2 - Amazon S3



Table of Contents

HIGH FIVE® Trainer Agreement……………………………………………………….…………….2

Appendix A

Licensed Trade Marks………………………………………………………………………….8

Appendix B

Resources………………………………………………………………………………………..9

Trainings...………………………………………………………………………………………..9

HIGH FIVE® TRAINER AGREEMENT

PRO has developed a proprietary standard called HIGH FIVE® designed to support the safety, well-being and healthy development of children in recreation and sport program (the “Standard”). ARPA (Hereinafter the “Authorized Provider”) and is responsible for the management, operations, communications and implementation of the proprietary Standard in Alberta.

Upon acceptance by the Authorized Provider, the Trainer will act as a stakeholder in implementing the Standard using HIGH FIVE® tools and resources to improve the quality of sport and recreation programs relating to children.

The following are the Terms and Conditions of the agreement between the Authorized Provider and the Trainer. This document, its appendices, the HIGH FIVE® Authorized Provider Policies and Procedures, and the signed Trainer Application form (the "Application Form") form the ongoing agreement between the parties.

In consideration of the mutual covenants and agreements hereinafter contained and for other good and valuable consideration, the Authorized Provider and the Trainer (collectively the “Parties”) to this Agreement hereby agree as follows:

Prerequisites

1. The Trainer represents and warrants that they have fulfilled the following prerequisites:

a) Completion of the Principles of Healthy Child Development (PHCD) session.

b) Completion of the Using the HIGH FIVE® QUEST training.

c) Submission of the HIGH FIVE® Trainer Application Form.

d) Completion of all requirements of the Becoming a HIGH FIVE® Trainer course.

2. The Parties agree that any misrepresentation of the warranties described herein is grounds for immediate termination of this Agreement.

Responsibilities of HFO

3. The Authorized Provider will provide the following:

a) Oversee and coordinate the ongoing development, implementation, administration, information management, promotion and support services of HIGH FIVE®.

b) Coordinate training and tracking of training sessions and Trainers.

c) Provide ongoing support to Trainers.

d) Assign a HIGH FIVE® Trainer mentor to provide support and guidance.

e) Provide a copy of the Trainer Facilitator Guide.

f) Provide the Trainer access to the HIGH FIVE® database.

g) Provide access to unique and statistically validated performance measurement tools.

h) Provide the Trainer use of HIGH FIVE® Licensed Trademarks, Trainings and Resources set forth in Appendix A and B, exclusively for training sessions.

Role and Responsibilities of the Trainer

4. The Trainer will:

To Become Certified

a) To become a certified Trainer, within one year of the execution of this Agreement, meet the certification requirements listed in the Trainer Reference Guide as follows:

i. Co-facilitate PHCD and QUEST Sessions with a certified HIGH FIVE® Trainer.

ii. Submit an online QUEST 2 assessment into the database.

iii. Submit the Trainer Certification Fee.

Role

b) Advocate for quality sport and recreation programs for children.

c) Act as an ambassador for the HIGH FIVE® standard.

Responsibilities

d) Adhere to the following HIGH FIVE® Policies and Procedures which form an integral part of this Agreement:

i. HIGH FIVE® Trainer Candidate Information Package

ii. HIGH FIVE® Trainer Reference Guide

iii. Hosting a HIGH FIVE® Session

iv. HIGH FIVE® Commitment to Children Policy

v. Code of Conduct and Ethics

vi. Discipline and Complaints Policy

vii. Dispute Resolution Policy

viii. Conflict of Interest Policy

ix. Confidentiality Policy

x. Sponsorship Policy

xi. Communications & Logo Policy

e) Schedule work hours in order to accommodate training sessions, which may require travel, evening and weekend work.

f) Use the HIGH FIVE® Licensed Trademarks, Trainings and Resources set forth in Appendix A and B exclusively for training sessions.

Inspection

5. The Authorized Provider representatives will have the right to inspect the training sessions of the Trainer for the purposes of quality assurance evaluations, checking operations, supplies, equipment, marketing and promotional materials. Evaluation results will be shared with the Trainer and assistance will be provided where improvements are required.

Compensation

6. The Authorized Provider will only pay the Trainer three hundred dollars ($300) for each PHCD or QUEST 2 training taught by the Trainer outside of their own Registered Organization and upon appointment by the Authorized Provider and no other third party.

7. The Parties agree that payment will be made within thirty (30) days of the Authorized Provider receiving an invoice from the Trainer and all Workshop Registration and Evaluation Forms. Incomplete invoices or invoices submitted more than six (6) months following the date of service delivery will not be paid by the Authorized Provider.

Proprietary Rights

8. All rights in the PRO and HIGH FIVE® trademarks, Licensed Trademarks, Licensed Trainings and Resources, logos, trade names, business names, brands, designs, domain names, e-mail addresses, websites, copyrights, rights in any format or presentation, trade secrets and other confidential information, databases and all other intellectual property rights (registered or unregistered) which subsist now or in the future in any part of the world, (collectively PRO’s Intellectual Property), whether registered or not and any applications to register or right to apply for any of the foregoing, is and will remain the property of PRO and nothing in this Agreement will imply any transfer or ownership, right, title or interest in respect of such PRO Intellectual Property apart from the license granted herein.

