2013 Houston Course Schedule

UNITED STATES
(III)
General
When rescheduling planned Training Courses, Seller and Buyer will cooperate in finding new dates.
Seller has instituted a no show charge for all classes that Buyer does not attend and that are not cancelled or
rescheduled by Buyer. In case of no show, Buyer will be invoiced one-hundred percent (100%) of the fee for
the Training Courses plus the Initial Preparation Fee (if applicable).
5. Training Courses outside of Sellers premises
In the event Seller provides Training Courses outside of Sellers premises, the training instructors are charged at
a day rate made available by Seller to Buyer and such rate applies for a 12 (twelve) hours work day. Additional
work must first be approved by Buyers representative and will be billed at a prorated rate plus 50% (fifty
percent). In no case Sellers personnel can work more than 16 (sixteen) hours (or the limited prescribed by the
local labor law, whichever is lesser) without receiving a minimum of 8 (eight) hours of rest. Where the situation
requires continuous coverage from Sellers personnel (24 (twenty four) hours per day) a minimum of 2 (two)
personnel should be utilized for both safety and efficiency reasons.
Seller agrees to protect, defend, indemnify and hold Buyer harmless from any and all damages, claims, liability,
demands and causes of action arising out of, or in any manner connected with the presence of Seller on Buyers
facilities if such damage, claim, liability or cause of action was caused by Sellers sole negligence.
The indemnities in this Section 5 shall be in addition to any other indemnity obligations between Seller and
Buyer, including any other indemnity obligations contained in these Terms and Conditions.

6. Use of Sellers premises

In the event the Training Courses are held on Sellers premises, Buyer agrees to follow all safety and/or other
rules and regulations that may be required by Seller. Failure to abide by these rules and/or regulations will be
cause for immediate removal of Buyer personnel from Sellers premises. Further, Buyer agrees to immediately
remove from Sellers premises any employee, agent, contractor or the like upon Sellers request for any reason
at Sellers sole discretion. Seller shall have and expressly reserves the right to refuse the admission of any
substance, material or equipment on Sellers premises.
Buyer agrees to protect, defend, indemnify and hold Seller harmless from any and all damages, claims, liability,
demands and causes of action arising out of, or in any manner connected with the presence of Buyer on Sellers
premises, except if such damage, claim, liability or cause of action was caused by Sellers sole negligence.
Buyer further agrees that it shall be totally responsible for any and all waste and/or hazardous substances
introduced onto Sellers premises by Buyer and shall perform all clean-up and removal of such substances. In
the event Buyer does not perform such clean-up and/or removal, Buyer shall indemnify Seller for all losses,
damages, claims, demands, costs, charges, and other expenses, including attorneys fees, as well as experts
and consultant fees, incurred by Seller related to such clean-up and/or removal.
The indemnities in this Section 6 shall be in addition to any other indemnity obligations between Seller and
Buyer, including any other indemnity obligations contained in these Terms and Conditions.

7. Training Materials
Training materials, as further defined by Seller in a case by case basis, are for training purposes only. It is
understood that the training materials contain good faith opinions that are not to be construed as warranties or
guarantees, express or implied, of accuracy or completeness, merchantability or fitness for a particular purpose.
Nothing contained in the training materials is to be considered as the rendering of professional advice, or to take
the place of either the written law or regulations. Seller will not be responsible for any results obtained from the
use of the training materials and shall not be liable for any direct, indirect, and/ or consequential damages.

8. Intellectual Property
All drawings, data, designs, written technical information, software, device, substance, article, machine, tool and
all other materials, excepting training materials, which are supplied by Seller to Buyer or which are invented by
Seller as a result of the Training Courses shall remain the property of Seller and shall be returned to Seller upon
termination of the Training Courses. Buyer agrees that it will not use or allow the use of any technology or knowhow supplied by Seller or otherwise obtained by Buyer under these Terms and Conditions, or to replicate Sellers
equipment, and Buyer agrees that it will not attempt to analyze, reverse-engineer, or otherwise ascertain the
composition or manufacture of Sellers products. The provisions in this Section 8 shall survive termination of the
Training Courses.

2013 Houston Course Catalog - United States - Release 3 10Jan2013

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