Service Agreement: Safety Plus Inc. Safety Training

Parties. The parties to this legal Agreement are your Company (“Company”), and SAFECO, INC. DBA SAFETY PLUS, INC. ("SAFETY PLUS INC."). If you are not acting on behalf of yourself as an individual, then "you", "your", and "yourself" and “the Buyer” means your company or organization or the person you are representing. All references to "we", "us", "our", “the Provider”, or “the Seller” shall be construed to mean Safety Plus Inc.

Compensation. The “service provider” will be paid at a rate specifically communicated to the Company in writing, electronically, and/or by telephone, NET10, for work performed in accordance with this agreement. Additional fees may be included when mutually agreed upon for other services. The company will pay the “service provider” for its direct cost of mailing, packaging, shipping, emergency or excessive travel, and other costs incurred by the “service provider” on behalf of the company in accordance with this agreement.

Cancellation Policy. The Company may provide written notice to the "service provider" informing the "service provider" of its intent to cancel the scheduled safety training without incurring a cancellation fee if the written notice is received by the "service provider" at least 48 hours in advance of the scheduled class. If the Company cancels the scheduled class within 48 hours, but not less than one hour, of the class, a cancellation fee of $250.00 will be applied. If the Safeco, INC. trainer arrives at the Company's work site or facility, or the class is otherwise cancelled within one hour of the scheduled class, the full agreed upon rate will be charged.

Independent Contractor. Both the company and the “service provider” agree that the “service provider” will act as an independent contractor in the performance of its duties under this contract. Accordingly, the “service provider” shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the “service provider's” activities in accordance with this contract.

Confidential Information. The “service provider” agrees that any information it receives during the period of this agreement, which concerns the personal, financial or any other affairs of the company will be treated by the “service provider” in full confidence and will not be revealed to any other persons, firms or organizations without a court order. This includes but is not limited to the name of the company, its officers, representative or directors.

Disclaimer of Liability. Safeco, INC. is not affiliated with OSHA or the OSHA Training Institute. Safeco, INC. shall not be held liable for any improper or incorrect use of the materials or information described and/or contained in the online training site and assumes no responsibility for any user's use of them. In no event shall Safeco, INC. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to: procurement or substitute goods for services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of training, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, or omission, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Risk Allotment. Due to the various industries and businesses that the “service provider” serves, the numerous laws, regulations, standards, restrictions, and mandates that may differ with each, and the fact that the company maintains complete operational control over its worksites, the “service provider” will not be responsible for any fines, penalties, or other judgments against the company resulting from lack of compliance or completeness of the “service provider’s” services. The company agrees to hold-harmless indemnify and defend the “service provider” and its directors, officers and shareholders from and against all claims, demands, liabilities, damages, losses, costs, and expenses, including attorneys’ fees and costs of investigation asserted against, incurred by or imposed upon the “service provider” associated with the “service provider's” services to the company. Specifically, the “service provider” will not be required to and does not warrant that it will review and opine on “consensus standards” including, but not limited to ANSI, NFPA, EPA, ASTM, ASME, municipal/state codes/regulations, etc. Nothing in this agreement will be construed or will imply that the “service provider” will provide engineering, equipment placement advise, suitability studies, or any other form of equipment appropriateness advise, and the “service provider” expressly does not warrant against defect any such opinion no matter how interpreted.

Choice of Law. The validity, interpretation and performance of this agreement shall be controlled by and construed under the laws of the State of Alabama to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or proceeding may be instituted.

Arbitration. In the event of dispute or conflict arising out of this agreement, both parties agree to legal and binding arbitration in accordance with the laws of the State of Alabama.

Notices. All notices pertaining to this agreement shall be in writing and transmitted either by personal hand delivery or through the United States Post Office. The addresses set forth above shall be where notices are sent, unless written notice of change of address is given.

Severability. If any part or parts of this Contract shall for any reason be deemed invalid or unenforceable, all remaining parts shall remain binding and in full force and effect.