The Training Agreement Between Company And Trainer is a essential legal document used when a business requires professional training services for its employees or stakeholders. This agreement, governed by New Zealand law, is particularly relevant in situations where organizations need to formalize arrangements with external training providers for skills development, compliance training, or professional development programs. The document addresses key aspects such as service scope, delivery methods, intellectual property rights, confidentiality, and compliance with New Zealand regulations including the Health and Safety at Work Act 2015 and the Education and Training Act 2020. It's designed to protect both parties' interests while ensuring clear communication of expectations, responsibilities, and deliverables.
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1. Parties: Identifies and provides full details of the Company and the Trainer
2. Background: Outlines the context of the agreement, including the Company's training needs and the Trainer's qualifications
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the specific training services to be provided, including type, format, and delivery method
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Trainer's Obligations: Lists the specific responsibilities and commitments of the Trainer
7. Company's Obligations: Outlines the Company's responsibilities, including provision of facilities and materials if applicable
8. Fees and Payment: Details the payment terms, rates, and invoicing procedures
9. Confidentiality: Establishes obligations regarding confidential information
10. Health and Safety: Addresses workplace safety requirements and responsibilities
11. Insurance and Liability: Specifies insurance requirements and limitation of liability
12. General Provisions: Contains standard legal provisions including governing law, notices, and amendment procedures
1. Intellectual Property Rights: Include when there are specific requirements about ownership and use of training materials
2. Non-Compete and Non-Solicitation: Include when restricting the Trainer from working with competitors or soliciting employees/clients
3. Performance Standards: Include when specific quality metrics or performance levels need to be maintained
4. Exclusivity: Include when the Trainer is to work exclusively with the Company
5. Equipment and Resources: Include when specific provisions about training equipment and resources are needed
6. Substitute Trainer: Include when arrangements for backup trainers need to be specified
7. Data Protection: Include when handling of personal data is a significant aspect of the training
8. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
1. Schedule 1 - Fee Schedule: Detailed breakdown of fees, rates, and payment structure
2. Schedule 2 - Training Program Outline: Detailed description of training content, modules, and learning objectives
3. Schedule 3 - Service Levels: Specific performance metrics and quality standards
4. Schedule 4 - Company Policies: Relevant company policies the Trainer must comply with
5. Appendix A - Trainer Qualifications: Documentation of Trainer's certifications and qualifications
6. Appendix B - Training Materials: List of training materials and their usage rights
7. Appendix C - Health and Safety Guidelines: Specific health and safety procedures for training delivery
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