terms & conditions

SERVICES PROVIDED:

The Consultant will provide the agreed-upon consulting and/or training services. Services may include safety training, operator training, performance evaluations, completion documentation, fit testing, safety consulting, or other services as mutually agreed upon by the Consultant and Client. Any additional services requested by the Client that are outside the original scope may require additional fees and must be mutually agreed upon by both parties. 

PAYMENT TERMS:

Payment is due upon completion of services and prior to the release of any certificates and wallet cards. Certificates, cards, or documentation of completion will only be issued once full payment has been received.

A 1.5% monthly finance charge applies to late payments. Payments must be made in U.S. Dollars in the form of cash, check or credit card. If a check is returned for any reason at all, Client will pay an additional charge of $50.00 per returned check.

In the event the Consultant must pursue collection or legal action to recover unpaid amounts, the Client agrees to pay all reasonable collection costs, attorney’s fees, and related expenses incurred by the Consultant.

Flat-Rate Pricing: Unless otherwise stated in the estimate, prices quoted by the Consultant are flat-rate fees for the services identified in the estimate and include up to the maximum number of Registered Participants specified therein. The full quoted fee is due regardless of the number of Registered Participants who attend or complete the services. Additional Registered Participants beyond the number included in the estimate may be subject to additional fees.

CANCELLATION FEES

The Consultant may waive the cancellation fee at its discretion, on a case-by-case basis. The Client may cancel services without penalty up to 4 days before the training session by providing written or verbal notification to the Consultant. Cancellations made within 3 days of the training session will incur the following fees:

• 1–3 days before the session: 50% of the total service fee

• On the day of or after the session: 100% of the total service fee is required. Rescheduling is not permitted for no-shows or same-day cancellations. However, another participant may take the place of the "no show," provided they meet the necessary prerequisites.

• The full fee remains due even if a participant fails to pass the course or does not attend.

• The Consultant reserves the right to postpone or cancel any scheduled training session. The Client will be notified in advance if this occurs.

INDEMNIFICATION 

To the fullest extent permitted by law, each Party (the “Indemnifying Party”) shall indemnify and hold harmless the other Party, and each of its respective officers, directors, employees, agents, affiliates, and representatives (collectively, "Indemnified Parties") from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, and reasonable legal fees (collectively, “Claim”), arising out of or resulting from performance of the Service in connection with this Agreement, caused by or arising out of the Indemnifying Party’s gross negligence or omissions, or willful misconduct, or the gross negligence or omissions, or misconduct of anyone directly or indirectly employed by the Indemnifying Party or anyone for whose acts the Indemnifying Party is legally responsible.

This provision shall survive the termination or expiration of this Agreement.

FORCE MAJEURE 

The Consultant shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions, or other acts of nature.

LIMITATION OF LIABILITY 

The Client and Registered Participants agree to limit any and all liability or claim for damages, cost of defense, or expense it seeks against the Consultant to a sum not to exceed the cash compensation actually realized by the Consultant under this Agreement, arising from any breach, error, omission, or negligence by the Consultant in the course of performing Services under the Agreement.

Notwithstanding anything else herein, in no event will the Consultant be responsible for lost profits, lost revenues, or consequential, incidental, or special damages.

By registering for services, the Client and/or Registered Participants agree that Consultant shall not be held liable for any type of loss or damage that could be construed as arising from these services.

Consultant does not take any responsibility for inappropriate use or application of information or instruction provided in these services.

This provision survives termination or expiration of this Agreement, with the Client and Registered Participants continuing to limit liability.

NO GUARANTEE 

Services rendered are not intended to be a complete presentation of all problems and issues for any topic. It is also generic and may not be accurate for circumstances or equipment at an individual facility.

Consultant therefore makes no guarantees or assumes any responsibility for the correctness, sufficiency, or completeness of the material presented.

Certificate of completion of awareness training does not guarantee that a student possesses a minimum level of skills or knowledge regarding the subject matter.

The Client and Registered Participants acknowledge and agree that Consultant cannot guarantee the results or effectiveness of any services rendered or to be rendered.

Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.

EMPLOYER/CLIENT RESPONSIBILITY & AUTHORIZATION

The Consultant may provide training, evaluation, or both, as agreed upon by the Consultant and the Employer/Client. Completion of training and/or evaluation provided by the Consultant does not, by itself, constitute authorization for an employee to operate equipment at the workplace.

The Employer/Client remains responsible for determining whether each employee is qualified and authorized to perform assigned job duties.

The Employer/Client is responsible for assessing the employee’s knowledge, skills, and ability to safely operate the applicable equipment and for providing any additional site-specific training, workplace orientation, hazard information, or equipment-specific familiarization necessary when assigning an employee to operate equipment.

The Employer/Client shall ensure that employees are only permitted to operate equipment for which they have been properly trained, evaluated (when applicable), and authorized by the Employer/Client.

REGISTERED PARTICIPANT RESPONSIBILITY

Registered Participants are responsible for actively participating in training, following all safety instructions provided during the course, accurately representing their qualifications and experience, and notifying the Consultant and/or Employer/Client of any limitations that may affect their ability to safely participate in training activities.

Completion of training, evaluation, or issuance of a certificate, wallet card, or other completion documentation does not relieve the Registered Participant of their responsibility to operate equipment safely and in accordance with employer policies, manufacturer instructions, applicable regulations, and workplace requirements.

TRAVEL FEES

Training locations within 25 miles (one-way) of T&D's Safety Services, LLC are not subject to a travel fee. Training locations beyond 25 miles are subject to the following travel fees:

0–25 miles (one-way): No travel fee

26–40 miles (one-way): $100 travel fee

41–60 miles (one-way): $125 travel fee

Over 60 miles (one-way): Custom quote or reimbursement of actual travel expenses

Mileage is calculated from T&D's Safety Services, LLC's business location. Additional charges may apply for ferry, airfare, lodging, parking, tolls, or other travel-related expenses for locations requiring overnight or inter-island travel.