CSIA Course Conductor Contract and Service Proposal

Canadian Ski Instructors' Alliance français

CSIA Course Conductor Contract and Service Proposal

Training Service Contract

BETWEEN:

CANADIAN SKI INSTRUCTORS’ ALLIANCE (NATIONAL OFFICE), 4900, Jean-Talon Street West, Montreal, province of Quebec, H4P 1W9,
(hereinafter "The CSIA")

AND:

(hereinafter "The Course Conductor")

The masculine form used in this Agreement represents both male and female genders.

WHEREAS the CSIA wishes to retain the services of accredited Course Conductors in order to offer training to the CSIA’s existing or prospective members;

WHEREAS the Course Conductor represents that he is accredited and competent to train the CSIA’s existing or prospective members;

WHEREAS the Course Conductor wishes to offer his services to the CSIA without limiting his ability to offer his services as a Course Conductor, or any other lucrative activity, to others;

WHEREAS the parties to this Contract fully understand and agree that this contract shall not be interpreted as an employment contract, the intention of the parties being that the Course Conductor renders his services to the CSIA as self-employed;

THEREFORE, the parties agree as follows:

THE CSIA

1. The CSIA shall make available to the Course Conductor:

	1.1. a detailed Service Proposal to be completed by the Course Conductor, for the training to be given throughout Canada, by region; 1.2. a uniform, on loan or available for purchase, bearing the colors and identification of the CSIA (crest, logo, etc.); 1.3. Administrative assistance for the reservation of the site where each training is to take place and shall bear the costs of rental of the site; 1.4. If necessary, the loan of any audiovisual equipment necessary for the training; 1.5. The manuals and books relating to the training. 1.6. Local Worker’s Compensation (WCB) coverage only if the cause of the work-related accident or illness is sustained while the Course Conductor is on duty; acting under this Contract.
		1.6.1. when a Course Conductor works under contract for the CSIA, the expression “on duty” is considered within the professional sphere and includes all national sanctioned activities or events directly linked to the Course Conductor’s tasks, while on snow or in class rooms: These include courses, modules, PDPs, conventions, etc., and exclude all personal activities. A personal activity includes all activities outside the professional sphere. 1.6.2. a Course Conductor working under contract for the CSIA in all national sanctioned activities or events (as per 1.6.1.) is covered by the professional liability insurance coverage while “on duty”, conducting training in Canada only. 1.6.3. a Course Conductor warrants that he will hold the CSIA, its directors, officers, employees, insurers, representatives and agents (hereinafter collectively, the CSIA) harmless from any and all claim instituted against the CSIA related directly or indirectly to any personal activities of the Course Conductor.

EXCLUSIONS

2. The services and material to be furnished by the CSIA as mentioned in paragraph 1 of this Contract specifically exclude the following:

2.1. responsibility for any P.S.T or G.S.T. reporting obligations of the Course Conductor.
2.2. responsibility for Worker’s Compensation coverage, Accident, Death & Disability and General Liability Insurance programs, work visas, travel, accommodations, or all other related expenses, etc., while the Course Conductor is conducting training on courses or events hosted by or on behalf of a third party.

THE COURSE CONDUCTOR

3. The Course Conductor shall:

3.1 be a member in good standing and shall be accredited by the CSIA for the current season ;
3.1.1. Accreditation means the Course Conductor has paid for and successfully completed all training required, each season, to conduct the particular national sanctioned course, module, PDP, conventions, etc., for which he has been contracted.

3.2. submit this Contract along with the duly completed Service Proposal, electronically via snowpro.com, by Friday, October 10th, 2008 at the latest. In doing so, the Course Conductor shall be considered to offer his services to CSIA National and agrees to be binded by the terms of the present Contract.

3.3. furnish his own ski equipment and any computer equipment required to dispense the training;

3.4. submit to the CSIA his duly completed Service Proposal;

3.5. attest that he is in adequate physical condition to fulfill all duties safely;

3.6. report no functional limitation or personal condition that could put him/her at risk or worsen his/her condition while working for the CSIA;

3.7. remain solely responsible for the planning and execution of the CSIA national sanctioned courses, modules, PDPs, conventions, etc.;

3.8. in the event he is unable to conduct his training, be responsible for finding an accredited Course Conductor, with prior approval from the CSIA, to replace him;

3.9. be free to use the methods (i.e., Technical/Tactical) of training of his choice while teaching the members, provided it is within the scope of the course content;

3.10. evaluate each participant in conformity with the training program. The Course Conductor shall remit to the CSIA the results achieved by each participant; the CSIA shall not reevaluate the results unless a complaint is filed by a participant;

3.11. undertake to respect and follow the CSIA “Code of Ethics” and “Code of Conduct”.

