumstance that may result in bodily harm or, in the security response team breaching any law or regulation and recognizing that obstacles beyond their control will affect the level of service. Company shall not be held responsible for failure to provide Evacuation Services or for delays caused by strikes or other conditions beyond Company’s control including, but not limited to, flight conditions, or where rendering of services is prohibited by local laws or regulatory agencies.
- Should a governmental authority in the applicable country intervene and provide evacuation, the Company shall not be required to provide Evacuation Services pursuant to the terms hereof.
- Named Users may be enrolled to receive Evacuation Services by paying AAC or the Company the applicable membership fees. Enrollment shall be subject to Company’s receipt of the applicable membership fees.
The following are not covered by the Evacuation Services:
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- Evacuation Services resulting from a Named User’s travel to an area or region where a Covered Event has occurred, if before commencing travel to that area or region the Named User was aware of or should reasonably been aware of the escalation in the level of recommendation by the government authority or company officials or the determination by the Company of a threat to life.
- Any expenses incurred by or response with respect to a Named User due to:
- the commercial failure, debt, insolvency, or the repossession of any property by a title holder or any other financial cause;
- the failure of a Named User to honor any contractual obligation or bond or to obey any condition of a license;
- the failure of a Named User to properly procure or maintain work, immigration, residence or similar visas, permits or other documentation;
- any alleged violation by a Named user of the laws or regulations of the applicable country, unless the Company determines that such allegations were intentionally false, fraudulent and malicious and made solely and directly to achieve a political, propaganda or coercive effect upon or at the expense of the Named User.
- Travel and accommodation arrangements and services that were neither coordinated nor approved by the Company.
- Any losses incurred by the Named User by failing to follow the advice of the Company and any valid claim costs that have been increased by the Named User’s failure to follow the advice of the Company.
- Evacuation Services for Named Users residing in or while traveling to the following countries: Afghanistan, Central African Republic, Ethiopia, Haiti, Iran, Iraq, Libya, Mali, Myanmar, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, Russia, Ukraine and Belarus.
- Evacuation Services for medical reasons, including, but not limited to, an epidemic or pandemic.
- Evacuation Services triggered by a Covered Event which precedes the Named User’s arrival in the region by a period in excess of twelve hours.
- Payment of any ransom money.
- Any of the following events occurring prior to the SOW Term:
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- officials of the country where the Client headquarters are located issuing for reasons other than medical, a recommendation that categories of person which include Named Users should leave the country in which such Named Users are temporarily resident or visiting, and/or
- officials of the country where the Client headquarters are located issuing for reasons other than medical, an escalation in their level of recommendation during the SOW Term that categories of person which include Named Users should leave the country in which such Named Users are temporarily resident or visiting, and/or
- both the Client and the Company agreeing that such Evacuation Services are necessary; and/or
- an insured person being expelled or declared persona non grata on the written authority of the recognized government of the country of temporary residence or visited, and/or
- the wholesale seizure, confiscation or expropriation of property, plant and equipment.
LIABILITY LIMITS
In no event shall the Expenses incurred by the Company to provide the Evacuation Services pursuant to this SOW exceed $500,000 in the aggregate or $50,000 per Named User. Any such Expenses incurred in excess of $500,000 in the aggregate or $50,000 per Named User shall be reimbursed by Client to the Company (provided that the Company shall use its reasonable efforts to notify Client of any such excess prior to incurring such amounts). The Client shall pay all Evacuation Services expenses up to $1,500 per Named User. Thereafter, Company will cover such expenses up to the limits set forth above.
Additional Named Users added to the Security Response Membership may result in an increase in the aggregate limit set forth above. In such event, the amended liability limits will be set forth in an updated Named User Annex or other agreement.
DEFINITIONS
Capitalized terms used in these Terms and Conditions shall have the meanings set forth below:
- “AAC” means Air Ambulance Card, LLC.
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“Act of Terrorism” shall mean an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.
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“Communicable Disease” shall mean any disease capable of being transmitted from any organism to another organism by means of any substance or agent.
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“Covered Event” shall mean any activity or event that (1) causes the United States State Department or Australian Department of Foreign Affairs & Trade or United Kingdom Foreign & Commonwealth Office to issue, for reasons other than medical, an escalation in their level of recommendation affecting the area or region where the Named Insured is located or (2) the Company determines in its sole and absolute discretion poses a specific and credible threat to life for a Named User. Covered Events may include Acts of Terrorism, Natural Disasters or Political Threats that satisfy the requirements included in parts (1) or (2) of this definition of “Covered Event.”
