Instructor Performance Agreement

This Instructor Performance Agreement ("Agreement") is intended to ensure consistent and high quality delivery of the National Restaurant Association Solutions, LLC’s ("Solutions") ServSafe® Food Safety Manager training program ("Program") course ("Course") and certification examinations ("Exam") and to ensure compliance with the policies and procedures related to the Exams. Please read the following expectations and conditions carefully. By clicking the boxes next to each statement, you (for yourself, and/or as applicable, on behalf of your company) are committing to Solutions that you will follow these standards as a Certified ServSafe® Course Instructor ("Instructor"), and agree and accept all the conditions and requirements stated herein.

• Instructor Status. Instructor is aware of the ethical responsibility Instructor holds as an Instructor. Instructor understands that Solutions offers the Program and the Exam as independently accredited programs to ensure food safety and for the benefit of the restaurant and foodservice industry, and that serving as a Certified ServSafe® Course Instructor is a privilege granted by Solutions and not a right. Instructor agrees to adhere to Solutions’ standards and to abide by Solutions’ policies, procedures, and rules. Solutions may terminate and revoke Instructor status as a Certified ServSafe® Course Instructor at-will, without cause, and without incurring any legal liability. Instructor understands that any indication of impropriety, illegality, fraud, misconduct, failure to follow Solutions polices, or any actions on the part of Instructor that negatively impact the integrity of the Program, the Exam, or the reputation or finances of Solutions, as determined by Solutions in its sole discretion, shall be grounds for immediate revocation from any administrative responsibilities for any Solutions program. Solutions may determine, in its sole discretion, that an Instructor whose status as a Certified ServSafe® Course Instructor is revoked may not be eligible to reapply as a Certified ServSafe® Course Instructor or in the future. Solutions may further determine the procedure and requirements for any appeal process, in accordance with application accreditation requirements, if any.
• Instructor Conduct. Instructors must maintain professionalism at all times. Professionalism is defined as demonstrating the skill, good judgment and courteous behavior that is expected from a person who is skillful in their job. Instructor shall not engage in any offensive or objectionable behavior or conduct, including but not limited to not making any discriminatory remarks, and will uphold equal opportunity guidelines. Instructor shall afford the professional respect due to the Program and Solutions and its affiliates as entities that serve the restaurant and foodservice industry, and shall not belittle or make derogatory remarks regarding, Solutions and its affiliates.
• Independent Contractor. Instructor understands that although Instructor is an independent contractor of Solutions and may also have employment affiliations with third parties, while serving in the role as an Instructor, Instructor will preserve Solutions’ and its affiliates’ intellectual property and agree to act in the best interest of the Program and ensure that the important lessons in the Course are taught in a clear and consistent manner.
• Classroom Instruction. When providing classroom instruction, Instructor agrees to use the most current version of ServSafe® materials published by Solutions, and remain current when notified of updates to the Course materials. Solutions’ policies require that each participant receive (via purchase or a loan) a copy of a ServSafe® textbook to refer to in preparation for the certification Exam.
• Communication with Instructor. Instructor agrees and understands that Solutions may communicate updates, changes, and other information to Instructor by electronic mail, U.S. mail, or other means. Instructor agrees to make and comply with any such updates.
• Instruction Materials. When delivering a ServSafe food safety class, Instructor agrees to only use any available and appropriate ServSafe® instructional materials, media, and methods in the delivery of the Program. If Instructor provides training materials regarding the Program or the Exam, whether or not Solution permits the use of such training materials (a) Instructor shall not in any way suggest or represent that such materials have been endorsed by Solutions; and (b) Instructor represents and warrants that it and/or its affiliates hold full and entire title, rights and interest in the intellectual property used in such materials and its such materials shall not infringe any rights or interests of any third party, including Solutions and its affiliates.
