Instructor-Training Center Alignment Agreement

This Instructor Alignment Agreement (the “Agreement”) is by and between CPR Seattle (the “Training Center”) and the "Instructor". The parties to this Agreement agree as follows:

1. Scope: The scope of this Agreement is the collaboration between the Instructor and the Training Center to support training operations in one or more American Heart Association training disciplines.
   1. Roles & definitions
      1. AHA: The American Heart Association (“AHA”) is the certifying body for all training as described in this agreement. AHA has specific requirements of all parties to this Agreement; nothing in this Agreement shall be construed to contradict those requirements, though this Agreement may outline additional requirements above and beyond those imposed by AHA.
      2. Training Center: CPR Seattle operates an American Heart Association Training Center (the "Training Center") approved by AHA. The Training Center shall approve and support training operations developed by instructors. Approval allows the Instructor to conduct training sessions in accordance with all AHA guidelines, subject to the terms and conditions of this agreement. Acceptance of an Instructor for alignment and the continued affiliation with the Training Center is at the discretion of the Training Center and the Training Center Coordinator.
         1. Training Center Coordinator: One member of the CPR Seattle staff is designated as the Training Center Coordinator (“TCC”) and is the primary point of contact between the Training Center and AHA, and between the Training Center and the Instructor.
         2. Training Center Faculty: Any number of CPR Seattle Staff may be designated as Training Center Faculty (“Faculty”). Faculty assist in the training, course monitoring, and recertification of Instructors.
      3. Instructor: The “Instructor” is a party to this agreement who has completed all the AHA requirements to become certified in a particular training discipline and who has aligned with the Training Center. The Training Center recognizes two types of Instructor, “Independent Instructor” and “Company Instructor”.
         1. Independent Instructor: An “Independent Instructor” operates independently as their own business. They conduct training operations supported by the Training Center.
         2. Company Instructor: A “Company Instructor” works for an employer, business, or other community organization (“Organization”) that wishes to develop a training program within the organization, where they conduct training operations supported by the Training Center.
            1. An Organization may have multiple Company Instructors. When this is the case, they shall assign a “Program Coordinator” to oversee training operations, act as the sole liaison with CPR Seattle, and ensure compliance with AHA policies and this agreement.
            2. The Program Coordinator must be a current AHA instructor unless otherwise approved in writing by the Training Center.
            3. The Organization will complete a Billing Agreement with the Training Center.
   2. Discipline: The Training Center currently supports aligned Instructors teaching Heartsaver and Basic Life Support curricula.
      1. The Instructor will be designated by the Training Center as Basic Life Support (BLS) Instructor and/or Heartsaver (HS) Instructor.
      2. The Instructor will not provide training programs that are not designated in this agreement.
         1. The Instructor may align with another Training Center to support training in another discipline.
         2. Additional information about alignment with other Training Centers can be found in Section 4.b.
   3. Region: AHA policies do not allow the Training Center to support training outside the United States.
      1. The Instructor/Company Instructor is permitted to provide authorized AHA training only within the United States.
      2. Any training outside of the United States must be pre-authorized by the AHA via notification to the Training Center. The Instructor/Company Instructor may be required to work with an International Training Center. Pre-authorization may be a lengthy process. The Instructor Company Instructor is encouraged to give the Training Center a minimum of three (3) months advanced notice.
   4. Duration: This Agreement shall govern the relationship between the Instructor and the Training Center beginning on the date signed and extending for as long as the Instructor remains certified with the AHA and aligned with the Training Center.
      1. Changing Company Instructor affiliation
         1. If an Instructor changes their Organization affiliation, their alignment continues with the Training Center
         2. When an Instructor joins a new Organization as Company Instructor, the Organization will need to fill out a new billing agreement with the Training Center and pay an administrative fee for account setup
      2. Termination of the Agreement:
         1. Either party shall be permitted to terminate this Agreement, at any time, upon sixty (60) day written notice to the other party.
         2. The Training Center may terminate this Agreement immediately in the event the Instructor fails to fulfill their obligations to the Training Center as set forth in this Agreement, or violates AHA policy as specified in this document or in AHA documentation.
      3. Transfer/Realignment to Another Training Center: An Instructor seeking to move their Alignment to another training center must notify both their current and prospective training centers, who then coordinate to facilitate the realignment.
