DUAL INSTRUCTOR/PROCTOR PERFORMANCE AGREEMENT

This Dual Instructor/Proctor Performance Agreement ("Agreement") is intended to ensure consistent and high-quality delivery of National Restaurant Association Solutions, LLC’s ("Solutions") ServSafe® Food Safety training program ("Program") courses (each a "Course") and certification examination ("Exam") and to ensure compliance with the policies and procedures related to the Program and 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 and Registered Exam Proctor (collectively "Instructor/Proctor"), and agree and accept all the conditions and requirements stated herein.

• Instructor/Proctor Status. Instructor/Proctor is aware of the ethical responsibility Instructor/Proctor holds as an Instructor/Proctor. Instructor/Proctor 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 Registered Exam Proctor is a privilege granted by Solutions and not a right. Instructor/Proctor agrees to adhere to Solutions’ standards and to abide by Solutions’ policies, procedures, and rules. Solutions may terminate and revoke Instructor/Proctor’s status as a Certified ServSafe® Course Instructor and/or Registered Exam Proctor at-will, without cause, and without incurring any legal liability. Instructor/Proctor understands that any indication of impropriety, illegality, fraud, misconduct (during or outside the event of Exam proctoring), failure to follow Solutions polices, or any actions on the part of Instructor/Proctor 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/Proctor whose status as a Certified ServSafe® Course Instructor or a Registered Exam Proctor is revoked may not be eligible to reapply as a Certified ServSafe® Course Instructor or a Registered Exam Proctor in the future. Solutions may further determine the procedure and requirements for any repeal process, in accordance with application accreditation requirements, if any.
• Instructor/Proctor Conduct. Instructor/Proctors 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/Proctor 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/Proctors 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.
• Dual Status. Instructor/Proctor understands and agrees that while acting as a Registered Exam Proctor, Instructor/Proctor relinquishes the role of being a Certified ServSafe® Course Instructor and will not provide any instructional services or otherwise act as an instructor in any way.
• Independent Contractor. Instructor/Proctor understands that although Instructor/Proctor is an independent contractor of Solutions and may also have employment affiliations with third parties, when Instructor/Proctor serves in the role of an Instructor/Proctor, Instructor/Proctor will preserve Solutions’ and its affiliates’ intellectual property and agrees to act in the best interest of Solutions and its affiliates and securely administer and maintain the confidentiality of Exam contents at all times.
• Classroom Instruction. When providing classroom instruction, Instructor/Proctor 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 loan) a copy of a ServSafe® textbook to refer to in preparation for the Exam.
• Communication with Instructor/Proctor. Instructor/Proctor agrees and understands that Solutions may communicate updates, changes, and other information to Instructor/Proctor by electronic mail, U.S. mail, or other means. Instructor/Proctor agrees to make and comply with any such updates.
• Instruction Materials. When delivering a ServSafe food safety class, Instructor/Proctor agrees to only use any available and appropriate ServSafe® instructional materials, media, and methods in the delivery of the Program. If Instructor/Proctor provides training materials regarding the Program or the Exam, whether or not Solution permits the use of such training materials (a) Instructor/Proctor shall not in any way suggest or represent that such materials have been endorsed by Solutions; and (b) Instructor/Proctor 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/Proctor 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/Proctor will only reproduce, post, or alter Solutions materials if Instructor/Proctor has received explicit written permission to do so from Solutions. Instructor/Proctor acknowledges and agrees that ServSafe is a registered trademark of The National Restaurant Association Educational Foundation. Instructor/Proctor will not place Instructor/Proctor’s own logo on Solutions content or materials. Instructor/Proctor 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/Proctor may publicly state that Instructor/Proctor is a Certified ServSafe® Course Instructor or a Registered Exam Proctor, but may not imply that Solutions has endorsed Instructor/Proctor’s services or that Instructor/Proctor is otherwise affiliated or approved of by Solutions or its affiliates. Instructor/Proctor 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/Proctor 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/Proctor has read the Handbook and understands the penalties for violating the standards and agrees to comply with the Handbook at all times. Instructor/Proctor 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/Proctor will comply with the procedures regarding handling any breaches of security that might occur 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/Proctor shall not collect, gather or store any biometric information from examinees.
• Examinee Contact Information. When reviewing the examinee answer sheets for completeness, Instructor/Proctor will ensure each examinee has provided his or her own individual contact information, and that such contact information is not Instructor/Proctor’s or the examinee’s employer’s contact information. Instructor/Proctor understands that Solutions uses examinee contact information to communicate Exam results, certificate renewals, compliance changes and to investigate Exam security violations. Instructor/Proctor will not do anything to impede Solutions’ ability to directly communicate with examinees.
• Exam Contents. Instructor/Proctor will not review or reveal the contents of any Exam at any time, nor will Instructor/Proctor duplicate the Exam via copying, downloading, publishing, or transcribing the Exam for any and all purposes without the express written permission of Solutions. Instructor/Proctor shall maintain the confidentiality of, and shall not disclose any documents, Exam questions, or confidential information received from Solutions without Solutions’ express written consent.
• Compliance with Laws. Instructor/Proctor understands that Instructor/Proctor is responsible for conducting the Course and/or administering the Exam in accordance with guidelines set by the local regulatory agency (including checking with Instructor/Proctor’s local health and/or regulatory agency regarding the training and examination administration requirements for Instructor/Proctor’s area) and in compliance with applicable laws. Instructor/Proctor shall, at Instructor/Proctor’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/Proctor provides pursuant to the Program. Additionally, Instructor/Proctor will comply with all current policies implemented by Solutions. Instructor/Proctor understands that Solutions has the right to audit any Courses Instructor/Proctor instructs and/or Exams Instructor/Proctor administers for quality assurance purposes with or without any advance notice to me.
• Violations. Instructor/Proctor is aware that the penalties for violating standards (provided in the Handbook or this Agreement) may include, but are not limited to: warning, probation, and temporary suspension of Course instruction and/or Exam 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/Proctor, put Instructor/Proctor on probation, and/or suspend Exam proctoring privileges prior to revoking proctoring privileges or pursuing civil or criminal action against Proctor.
• Irregularities. Instructor/Proctor 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/Proctor is also aware that Instructors/Proctors who are identified as potential sources of concern are subject to investigation, suspension, and/or direct revocation of Instructor/Proctor status due to the findings of data forensics reports in Solutions’ reasonable professional judgment.
• References. Instructor/Proctor 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/Proctor releases all such persons, entities and Solutions and its affiliates from all liability that may arise from such investigation and release of information. Instructor/Proctor has asked these individuals to attest to Instructor/Proctor’s qualifications because they have known Instructor/Proctor personally and/or professionally for at least one (1) year.
• Third Parties. Instructor/Proctor understands that Solutions may notify third parties of penalty actions, with or without prior notice to me, 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 may include: educational institutions, government, health and regulatory agencies, employers, law enforcement agencies, prospective examinees, etc. Instructor/Proctor hereby releases Solutions, its officers, directors, employees, agents and affiliates from any action or claim related to such.
• Disclosure of Instructor/Proctor Information. Instructor/Proctor understands that information concerning Instructor/Proctor’s status as an Instructor/Proctor may be shared with Solutions affiliates, transferees and assignees.
• Instructor/Proctor Name. Instructor/Proctor attests, by entering this Agreement, that Instructor/Proctor is using Instructor/Proctor’s legally recognized name and not an alias of any sort.
• Ethical Standards. Instructor/Proctor will act in an ethical manner and with integrity, by treating others with respect, being honest, and ensuring Instructor/Proctor’s behavior and actions will not have a negative impact on the Program or Solutions.
• No Guarantees. Instructor/Proctor 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/Proctor being ineligible to serve as a Certified ServSafe® Course Instructor and Registered Exam Proctor.
• Renewal. Instructor/Proctor understands that in order to maintain Instructor/Proctor’s status as an Instructor/Proctor that Instructor/Proctor must renew this Agreement every three (3) years, as well as abide by the provisions in this Agreement and the Handbook.
• Privacy Policy. Instructor/Proctor agrees to Solutions’ Privacy Policy. Proctor further acknowledges and agrees that Instructor/Proctor’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 and Registered Exam Proctors.
• Indemnification. Notwithstanding the above, Instructor/Proctor agrees to indemnify and hold Solutions, its officers, directors, employees, agents and affiliates harmless from any acts taken by Instructor/Proctor or those under Instructor/Proctor’s direct control while serving as an Instructor/Proctor. In no event will Solutions be liable to Instructor/Proctor 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/Proctor will carry and maintain, and upon written request provide evidence of, business liability and other insurance in amounts sufficient to cover Instructor/Proctor’s obligations under this Agreement.
• Governing Law/Venue; Waiver of Jury Trial. Instructor/Proctor agrees that this Agreement shall be governed by, construed in accordance with, and enforced solely in the State of Illinois. Instructor/Proctor 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/Proctor hereby waives any objection to personal jurisdiction that Instructor/Proctor may otherwise have. For good and valuable consideration, Instructor/Proctor hereby waives any right to a trial by jury.