• Intellectual Property; No Endorsement. Instructor will abide by all brand, trademark and copyright guidelines set forth in Solutions materials, and which may be updated from time to time and shall be provided to Instructor/Proctor upon request. Instructor will only reproduce, post, or alter Solutions materials if Instructor has received explicit written permission to do so from Solutions. Instructor will not place Instructor’s own logo on Solutions content or materials. Instructor will not use Solutions and/or its affiliates’ trademarks without explicit written permission to do so. Instructor acknowledges and agrees that ServSafe is a registered trademark of The National Restaurant Association Educational Foundation. Instructor will not place Instructor’s own logo on Solutions content or materials. Instructor will not use Solutions and/or its affiliates’ trademarks (including, but not limited to, ServSafe Food Handler, ServSafe Food Manager, ServSafe Alcohol, ServSafe Allergen, or ServSafe Workplace) without explicit written permission to do so. Any unauthorized use, copying, or distribution of any of Solutions’ or its affiliates intellectual property is strictly forbidden. Instructor may publicly state that Instructor is a Certified ServSafe® Course Instructor, but may not imply that Solutions has endorsed Instructor’s services or that Instructor is otherwise affiliated or approved of by Solutions or its affiliates. Instructor acknowledges and agrees that nothing in this Agreement shall create any ownership or intellectual property rights in Solutions’ or its affiliates’ intellectual property or confidential materials.
• Confidentiality; Handbook. Instructor is aware of and will follow the policies established by Solutions that ensure the confidentiality of the Exam contents and of secure Exam administration. These Exam policies and procedures are outlined in the ServSafe Examination Administration Handbook (the "Handbook"). Instructor has read the Handbook and understands the penalties for violating the standards and agrees to comply with the Handbook at all times. Instructor understands that all documents, Exam questions, or confidential information received from Solutions are and shall remain the exclusive property of Solutions, and that all documents or information shall be returned promptly to Solutions.
• Security. Instructor will comply with the procedures regarding handling any breaches of security before, during, and after an Exam and understands that Solutions will investigate any allegations of Exam security violations.
• Conflict of Interest. Instructor/Proctor will not administer the Exam to anyone that may result in a conflict of interest. This includes but is not limited to administering an Exam to a family member or friend.
• Biometric Information. Instructor shall not collect, gather or store any biometric information from examinees or students.
• Examinee Contact Information. When reviewing the examinee answer sheets for completeness, Instructor will ensure each examinee has provided his or her own individual contact information, and that such contact information is not Instructor’s or the examinee’s employer’s contact information. Instructor understands that Solutions uses examinee contact information to communicate Exam results, certificate renewals, compliance changes and to investigate Exam security violations. Instructor will not do anything to impede Solutions’ ability to directly communicate with examinee
• Exam Contents. Instructor will not review or reveal the contents of any Exam at any time, nor will Instructor duplicate the Exam via copying, downloading, publishing, or transcribing the Exam for any and all purposes without the express written permission of Solutions. Instructor shall maintain the confidentiality of, and shall not disclose any documents, Exam questions, or confidential information received from Solutions without Solutions’ express written consennt.
• Compliance with Laws. Instructor understands that Instructor is responsible for conducting the Course in accordance with guidelines set by the local regulatory agency (please check with your local health and/or regulatory agency regarding the training requirements for your area) and in compliance with applicable laws. Instructor shall, at Instructor’s own cost and expense, offer accommodations required by the Americans with Disabilities Act and any other applicable accessibility law with respect to the administration of the Courses, the Exams and any other services Instructor provides pursuant to the Program. Additionally, Instructor will comply with all current policies implemented by Solutions. Instructor understands that Solutions has the right to audit any Courses Instructor instructs for quality assurance purposes with or without any advance notice to Instructor
• Violations. Instructor is aware that the penalties for violating standards (provided in the Handbook or this Agreement) may include, but are not limited to: warning, probation, temporary suspension of Course instruction and/or proctoring privileges, revocation of Course instruction and/or proctoring privileges at will, civil or criminal action, and/or any other action Solutions considers appropriate. For the avoidance of doubt, Solutions is in no way obligated to issue warnings to Instructor, put Instructor on probation, and/or suspend instruction and/or Exam proctoring privileges prior to revoking instructing or proctoring privileges or pursuing civil or criminal action against Instructor/Proctor.
• Irregularities. Instructor is aware that Solutions’ Accreditation department regularly analyzes data collected from Exams, looking for any irregularities that may indicate a lack of Exam security, test fraud, or cheating. Instructor is also aware that Instructors who are identified as potential sources of concern are subject to investigation, suspension, and/or direct revocation of Instructor status due to the findings of data forensics reports in Solutions’ reasonable professional judgment.
• References. Instructor authorizes any references named in the application associated with this Agreement, to provide Solutions with any information that may be requested to arrive at an approval or other decision. Instructor releases all such persons, entities and Solutions and its affiliates from all liability that may arise from such investigation and release of information. Instructor has asked these individuals to attest to Instructor’s qualifications because they have known Instructor personally and/or professionally for at least one (1) year.