      4. Termination of Training Center status: This Agreement shall automatically terminate upon the termination of the Community Training Center Agreement between CPR Seattle and the AHA.
      5. If this Agreement is terminated or an Instructor transfers to another Training Center, all monies paid to CPR Seattle are final; no refunds or proration will be given on alignment fees, trainings, certifications, etc.
2. Obligations of the Training Center
   1. Training Center obligations to AHA: The Training Center has a variety of obligations to AHA; these are generally specified elsewhere, including the Community Training Center Agreement, and are beyond the scope of this Agreement, except where they impact the relationship between the Instructor and the Training Center.
   2. Training Center obligations to the Instructor
      1. Provide policies and procedures that meet and/or exceed the requirements of the AHA for courses and administrative paperwork.
      2. Provide on-site, quality control review visits for Instructors on an as-needed basis at the discretion of the Training Center Coordinator.
         1. Review visits may include the inspection of equipment, and teaching materials, and the evaluation of Instructor(s) to ensure compliance with AHA and Training Center guidelines.
         2. Instructors hereby acknowledge that the Training Center's review of teaching materials is limited to the determination of whether such materials are in accordance with AHA guidelines.
         3. The Training Center does not make any representations or warranties regarding the use or effectiveness of the training methods or materials used to conduct or document such training.
      3. Report all necessary training information as requested by the American Heart Association, subpoena, or other lawful authorities.
      4. Provide AHA course completion cards, examinations, and instructional updates as required by the AHA in conjunction with the AHA Instructor Network and follow all Training Center policies.
      5. Provide one Instructor Portal account per Independent Instructor or one Instructor Portal account per Program Coordinator of an Organization that employs one or more Company Instructors.
      6. American Heart Association Certification Cards:
         1. The Training Center will issue certification cards (eCards) from the American Heart Association. Students will receive an email from eCards@heart.com.
         2. The Training Center will only issue Certification Cards to an Instructor with a current instructor card who has signed (agreed to) this Agreement.
         3. The Instructor’s name listed on the card must be an instructor aligned with the Training Center.
3. Obligations of the Instructor
   1. Instructor obligations to AHA: The Instructor has a variety of obligations to the AHA; these are generally specified elsewhere and beyond the scope of this Agreement, except where they impact the relationship between the Instructor and the Training Center. Examples of Instructor’s obligations to AHA include but are not limited to:
      1. Following AHA guidelines on course practices regarding:
         1. Course durations
         2. Student and equipment ratios
         3. Instruction techniques, delivery, testing, and remediation
      2. Following AHA guidelines on course documentation regarding:
         1. Reporting documentation
         2. Archiving documentation
      3. Following AHA guidelines on marketing and intellectual property regarding:
         1. Copyright of AHA logos and materials
         2. Use of the AHA’s Find a Class tool
         3. Advertising courses in print and online
   2. Instructor obligations to the Training Center
      1. Communication
         1. Independent Instructors must liaise with CPR Seattle directly; no other representatives may communicate on their behalf.
         2. For Organizations with one or more Company Instructors, the Program Coordinator is the primary liaison with CPR Seattle.
         3. The Instructor or Program Coordinator will immediately notify the Training Center of any personnel changes within their administration that are involved in the card ordering or documentation process, changes to mailing address, email address, internet websites or other contact information.
         4. The Instructor or Program Coordinator will reply to phone or email communications from the Training Center within four (4) business days. 
      2. Course Materials: The Instructor shall possess the following physical or digital resources:
         1. Access to the American Heart Association's Program Administration Manual
         2. Access to the American Heart Association Guidelines for CPR and Emergency Cardiovascular Care
         3. Current Instructor Manual(s) and instructor tool kits, including DVDs (or streaming access), for each Discipline the Instructor is authorized to teach.
         4. Current copy of the CPR Seattle Dispute Resolution Policy (as provided via the Instructor Portal)
         5. Student Course Evaluation Form (as provided via the Instructor Portal)
         6. All AHA Skills Check Forms for each discipline the Instructor/Company Instructor is authorized to teach
         7. Course Roster/Sign-in sheet
         8. Course Exams
            1. BLS exams are required elements of BLS classes; Heartsaver exams are generally optional, but required for students in certain professions.
