terms & conditions

DESCRIPTION OF SERVICE

The Client agrees to receive the service(s) outlined in the invoice from the Consultant, T&D’s Safety Services. Services may be scheduled by contacting T&D’s Safety Services. Additional Consulting Agreement documents may be drafted, as needed, at that time for both parties to agree on. Payments are due upon receipt of the invoice and must be made prior to services being rendered.

REFUND/CANCELLATION 

The Client may terminate services 7 days from the training session without penalty, with a written notification to the Consultant.  Any cancellation within 7 days will result in refunds according to the following schedule: 

• 7 days in advance – 100% refund or reschedule training session to a different date at no additional cost 
• 1-6 days in advance – 50% refund or reschedule training session to a different date at no additional cost 
• Day of Training Session – No refund or rescheduling allowed for “no shows” or cancellations on the day of the training session, unless it is for medical or emergency reasons. However, another person can be substituted in place of the “no show” participant.

No refunds are provided for failure or incompletion of a training session.  

The Consultant reserves the right to postpone or cancel any scheduled training session at any time. Advanced notice will be made to the Client. .

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. It is the employer's responsibility to assess the employee's level of skill or knowledge and determine whether an employee is qualified to perform a specific job or function.  

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