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“Evacuation Services” shall mean the transportation of the Named User(s) from the Named User’s then current location to the nearest safe area, as determined by the Company in its sole discretion. The Company reserves the right to determine, in its sole, discretion, the mode, manner and timing of Evacuation Services.
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“Expenses” shall mean costs incurred to carry out Evacuation Services in the event a Named User has experienced a Covered Event. Costs covered for Evacuation Services include emergency response, evacuation, repatriation, security consultation, personnel protection, air and/or surface transport, or removal of mortal remains in the event the Named User has experienced a Covered Event.
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“Family” shall mean any Named User plus spouse plus up to five declared dependents. There is no age restriction for the Named User or spouse. The declared dependents must be under 26 years of age at the time the SOW is executed.
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“Natural Disaster” shall mean an event of natural occurrence including, but not limited to, earthquake, volcanic eruption, tsunami, snow, rain, hail, lightning, flood, wind, windborne dust or sand, wildfire or similar event, that results in widespread and severe physical damage to property such that the government of the country in which the applicable Named User(s) are temporarily resident or visiting issues an official disaster declaration and determines the affected area to be Uninhabitable. In no event shall a Natural Disaster be deemed to apply to a marine vessel, ship or watercraft of any kind. Natural Disaster does not and will not include Communicable Disease in any way.
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“Named User” shall mean all persons listed in Section 3 above or otherwise communicated to the Company in writing. The Client can add persons to this SOW at any time upon written notice to Company and payment of applicable Service Fees, with the understanding that persons inhabiting an area where a Covered Event has been declared at the time such person is added as a Named User will not be covered by this SOW. The Client will provide First Name, Last Name, Date of Birth, and Office Location by City for each Named User and Family member.
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“Political Threat” shall mean political and/or military events which have created a situation in which the Company’s security response team determine a Named User(s) is/are in danger of incurring or has incurred serious bodily injury or serious bodily harm.
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“Uninhabitable” shall mean the country in which a Named User is temporarily resident or visiting is deemed unfit for residence, as determined by the Company, due to a lack of habitable shelter, food, heat and/or drinking water and no suitable accessible alternative housing is available within 10 miles of the Named User’s location.
KIDNAP, Ransom and EXTortion TERMS AND CONDITIONS
These Terms and Conditions govern the Kidnap and Ransom Service to be provided by Air Ambulance Card, LLC ("Company") to the applicable client ("Client") and its designated Named Users.
COVERED EVENTS
The Company agrees to provide Client with Kidnap and Ransom Services to respond to the following events occurring during the applicable Membership Term involving a Named User (the “Covered Events”), subject to the Contract and the terms and conditions herein:
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- Kidnap
- Extortion
- Hijack
- Wrongful Detention
- Cyber Extortion
- Threat Event
- Disappearance
- Express Kidnap
- Hostage Crisis
- Child Abduction
- Workplace Assault
SERVICES
The Company will provide the Client the following services (as applicable) for the duration of the Covered Event through one of its third-party service providers (the “Kidnap and Ransom Services” or the “Services”):
For all Covered Events other than Cyber Extortion:
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- Negotiation strategies and application
- Stakeholder management and competing demands
- Proof of life and hostage profiles
- Communication with all parties and family management
- Liaison with authorities
- Media handling
- Ransom delivery
- Release and hostage recovery
- Victim debriefing
- Future risk mitigation
- Communications and recording equipment
- Forensic analysts
- Electronic sweeps for bugs or other electronic listening devices
For Cyber Extortion only:
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- Assessment of the threats to the Named User
- Assignment and potential deployment of a crisis management consultant(s) to the location(s) of the Covered Event and / or other agreed location(s)
- Security risk assessment to include review of crisis management and security policy, plans and procedures, if available, and advice on crisis management and security strategies, policies, plans and procedures
- Provision of intelligence and investigation(s) services, including threat actors, motivation, profile and past record (research on what these groups/actors have done in the past)
- Tactical contingency planning advice, containment options assessment, securing evidence, remedial options assessment
- Strategic contingency planning advice regarding legal, compliance, business impact, reputation, communications/media
- Crisis Management and stakeholder coordination: tech partners, legal, comms, external IT providers, clients/customers/contractors, authorities/compliance, employees/staff
- Negotiations planning and management, options and recommendations on financial and negotiation strategy
- Detailed threat assessment and response options: background, assessment, impact analysis, critical issues, recommended operational response & contingency planning
- Provision of advice relating to the extortion through creation of a threat actor profile as well as analysis into any form of ransomware being used in the extortion
- Technical analysis on how the Named User’s systems or data has been impacted by the Cyber Extortion
- Provision of assistance during a Cyber Extortion with negotiation and any related cryptocurrency payment
- Advice on what containment actions that may inform the development of the threat actor profile, including:
- Advice to the Named User around deployment of detection systems that may support visibility of suspicious activity in real-time
- Advice on securing the environment from any ongoing threat
- Advice on future risk mitigation and lessons learned following the debrief process
TERMS AND CONDITIONS
All Services will be arranged and provided by the Company or its subcontractors.