9. On termination, lapse or expiration of this Agreement, all rights and licenses and privileges granted to the Trainer will immediately cease and terminate and revert to PRO. Upon termination, the Trainer will cease to use or distribute goods or advertise using the Licensed Trademarks, Training and Resources and will deliver its remaining inventory to the Authorized Provider.

Term

10. This Agreement will start on the date of successful completion of the Becoming a HIGH FIVE® Trainer session and will terminate one year from such date unless terminated earlier pursuant to this Agreement or renewed in accordance with paragraph 11.

Renewal

11. This Agreement may be renewed for two (2) year increments, upon the Trainer meeting the requirements of Re-certification outlined in the Trainer Candidate Information Package.

Termination

12. The Authorized Provider may terminate this Agreement immediately if:

a) The Trainer’s actions constitute an imminent danger to the public health;

b) The Trainer’s intentional unauthorized use of Licensed Trademarks and Confidential Information; and

c) The Trainer breaches the terms of this Agreement or any applicable policy. In such case, written notice must be given to specify the breach and the Trainer will have five (5) days to remedy the matter.

13. Either Party may terminate this Agreement by giving fourteen (14) days written notice which will terminate accordingly.

Assignment, Agency and/or Partnership

14. The Parties will not assign, either directly or indirectly, any obligation or entitlement that it has under this Agreement without express written consent from the Parties.

The Parties agree not to hold themselves out, as the agents of the other party and under no circumstance will either party have the authority to bind the other party or hold itself out to any third party as having such authority.

Independent Contractor

15. The Parties agree and acknowledge that the relationship intended by this Agreement is that of independent contractor.

16. The Trainer agrees to save harmless and indemnify PRO and the Authorized Provider from and against all claims, charges, taxes, penalties and/or demands which may be made by the Canada Customs and Revenue Agency requiring PRO and/or the Authorized Provider to pay income tax payable by the Trainer; or on behalf of or related to the Employment Insurance Commission or the Canada Pension Commission under the applicable statues and regulations with respect to any amount payable by the Trainer.

Notices

17. Notices and correspondence required to be sent to any party in connection with this Agreement will be in writing and will be sent by post, fax or email. Notice will be deemed to have been given after the seventh day of the date of post for mail and the day of delivery for email or facsimile.

Dispute Resolution

18. The Parties agree to submit any dispute they may have regarding this Agreement or its termination in accordance with the Dispute Resolution Policy.

General

19. This Agreement will be construed, performed and enforced in accordance with the laws of the Province of Alberta.

20. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of the Agreement will remain in force and effect.

21. A waiver by either Party of any term or condition of this Agreement in any instance will not be deemed or construed as a waiver for such term or condition of the future or of any subsequent breach thereof.

22. The Parties have sought or obtained, or have had the opportunity to seek and obtain, independent legal advice concerning the matters in this Agreement, and execute this Agreement knowingly and voluntarily.

23. This Agreement constitutes the sole and entire agreement between the Parties, and supersedes any previous agreements, understandings and arrangements between the Parties. Any amendments hereto are enforceable upon notification from the Authorized Provider.

24. This Agreement has been executed by affixing signatures to the HIGH FIVE® Trainer Application Form by authorized signatories of each Party who is duly entitled to represent and bind the Parties.

Appendix A

Licensed Trade Marks

1. HIGH FIVE®

2. HIGH FIVE® and Design

3. Shooting Stars Design

4. “Life-long Learning Begins with Child’s Play”

5. “Quality At Play”

6. “The best way to play”

Appendix B

Licensed Resources

1. Principles of Healthy Child Development Workbook for Leaders

2. Principles of Healthy Child Development Workbook for Aquatic Leaders

3. Supervisors Handbook

4. Case Study Booklet

5. Program Planning Pad

6. Observing the Children’s Experience Tool

7. Quick Scan Tool

8. QUEST 1 Guide to Policies and Procedures

9. QUEST 1 Tool to Assess Policies and Procedures

10. HIGH FIVE® Sport Workbook

11. HIGH FIVE® Trainer Kit

12. Trainer Flip Book

13. Leader Appraisal Tool

14. Parent Checklist

15. Posters – set of 8 and checklist poster

16. Reviewing Programs Together

17. Registered Organization Guide

Licensed Trainings

1. “Principles of Healthy Child Development”

2. “Principles in Practice”

3. “QUEST 1”

4. “Using the HIGH FIVE® QUEST” (QUEST 2)

5. “QUEST for Action”

6. “HIGH FIVE® Sport”

7. “Becoming a HIGH FIVE® Trainer”

8. “Becoming a HIGH FIVE® Sport Trainer”

9. “HIGH FIVE® Affiliate Trainer”

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download