• Third Parties. Instructor understands that Solutions may notify third parties of penalty actions, with or without prior notice to Instructor and that Solutions shall have the right to announce and publish such penalty actions in whatever form and location(s), as Solutions deems appropriate in its sole discretion and in order to protect the public. These parties include: educational institutions, government, health and regulatory agencies, employers, law enforcement agencies, prospective students or examines, etc. Instructor hereby releases Solutions, its officers, directors, employees, agents and affiliates from any action or claim related to such.
• Disclosure of Instructor Information. Instructor understands that information concerning Instructor’s status as an Instructor may be shared with Solutions affiliates, transferees and assignees.
• Instructor Name. Instructor attests, by entering this Agreement, that Instructor is using Instructor’s legally recognized name and not an alias of any sort.
• Ethical Standards. Instructor will act in an ethical manner and with integrity, by treating others with respect, being honest, and ensuring Instructor’s behavior and actions will not have a negative impact on the Program or Solutions.
• No Guarantees. Instructor will not make claims or work with any person or organization that makes claims that guarantees passing the Exam. Failure to comply with this requirement will result in Instructor being ineligible to serve as a Certified ServSafe® Course Instructor.
• Renewal. Instructor understands that in order to maintain Instructor’s status as an Instructor that Instructor must renew this Agreement every three (3) years, as well as abide by the provisions in this Agreement.
• Privacy Policy. Instructor agrees to Solutions’ Privacy Policy. Instructor further acknowledges and agrees that Instructor’s name, employer, email address, and phone number may be publicized on the ServSafe.com to allow users to search for Certified ServSafe® Course Instructors.
• Indemnification. Notwithstanding the above, Instructor agrees to indemnify and hold Solutions, its officers, directors, employees, agents and affiliates harmless from any acts taken by Instructor or those under Instructor’s direct control while serving as an Instructor. In no event will Solutions be liable to Instructor for any special, indirect, consequential, punitive, exemplary or any similar type of damages arising out of or in any way related to this Agreement.
• Insurance. Instructor will carry and maintain, and upon written request provide evidence of, business liability and other insurance in amounts sufficient to cover Instructor’s obligations under this Agreement.
• Governing Law/Venue; Waiver of Jury Trial. Instructor agrees that this Agreement shall be governed by, construed in accordance with, and enforced solely in the State of Illinois. Instructor agrees that any claim or action relating to this Agreement shall be commenced exclusively in an appropriate court in the State of Illinois, and Instructor hereby waives any objection to personal jurisdiction that Instructor may otherwise have. For good and valuable consideration, Instructor hereby waives any right to a trial by jury.

Confidentiality

• Score Reports. Instructor understands that score reports are considered privileged and strictly confidential information. The only individuals authorized by Solutions to distribute scores and certificates to examinees are as follows: Solutions or its designee, the examinees’ registered proctor or Instructor, the examinees’ employer, or appropriate health/regulatory agencies.
• Student Data. Instructor understands and agrees that all student data (including but not limited to personally identifiable information such as social security numbers, addresses or other information) shall be considered confidential and shall not be utilized or disclosed other than to Solutions without a valid request from a court of competent jurisdiction or law enforcement authority, and that Instructor will take reasonable precautions to protect such.
• Disclosure of Confidential Information. Instructor agrees to maintain score reports in strictest confidentiality and will not divulge the score of any candidate to anyone other than the candidate, the representative of the sponsoring organization, or a health department official in the jurisdiction of the individual candidate. Instructor understands that Instructor may be held liable for damages resulting from any breach of this obligation. Instructor will not use or retain the personal information or score of any student or examinee other than in connection with Instructor’s administration of the Course or Exams. Instructor understands that Instructor may be held liable for damages resulting from any breach of this obligation.
• ADA. Instructor understands that all information gathered on students or examinees requiring special arrangements or accommodations in accordance with the Americans with Disabilities Act (ADA) is proprietary and confidential information. This includes information on individuals who assist candidates with special needs. Instructor agrees to not disclose to any other person any confidential information on examinees needing special accommodations as defined under the ADA.
• Special Needs. Instructor agrees to maintain all information with reference to any candidate with special needs, or any individual assisting a special-needs candidate as strictly confidential and privileged information. Instructor understands that Instructor may be held liable for damages resulting from any breach of this obligation. Instructor also understands and agrees that Solutions has the right to suspend or revoke Instructor’s right to instruct at any time at its sole discretion for any reason Solutions believes are in the best interests of the Program.