The Named User(s) must follow the advice of the of the security response team at all times.
Client acknowledges that response may not be possible in all Covered Events. In the case that a response is impossible due to hostile conditions, the Company will use security resources to maintain contact with the Named User(s) until resolution becomes possible or the Covered Event is concluded.
In the event the Named User is in an area in which political and military events, nuclear accident, or interference by authorities inhibits the security response team's ability to fully provide Services, the Company shall nonetheless use their best endeavors to provide services, without placing the response team employees or, agents in a circumstance that may result in bodily harm or, in the security response team breaching any law or regulation and recognizing that obstacles beyond their control will affect the level of service. Company shall not be held responsible for failure to provide Services or for delays caused by strikes or other conditions beyond Company’s control including, but not limited to, flight conditions, or where rendering of services is prohibited by local laws or regulatory agencies.
The Company shall not be required to provide Kidnap and Ransom Services in any of the following circumstances:
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- In respect of Kidnap, Extortion, Hijack, Wrongful Detention, Express Kidnap or Child Abduction only, a fraudulent or criminal act of the Named User or an agent thereof, or a director, officer, employee, or agent of the Client, whether acting alone or in collusion with others.
- In respect of Extortion that is also covered under Cyber Extortion, Company shall only be required to provide Kidnap and Ransom Services specified above for a Cyber Extortion.
- Events caused by or arising from or attributable to nuclear reaction, nuclear radiation or radioactive contamination, or any chemical, biological, bio-chemical, or electromagnetic weapon.
- In respect of Disappearance only:
- the voluntary Disappearance of a Named User of his or her own free will;
- the Disappearance of a Named User during or within 24 hours of a storm (wind, rain, snow, sleet, hail, lightning, dust, or sand), earthquake, flood, tsunami, volcanic eruption, wildfire, or other similar natural disaster that results in severe and widespread damage and that causes the area in which the Named User was last located to be declared unsafe or a disaster area by the local government and deemed to be uninhabitable or dangerous; or
- the Disappearance of a Named User while engaged in transit by air or sea.
- Payment of any ransom money.
LIABILITY LIMITS
In no event shall the Expenses incurred by the Company to provide the Kidnap and Ransom Services to any Client (or its Named Users) exceed $500,000 in the aggregate per Covered Event or $50,000 per Named User. Any such Expenses incurred in excess of $500,000 in the aggregate per Covered Event or $50,000 per Named User shall be reimbursed by Client to the Company (provided that the Company shall use its reasonable efforts to notify Client of any such excess prior to incurring such amounts). For purposes of the limits described above, if more than one Covered Event is or was carried out in furtherance of another Covered Event or as part of a common scheme, they shall be deemed to be connected and to constitute a single Covered Event.
DEFINITIONS
Capitalized terms used in these Terms and Conditions shall have the meanings set forth below:
- “Child Abduction” means the wrongful and illegal holding of a Covered Child, without prior consent from a Legal Guardian, taken from the Named User’s Premises without a demand for a Ransom.
- “Contract” means the subscription services contract, master services agreement or other similar contract entered into between the Company or Global Guardian LLC and Client for the provision of services (including the Kidnap and Ransom Services) to Client and its Named Users.
- “Covered Child” means a child who has a Legal Guardian. A Covered Child must be 18 years of age or under at the time of the Child Abduction.
- "Cyber Extortion" means:
1. the making of illegal threats, either directly or indirectly, to the Named User to:
a. cause damage to or loss of Electronic Property, including the modification of data or denial of access to computer or network services by a Cyber Violation; or
b. disseminate, divulge or utilize electronically held Proprietary Information, including any personal, private, or confidential data by a Cyber Violation; or
c. corrupt or destroy any computer system or network by a Cyber Violation;
by persons who then demand a Ransom as a condition of not carrying out such threats; or
2. the making of changes to Electronic Property, including the modification of data or denial of access to computer or network services by a Cyber Violation, by persons who then demand a Ransom as a condition of returning, or restoring access or reversing damage to, the affected Electronic Property or Proprietary Information.
