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 training program ("Program") course ("Course") and certification examination ("Exam") and to ensure compliance with the policies and procedures related to the Exam. 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 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.

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. 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 will abide by all trademark and copyright guidelines set forth in Solutions materials. 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.

When delivering a food safety class that is called "ServSafe", Instructor agrees to only use any available and appropriate ServSafe® instructional materials, media, and methods in the delivery of the Program.

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.

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.

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). 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.

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.

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.

Instructor understands that Solutions may notify third parties of penalty actions, with or without prior notice to Instructor. These parties include: educational institutions, government, health and regulatory agencies, employers, law enforcement agencies, etc. Instructor hereby releases Solutions, its officers, directors, employees, agents and affiliates from any action or claim related to such.

Instructor understands that information concerning Instructor’s status as an Instructor may be shared with Solutions affiliates, transferees and assignees.

Instructor attests, by entering this Agreement, that Instructor is using Instructor’s legally recognized name and not an alias of any sort.

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.

Instructor will not make claims or work with any person or organization that makes claims that guarantees passing the Exam.

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.

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.

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.


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.

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.

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 understands that all information gathered on 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.

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.

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.