TERM AND TERMINATION

4. The present Contract shall commence on November 1st 2008 and shall terminate on May 15, 2009 or upon the completion of the training that the Course Conductor has agreed to dispense.

5. The present Contract shall automatically terminate upon the occurrence of one of the following events:

5.1. any contravention by the Course Conductor of the CSIA “Code of Ethics” and “Code of Conduct”;

5.2. the death of the Course Conductor;

5.3. the institution of protective supervision of the Course Conductor under provision 256 and following of the
Québec Civil Code or under similar provisions in force in other Provinces;

5.4. the bankruptcy of the Course Conductor;

5.5. the dissolution of the CSIA;

5.6. the disability of the Course Conductor;

5.7. the cancellation of this Contract when signed by both parties fourteen (14) days prior to the start date of the Course;

5.8. in case of a serious or gross negligence of the Course Conductor.

5.8.1 Negligence would be relevant only to the standards applied to the course conduction; causing harm to the quality standard and reputation of the CSIA;

5.9. in case of an event resulting from superior force/act of God;

5.10. the Course Conductor contravenes the terms of this Contract.

REMUNERATION 6. The Course Conductor shall be paid for his services upon presentation of an invoice in accordance with Annex “A” and Annex “B”, at the following daily rate:
	6.1 Level 2 Course Conductor: $205.00 per day 6.2 Level 3 Course Conductor: $220.00 per day 6.3 Level 4 Course Conductor: $246.00 per day

7. The Course Conductor shall be entitled to a $20.00 bonus per day after twenty (20) days of training on any of the following: CSIA Level 2, 3 and 4 Courses, Snowpark Certification Course, National Modules as well as the National Annual Members’ Conventions only.

8. The Course Conductor shall be reimbursed for the expenses incurred in connection with CSIA sanctioned training in conformity with the CSIA’s rules, plus taxes if any, upon presentation of an invoice, in accordance with Annex “A” and Annex “B”.

MODIFICATION

9. Any modification or amendment to this Contract shall be in writing and signed by both parties.

INTERPRETATION

10. Any provision of this Contract which is not in compliance with any applicable laws shall be deemed void, unenforceable and without effect to the extent that it is prohibited by one of the said laws. The remainder of the Contract shall continue to be in force and effect.

11. Any waiver of the enforcement of an undertaking by a party or a right granted to a party under no circumstances shall be interpreted or construed as a waiver of the enforcement of such undertaking or right in the future; except as otherwise stipulated herein, no waiver by a party is effective unless it is stipulated in writing and such waiver is limited to the express content of such waiver.

12. The headings used in this Contract shall serve merely to assist in classifying and identifying the provisions of this Contract and as a result, no meaning shall be ascribed to them nor may they influence the interpretation or construction of a provision.

13. This Contract shall be governed and interpreted in accordance with the laws of the Province of Quebec and the laws of Canada, as applicable.

14. No time limit or deadline in this Contract shall be extended unless it is agreed to in writing signed by both parties.

15. The parties have expressly requested that this Contract be prepared in the English language.

CONFIDENTIALITY
The parties agree that they shall not at any time or under any circumstances, without the prior written consent of the other or except as may be required by law, directly or indirectly communicate, disclose or use for their personal use any knowledge or information whatsoever acquired by them relating to or concerning the technology, trade secrets or any other confidential information regarding the property, business and affairs of CSIA National or the Course Conductor except for the purpose of carrying out this Contract.
AND THE PARTIES HAVE SIGNED THIS TRAINING SERVICE CONTRACT IN THIS DAY OF 2008.

The COURSE CONDUCTOR

Service Proposal

November 08

December 08

January 09

February 09

March 09

April 09

To confirm your acceptance and to submit, make sure you have checked all required fields. By clicking the submit button, you acknowledge having read and accepted all the terms and conditions relative to this contract and service proposal.

Have a great season!