- “Cyber Violation” means any unauthorized entry into, change, or deletion of data elements or program logic form, or introduction of instructions, program logic or software virus, whether or not self-propagating, that is directed solely at the Named User’s computer system or network of computers, including both on-line and offline input, output, processing, storage, and communications facilities.
- “Disappearance” means the complete and unexpected loss of contact with a Named User for a period in excess of 36 hours.
- “Electronic Property” means all computer hardware, software, websites, computer systems or electronic data owned, controlled or leased by the Named User.
- “Expenses” means costs incurred by Company to carry out the Kidnap and Ransom Services in the event a Named User has experienced a Covered Event.
- “Express Kidnap” means a face to face Kidnap or Hijack of a Named User by persons who then demand a Ransom specifically from the assets of the Named User who is the victim of the Express Kidnap
- “Extortion” means the making of illegal threats, either directly or indirectly, to the Named User to:
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- kill, injure, harm, detain, Kidnap or abduct a Named User;
- pollute or cause physical damage or loss to property of the Named User; or
- disseminate, divulge or utilize non-electronically held Proprietary Information including any personal, private, or confidential data.
- “Family” means any Named User plus spouse plus up to five declared dependents. There is no age restriction for the Named User or spouse. The declared dependents must be under 26 years of age at the beginning of the applicable Membership Period.
- “Hijack” means the attempted or actual illegal holding under duress of a Named User for a period in excess of three hours while traveling in or on any aircraft, motor vehicle, railway train, or waterborne vessel or any other form of public or private transport.
- “Hostage Crisis” means the illegal holding of a Named User for a period in excess of one hour as security for meeting the specified demands or terms of the persons holding the Named User.
- “Kidnap” means any event or connected series of actual, attempted or alleged events of seizing, detaining or carrying away by force or fraud, of one or more Named User for the purpose of demanding Ransom as a condition of release of the Named User.“
- Legal Guardian” shall mean a person who has legal or custodial responsibility for the care and management of a Covered Child.
- “Membership Term” means the annual period during which each applicable Named User is covered by the Kidnap and Ransom Services described herein.
- “Named User” means all persons designated by the Client to receive the Kidnap and Ransom Services as communicated to the Company in writing (subject to payment of applicable fees), with the understanding that persons inhabiting an area where a Covered Event exists at the time such person is added as a Named User will not be eligible for Kidnap and Ransom Services with respect to such Covered Event. The Client will provide First Name, Last Name, Date of Birth, and Office Location by City for each Named User and Family member.
- “Personal Accident” means injury (fatal or otherwise) sustained by a Named User, solely and directly as a result of a Covered Event, provided that such injury results in any one of the following (as determined by the Company in its reasonable discretion): (1) loss of sight; (2) loss of hearing; (3) loss of extremity; (4) loss of limb; (5) permanent total disablement; (6) death; or (7) disappearance considered a death.
- “Premises” means that portion of any real property which is occupied by the Named User or Client in the conduct of the Client’s business.
- “Proprietary Information” means any confidential, private, or secret information unique to the Client, the Client’s business, or a Named User.
- “Ransom” means cash and/or crypto-currency, marketable securities, goods, or services surrendered or to be surrendered by or on behalf of the Named User to meet a Kidnap, Extortion, Cyber Extortion, Hijack, Express Kidnap or Hostage Crisis demand.
- “Threat Event” means a threat made specifically against the Named User or the Named User’s property and not accompanied by a Ransom demand, to:
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- inflict bodily injury, subject to Wrongful Detention, or abduct a Named User;
- damage, destroy, or contaminate any property;
- reveal confidential or Proprietary Information; or
- imply that the Named User or the Named User’s property may be at risk.
- “Workplace Assault” means a physical attack upon three or more Named Users either on the Client’s Premises or during an activity organized and paid for by the Client by a person who is armed with a weapon which results in the Personal Accident of those three or more Named Users.
- “Wrongful Detention” means the holding under duress of a Named User for a period in excess of four hours for whatever reason and whether by authorities legally constituted in the place of custody or by others; provided, that “Wrongful Detention” does not include (1) the failure of the Named User to properly procure or maintain immigration, work, residence or similar visas, permits, or other documentation; or (2) the detention of a Named User following any act or alleged act of the Named User which would be a criminal offense if committed by the Named User in the United States or in which the Named User is a national or permanent resident, unless the Company determines that such allegations were intentionally false, fraudulent, and malicious and made solely and directly to achieve a political, propaganda,, or coercive effect upon or at the expense of the Named User or the Company.