Instructor Renewal

AHA COURSES

Terms and Conditions:
1. INSTRUCTOR agrees to train, teach and or instruct in accordance with AHA objectives, outlines and lesson plans determined by AHA /CTS in conjunction with American Heart Association (AHA) Guidelines (PAM – Program Administrative Manual).
2. In conjunction with AHA guidelines (PAM), Instructor is required by AHA to have AHA Instructor Materials before a class is taught and use Instructor Materials to teach.
3. Class paperwork and rosters must be uploaded to CPR Training School website, and paid for prior to eCards are processed. It is the goal for CTS to process cards as fast as possible, AHA allows twenty business days to process cards, CTS will attempt to process
all cards with in two business days.
4. Instructor teaching for CTS: CTS agrees to pay INSTRUCTOR, amount to be determined, based on performance as a fee for their training of “AHA Course”. Instructor understands that payment of the fee will be issued once CTS has received all rosters, skills tests, student evaluations and equipment. CTS reserves the right to deduct payment based upon poor evaluation scores, missed hours, damaged or lost equipment, and refund requests after the event.
5. Instructors must meet AHA PAM requirements and request permission from CPR Training School to list any classes on the AHA Instructor Network.
Course Cancellation:
CTS reserves the right to cancel the course for any reason. In the event the scheduled CTS course is cancelled; the INSTRUCTOR agrees there will not be compensation due them by CTS in the event of course cancellation.
Termination:
In the event of the termination by CTS, INSTRUCTOR agrees that CTS will not be liable for any direct or consequential damages as a
result of such termination. CTS may terminate this agreement with written or digital notice.
American Heart Association Intellectual Property
The American Heart Association copyrights AHA Textbooks, manuals and other materials for ECC training. These materials may not be copied, in whole or in part, without the prior written consent of the American Heart Association. Permission to reprint, copy or use
portions of ECC textbooks or materials must be obtained in writing from the copyright specialist at the American Heart Association
National Center. These educational materials are published only after thorough review and approval by the American Heart Association for scientific content, adherence to current AHA guidelines for CPR and ECC, and consistency with the AHA ECC training curriculum. In most cases it is inadvisable for the American Heart Association to grant other organizations or individuals permission to reprint or copy all or portions of its materials into other educational materials. Incorporating portions of AHA materials into another party’s materials may result in the production of materials that purport to be “approved” by the American Heart Association, although they do not strictly comply with AHA guidelines or positions.
Assignment of Contract
INSTRUCTOR cannot assign the rights or delegate the duties created by this Agreement in whole or in part to any person or entity without the express written consent of CTS.
Severability
The parties agree that should any provision of the Agreement be determined to be invalid or unenforceable such determination shall not affect any or all of the other terms or provisions of this Agreement which shall continue in force and effect.
Independent Contractor
It is understood and agreed that Instructor is performing all services hereunder as an independent contractor and not as an employee of CTS or AHA. Accordingly, Instructor will not be entitled to receive any CTS or AHA employee benefits, and CTS or AHA will not be responsible for paying any of Instructor’s Social Security or FICA taxes. Instructor will be responsible for reporting and paying all income taxes due on any commissions paid hereunder, including any required filing for self-employment tax. The Agreement does not constitute and shall not be construed as creating a partnership, joint venture, or an employee-employer relationship, it being
understood that the parties hereto are and shall remain independent contractors in all respects
Confidentiality, Non-Disclosure, Non-Compete.
Instructor agrees never, directly or indirectly, to use, communicate, disclose, exploit or divulge to any person, firm, corporation or other entity whatsoever, other than CTS or AHA any information constituting Confidential Information, except with the express written permission of CTS. The obligations of the Instructor not to disclose or use Confidential Information shall continue at all times
before and after termination of this Agreement, irrespective of the circumstances of reason for such termination. Instructor shall secure all documents, work in process, products or other items incorporating any of the Confidential Information in locked file drawers or areas to which access is restricted in order to prevent its unauthorized disclosure. Neither party to this Agreement shall disclose the existence of this Agreement in any communication, written or verbal, to any third party without the prior written consent of the CTS. Instructor agrees to not own or operate a competing business within twenty miles from 62 Roswell Street, Alpharetta GA 30009, or on the Internet. (including and for two years after assignment).
Covenant not to Compete
During the term of this Agreement and for one (1) year after termination, transfer, or expiration of this Agreement for any reason,
neither Instructor may participate directly or indirectly or serve in any capacity in any business engaged in the sale of services or
products the same as, similar to, or competitive with CPR Training School. This covenant not to compete applies: (i) during the term of the Agreement, within a twenty-five (25) mile radius from Alpharetta, Georgia.
To the extent any portion of this Covenant not to Compete is deemed overbroad or unlawful, it shall be deemed amended and interpreted to the maximum extent permitted under the law.
Indemnification
INSTRUCTOR agrees to hold CTS and the AHA harmless from and defend against all liability, claims and demands on account of damage of any kind whatsoever, which arises out of or are in any manner connected with, or claimed to arise out of or be in any manner connected with the performance of this Agreement.
Dispute Resolution
To the extent permissible by law, any controversy or claim arising out of or relating to this Agreement, or breach thereof shall be resolved by mutual agreement of the parties. Failing resolution though mutual agreement,
disputes shall be decided by arbitration in accordance with the rules of the American Arbitration Association (AAA). Notice of
demand for an AAA dispute hearing shall be made within a reasonable time after the dispute has arisen. Arbitration rules of the AAA,
and judgment upon the award rendered by the Arbitrator shall be binding on both parties and may be entered in any court having jurisdiction thereof. Arbitration hearings will be held in Alpharetta, Georgia and conducted in accordance with the code of civil procedure section 1282 et seq. including all discovery rights provided under those sections. The number of Arbitrators shall be one (1), which Arbitrator shall be appointed by the AAA. The AAA Administrative fees and Arbitrator's fees shall be shared equally by CTS and INSTRUCTOR, and other service charges of the AAA shall be paid by the party incurring same in accordance with the established AAA procedure.
Governing Law:
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, Fulton County.