Company Name (Herein referred to as CLIENT):
Trainer Name (Herein referred to as STUDENT TRAINER):
Both PSS and the CLIENT wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and applicable Electronic Signature law. Any party to this Agreement may revoke such agreement at any time in relation to all future documents by providing written notice.
This is a legal agreement between Pacific Safety Solutions (“PSS”), the student trainer (“STUDENT TRAINER”) and the (“Client”). The parties agree as follows: STUDENT TRAINER and CLIENT agree that the material and training provided by Pacific Safety Solutions (PSS) constitute PSS Confidential information and/or intellectual property (“PSS Property”), which includes but is not limited to the PSS materials listed below. STUDENT TRAINER and CLIENT are authorized to use PSS property to deliver in-house tower fall protection and rescue training to CLIENT and CLIENT’s employees (“Authorized Use”) and for no other purposes. Any use of PSS Property outside of the Authorized Use is strictly prohibited. CLIENT acknowledges, agrees, understands and recognizes that: It is the CLIENT’s responsibility to select and design an area where the physical activities of the course are conducted;
It is the CLIENT’s responsibility to select certified anchorages and systems used during the physical activities of the course;
The physical activities during the course must not exceed 30’;
The students must have an appropriate secondary system on them at all times
during the physical activities.
When applicable, all equipment used during training must meet current ANSI Z359 fall protection requirements and recommendations;
The instructor must conduct the training in accordance with Pacific Safety Solutions
Tower Climber and Rescuer Train-the-Trainer lesson plans and course time lines.
CLIENT and not PSS, is liable for the safety of all participants of any training provided by CLIENT. It is CLIENT’s responsibility to verify student attendance, ability, and to issue certification. PSS does not make any representations regarding the student participation in the class or ability to protect themselves at height. PSS only provides the PSS materials (as defined below). CLIENT delivers the course, monitors student safety, and certifies students’ ability. CLIENT shall ensure that tooled students outside the required weight range (130 lbs - 310 lbs) are not allowed to participate in the course. This course meets the ANSI/ASSE Z359.2 - 2017 Fall Protection Code Standard. PSS is not responsible for any alterations the CLIENT delivers that are not included in the training program. CLIENT will ensure the confidentiality of the PSS materials, and neither it nor its employees will disclose the PSS materials to any third party, and will not copy or distribute in any manner course materials provided by PSS. It is the CLIENT’s responsibility to remain current with fall protection regulations and standards. CLIENT agrees to defend, hold harmless, and indemnify PSS from and against any and all claims of any kind threatened, asserted or filed against PSS by any third party (collectively “claims”), and any damages. Losses, expenses (including reasonable attorney’s fees), liabilities or costs of any kind, incurred in connection with such Claims (including those necessary to successfully establish PSS’s right to indemnification), arising out of or relating to any training provided by the CLIENT, regardless of the claim, including without limitation, the deficiency or inaccuracy of the PSS training or the PSS materials. Under no circumstances will PSS or its affiliates be liable to CLIENT or any third party for an amount greater than the aggregate amounts paid by CLIENT.
The STUDENT TRAINER named above has a minimum of 3 years of tower climbing and rescue experience, which includes work at height planning, implementation and successful execution of overall tower climbing and rescue safety for the tower industry. The STUDENT TRAINER is recognized by CLIENT to be a competent climber, competent rescuer, and a qualified person; defined by the NATE Tower Climber Fall Protection Training Standard as: Competent Climber is an individual with the physical capabilities to climb; has actual tower climbing experience; is trained in fall protection regulations including the equipment that applies to tower work; is capable of identifying existing and potential fall hazards; and has the employer’s authority to take prompt corrective action to eliminate those hazards. Competent Rescuer is an individual designated by the employer, who by training, knowledge, and experience, is capable of the implementation, supervision, and monitoring of the employer’s fall protection rescue program and is authorized to write the individual site/day rescue plan. Qualified Person is a person with a recognized degree or professional certificate and with extensive knowledge, training, and experience in the fall protection and rescue field who is capable of designing, analyzing, evaluating, and specifying fall protection and rescue systems to the extent required by this standard.