            2. The Instructor shall maintain all copies of written exams for each discipline authorized in a secure manner.
            3. Only currently-credentialed and aligned Instructors shall have access to AHA exams, except when exams are administered to students.
            4. CPR Seattle does not provide exams to Instructors who are not aligned with CPR Seattle, and does not permit aligned Instructors to share exams.
         9. Any additional information required by the Instructor Portal
      3. Course Equipment: The Instructor shall be solely responsible for all equipment and materials associated with sponsored training courses:
         1. The Instructor shall maintain, have access to, and have present at courses all equipment necessary for course instruction as outlined in the AHA instructor manual(s) and course lesson maps for the specific course(s) being taught.
         2. Equipment ratios outlined in the AHA instructor manual and course lesson maps must be adhered to.
         3. All equipment shall be clean, safe, and maintained to remain in good working order.
         4. Simulating the use of equipment during an AHA course without physically having the required training aid or device is strictly prohibited. Example: Simulating the use of an AED without having a physical AED Trainer present or simulating breathing without actually putting breath into the manikin
      4. Course Personnel
         1. Only currently-credentialed AHA instructors may be involved in instruction, including but not limited to demonstrating skills, lecturing, offering feedback to students, or answering students’ questions.
         2. Instructors who are aligned with other AHA Training Centers may assist in the course but may not be the primary course instructor. The CPR Seattle-aligned Instructor/Company Instructor is solely responsible for ensuring that instructors aligned with other Training Centers are of current instructor status by physically examining the instructor's AHA Instructor certification card prior to the start of each course.
            1. The Instructor shall provide a copy of this instructor card submitted with course documentation.
            2. All Instructors, including those aligned with other Training Centers, must be documented on the Course Roster and in the Instructor Portal.
            3. It is the responsibility of the non-CPR Seattle aligned Instructor to report this course to their primary Training Center.
         3. CPR Seattle reserves the right to disallow an instructor or group of instructors, not aligned with the Training Center, from participating as Instructors/Company Instructors in Training Center Courses.
      5. Course reporting and recordkeeping
         1. Upon course completion the following documentation listed below shall be input into the Instructor Portal within seven (7) calendar days of course completion. All documentation is to be scanned and uploaded in PDF format.
            1. The following course data must be input into the Instructor Portal:
               1. The name of each student completing the course.
               2. The card type (including optional modules) of each student completing the course.
               3. The course date, course location, and course duration or start and end time.
               4. Names of additional AHA instructors. A copy of the instructor card must be scanned and uploaded to the Instructor Portal if the instructor is not aligned with CPR Seattle.
               5. CPR Seattle reserves the right to require certain Instructors to obtain student phone numbers and addresses.
            2. The following forms must be scanned and uploaded to the Instructor Portal in PDF format (upload must be under 8MB and the file must be named by the month, date, year, and instructor, ex: 01_12_12_jane_doe):
               1. The original CPR Seattle course roster/sign-in sheet
               2. Amended agenda indicating any variations to the course outline
               3. Copies of any written test answer sheets for each student (required for BLS)
               4. All applicable skills check-off sheets for each student
               5. Completed course evaluation forms for each student
               6. Copy(s) of non-CPR Seattle aligned Instructor cards (if applicable)
               7. Heartcode Certificate of Completion if students did a blended learning course
            3. Administrative Fees
               1. Course documentation submitted more than 7 days after the end of the course will be assessed an administrative fee of $20 for each day it is late (e.g., documentation submitted 9 days after the class would have 2 days of late fees assessed)
               2. Course documentation submitted incomplete or with errors will be assessed a $20 administrative fee; each resubmission that is still incomplete or requires additional corrections will be re-assessed an additional fee
               3. These fees will be invoiced when certification cards are requested from the AHA.
         2. If an Instructor has course rosters and paperwork with pending corrections, the Training Center will not process additional course rosters until previous class rosters are corrected.
         3. Mandatory Record Keeping: All course records and documentation shall be maintained in a location separate from the Instructor Portal by the Instructors for a minimum of three years.
            1. The Instructors may be required to maintain training records by another government or accreditation agency. These requirements are the sole responsibility of the Instructors.
            2. The Instructor shall be able to forward any training records requested by the Training Center within forty-eight (48) hours of request.
