KENTUCKY HEALTH AND SAFETY TRAINING, LLC DBA CPR TRAINING CLINIC TERMS AND CONDITIONS FOR AMERICAN HEART ASSOCIATION COURSES

1. Payment Terms & Conditions

All participants are required to make their payment in full prior to attending the course. Accepted payments: Visa, Mastercard, American Express, and Discover. If payment is not received in full by course date, your seat will not be guaranteed. If you need to set-up a Purchase Order or wish to make another type of payment, please contact CPR Training Clinic. Failure to pay purchases in a timely manner, will cause this agreement to be placed in the hands of an attorney or collections agency. If this Agreement is placed in the hands of an attorney or a collection agency for collection following the occurrence of an Event of Default or any Breach hereunder, you agree to pay to Lender upon demand all costs and expenses, including but not limited to, all attorneys’ fees and costs incurred by CPR Training Clinicin connection with the enforcement of this Agreement (whether or not any action has been commenced by CPR Training Clinic) or in successfully defending any counterclaim or other legal proceeding brought by you.

2. American Heart Association CoursePolicies

a.

Attendance & No-Show Policy

Any participant attending an American Heart Association course, is required to be present during the entire time. Any participant who is more than 15 minutes late to the start of their course or more than 5 minutes late back from a break, will no longer be able to participant. Failure to be present will result in no refund from CPR Training Clinic, this includes no-shows.

b.

Course Cancellation Policy & Participant Rescheduling Policy

Any participant who needs to change, drop out, or reschedule their course are required to contact CPR Training Clinic directly. Participants will be given the option to reschedule. Rescheduling fees may apply.

c.

Course Completion Policy

All participants are required to successfully complete every requirement by the American Heart Association before your discipline specific certification will be issued by CPR Training Clinic. This includes all skills testing and any written exams. Upon successful completion, participants will receive their official American Heart Association certification via email from eCards@heart.org

Any participant who has not received their certification card within 20 days must contact CPR Training Clinic directly for a resolution.

d.

NO eLearning Refund Policy

No refunds will be issued by CPR Training Clinic for any American Heart Association blended learning/eLearning courses. Any participant that can no longer attend their skills session, may use their blended learning course for another upcoming skills session.

e.

NO Textbook Refund Policy

No refunds will be issued by CPR Training Clinic for American Heart Association provider manuals/textbooks. If a participant no longer needs their textbook, they may use it for another American Heart Association course.

f.

Recovering Certification Card Fee

Any participant who needs CPR Training Clinic to relocate their certification card. The cost will be $20 per occurrence if they did not purchase certification card insurance.

g.

NO certification Insurance Refund Policy

No refunds will be issued for certification card insurance.

h.

Remediation Policy

Participants who did not successfully pass the end of class remediation attempt will be allowed one more attempt to complete the course. If the participant fails the second attempt, they will be required to re-take the course again.

i.

Participant Dismissal Policy

A representative of CPR Training Clinic reserves the right to dismiss you out of the class at his sole discretion, permanently, without a refund for any behavior that is violating regulations and that causes a danger to themselves or others. You will indemnify KHST for, and hold KHST harmless against, any damage to equipment, facility, or facility furnishings resulting from other than responsible behavior or actions other than as directly instructed by the CPR Training Clinicrepresentative, including court-cost and legal fees (if necessary) and any and all other costs or damages.

3. Non-Discriminatory Statement

CPR Training Clinic is committed to and will provide equality of educational opportunity for all persons regardless of race, sex, age, color, national origin, ethnicity, creed, religion, disability, genetic information, sexual orientation, gender identity, pregnancy, or veteran status.

4. Americans with Disability Act Statement

The core curriculum must be examined to ensure that there are no fundamental changes to core content or educational design that would negate the ability of CPR Training Clinic to issue a course completion card. Contact CPR Training Clinic for more guidance if necessary.

5. Governing Law

This Agreement shall be deemed to have been made under, and shall be governed by, the laws of the Commonwealth of Kentucky in all respects, including matters of construction, validity, and performance.

6. Place of Execution

Regardless of where this Agreement is executed, it is deemed executed in Jefferson County, Kentucky, on the day and year written above. This agreement shall be interpreted in accordance with the laws of the Commonwealth of Kentucky.

7. Jurisdiction

You hereby consents to the jurisdiction of any state or federal court located within the County of Jefferson, Commonwealth of Kentucky and irrevocably agrees that, subject to the KHST’s sole and absolute election, any case or proceeding relating to this Agreement as evidenced hereby shall be litigated in such Revised November 11, 2017 courts, and you waive any objection which he or she or it may have based on improper venue or forum nonconvenience to the conduct of any proceeding in any such court. Nothing contained in this paragraph shall affect the right of the Kentucky Health and Safety Training, LLC dba CPR Training Clinic to bring any action or proceeding against you or his or he or its r property in the courts of any other jurisdiction.

8. Waiver of jury trial

Kentucky Health and Safety Training, LLC dba CPR Training Clinic and you acknowledge that the time and expense required for trial by jury exceed the time and expense required for a bench trial and hereby knowingly, voluntarily, unconditionally and irrevocably waive, to the fullest extent permitted by law, and after having consulted or having had ample opportunity to consult their respective legal counsel concerning the consequences of such waiver, trial by jury in any action or other proceeding (whether based on contract, tort, or otherwise) brought to in connection with this agreement.

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