Confidentiality

• Score Reports. Instructor/Proctor 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 Instructor/Proctor, the examinees’ employer, or appropriate health/regulatory agencies.
• Student Data. Instructor/Proctor understands and agrees that all student/examinee data (including but not limited to personally identifiable information such as examine contact information, 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/Proctor will take reasonable precautions to protect such.
• Disclosure of Confidential Information. Instructor/Proctor agrees to maintain score reports and examinee data (including examinee contact information) in strictest confidentiality. Instructor/Proctor will not divulge the personal information or score of any examinee to anyone other than the examinee, the representative of the sponsoring organization, or a health department official in the jurisdiction of the individual examinee. Instructor/Proctor will not use or retain the personal information or score of any examinee other than in connection with Instructor/Proctor’s administration of examinations. Instructor/Proctor understands that Instructor/Proctor may be held liable for damages resulting from any breach of this obligation.
• ADA. Instructor/Proctor 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/Proctor agrees to not disclose to any other person any confidential information on examinees needing special accommodations as defined under the ADA.
• Special Needs. Instructor/Proctor 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/Proctor understands that Instructor/Proctor may be held liable for damages resulting from any breach of this obligation. Instructor/Proctor also understands and agrees that Solutions has the right to suspend or revoke Instructor/Proctor’s right to instruct or administer Exams at any time at its sole discretion for any reason Solutions believes are in the best interests of the Program.