            3. In addition to course documentation listed in item 3.b.v above, Instructor will maintain:
               1. Manikin cleaning/disinfection records consistent with the manufacturer's recommended procedures.
               2. All correspondence from AHA National/Regional and CPR Seattle.
            4. When an Internal Training Program has more than one Company Instructor, the Program Coordinator may keep all Company Instructor records in one central file accessible to all Company Instructors.
      6. Payment terms, ordering materials, and delivery
         1. Company Instructors are required to complete a billing agreement with the Training Center. CPR Seattle will only allow one accounts payable billing contact per organization unless arrangements are made in writing in advance of this Agreement.
         2. Only a current Instructor or Program Coordinator is able to order AHA materials and certification cards from the Training Center.
         3. The Training Center staff will verify information related to the Instructor for each order.
         4. The Training Center will ship AHA materials solely to the Independent Instructor or the Organization of the Company Instructor unless authorized on a per-order basis by the Training Center. Shipping charges will be applied per shipment.
         5. Tax-exempt Instructors and Organizations must submit tax-exempt information to the Training Center.
         6. Organizations with one or more Company Instructors will have the ability to order with a purchase order number if approved on the Billing Agreement Form.
         7. Purchase order reference information must be provided at the time of the order.
         8. An invoice from the Training Center will be sent to the email address provided by the Independent Instructor or Program Coordinator.
         9. All terms are net thirty (30) days.
         10. Any Instructor with an outstanding overdue balance will not be able to submit additional rosters until the balance and late fees are paid in full.
         11. All sales are final. No refunds will be made for orders received even if the AHA packaging is unopened.
      7. Instructor Certification Renewal: The Instructor shall attend only CPR Seattle-approved instructor renewal training, course updates, and instructor reviews at the CPR Seattle office unless specifically agreed to in advance and in writing by the TCC. Renewal requirements may exceed those outlined in the AHA Program Administration Manual.
   3. Copyrights, marketing, and web presence
      1. The Instructor will adhere to the advertising, marketing and internet rules and regulations as set forth in the Program Administration Manual without exception.
      2. The Instructor will not duplicate any part of the AHA DVDs, online content, Textbooks or Manuals.
      3. All internet web sites will follow the AHA internet guidelines.
      4. All advertising including internet, media or print must follow the AHA guidelines set forth in the most current Program Administration Manual and shall be pre-approved by CPR Seattle.
      5. The Instructor is strictly prohibited from using AHA logos as outlined in the Program Administration Manual.
      6. The Instructor will not portray themselves as a representative or employee of the Training Center or of AHA.
      7. The Instructor will share examples of their advertising and course signups with the Training Center, including but not limited to:
         1. Their own website or social media
         2. The AHA Find a Course tool
         3. (For Company Instructors) Organization-internal signups
4. Miscellaneous
   1. Non-employment: the Training Center hereby acknowledges that the Instructor is independent of CPR Seattle and nothing in this Agreement shall be deemed to create employment, agency, joint venture, partner or any other arrangement between the Training Center and the Instructor
   2. Relationships with other Training Centers
      1. Instructors who are aligned or seek to align with multiple training centers for Disciplines covered by this Agreement must inform all Training Centers prior to accepting a new alignment.
      2. Instructors who are aligned or seek to align with another training center for a Discipline not covered by this Agreement must inform CPR Seattle of the Training Center and Discipline of their alignment.
   3. Indemnification: The Instructor hereby agrees to indemnify and hold CPR Seattle harmless from any and all claims related to business practices, or injuries/exposures by any of the trainees or Instructors and further agrees to indemnify CPR Seattle from any claim, liability, suit, cause of action or expense related to the use, by any of the trainees or Instructors, of any methods or techniques learned in the Training Session.
   4. Non-competition
      1. The Instructor/Company Instructor and Organization will not compete with:
         1. Training Center programs including; clients, courses or management of training programs
         2. Solicitation of other AHA Training Sites or customers of the Training Center
      2. Upon notification to the Instructor/Company Instructor from the Training Center of such relationship, the Instructor/Company Instructor will immediately cease efforts to solicit business.
   5. Changes to this Agreement: CPR Seattle reserves the right to edit, add, omit or change any portion of this agreement at any time with notice supplied to the Instructor.