Training delivery terms and conditions

Background

Mind’s Workplace Wellbeing training (“Mind Training Services”) is delivered externally to employers, employees and individuals in work.

Our courses are designed to:

• Raise awareness and broaden knowledge of mental health and wellbeing as it relates to working life, workplaces and working practices
• Encourage and inspire better workplace practices, policies and workplace cultures, so anyone experiencing a mental health problem at work can get the support and respect they deserve

These courses can be delivered face to face, virtually or digitally via eLearning.

We would be pleased to deliver Mind Training Services for your organisation.

Please read the following important terms and conditions carefully. They will apply to the Mind Training Services. We will need you to review and sign these terms and conditions before we can proceed.

The nature of the relationship we propose to have with you as the Client is one of a training and learning service provider. Mind Training Services are not delivered in ‘partnership’ with Mind unless otherwise stated.

Mind will:

• Provide the Mind Training Services as proposed and agreed between the Client and our Workplace Wellbeing Services team. Our training and learning activities can be delivered virtually or face-to-face (where applicable, satisfactory risk assessments will apply). In addition, our eLearning courses are available via two methods:
  • Hosted on your organisation’s learning management system (LMS), or
  • Accessed via our external LMS

The overarching aim of all Mind Training Services is to raise awareness of mental health and wellbeing in the workplace. They are are designed to benefit every type of organisation. In providing Mind Training Services to you, we agree to:

• Provide electronic copies of learner takeaways relevant to each training course topic/s
• Notify you as soon as possible of any changes, such as unforeseen cancellations (trainer illness, emergency, force majeure), and where possible, find a suitable replacement or reschedule with your agreement
• Ensure all information you provide is treated confidentially

Once these terms and conditions have been signed, we will introduce you to your assigned Mind trainer/s as needed, who will discuss your needs with you.

Mind (the provider) will not:

• Provide Mind Training Services via third parties to be ‘redistributed’ or ‘sold-on’, unless otherwise agreed and stated
• Provide occupational learning. This includes:
  • Training learners to provide medical advice or guidance
  • Training learners how to diagnose mental health problems
  • Training learners to segment people or judge eligibility for any service, support or policy
• Permit co-branding or misuse of Mind’s brand. Delivery of Mind Training Services to your organisation does not permit any use of Mind’s brand in any way which would mislead the public into the nature or Mind’s relationship with your organisation and/or be detrimental to the good name, goodwill, reputation and image of Mind. Delivery of Mind Training Services to your organisation does not permit your organisation to label itself a ‘partner’ of Mind or to list Mind as a charity it ‘supports’.

You (the Client) will:

• Not co-brand or misuse Mind’s brand, and misrepresent the delivery of Mind Training Services to your organisation as a ‘partner’ arrangement with Mind or list Mind as a charity it ‘supports’.
• Liaise with Mind’s Workplace Wellbeing Services team (in particular your Account Manager) before delivery of the Mind Training Services to ensure the agreed programme of training/learning meets your needs and you have been provided with all of the necessary information. This includes relevant rates, dates and timescales, trainer contact details, proposed programme of content (outlines and aims), delivery format, evaluation etc. Please notify us if you believe any specific information is missing or is unclear.
• Be responsible for promoting our training/learning to your staff internally, and/or ensuring all relevant colleagues are notified of dates and times of delivery so they can join and are encouraged to join on time to support effective delivery and respect participation for all. This is especially important where time-limited activities are scheduled
• Provide suitable and accessible facilities for our training (where face-to-face activity may be agreed) to take place such as:
  • Sufficient space for all attendees (up to a maximum of 16 learners, with a minimum of 3)
  • Flip chart stand, paper and pens
  • Technical equipment, for example a laptop, a projector and audio for video content
  • Any other reasonable materials needed to accommodate delivery and participation (unless otherwise agreed with your Account Manager and trainer/s)
• Ensure our trainer’s health and safety on your site/s, ensuring they are made aware of emergency evacuation procedures and access to the training site as laid out in your completed risk assessment.
• Provide lunch/refreshments during training days (where necessary) for learners and inform our trainer/s of where refreshments can be sourced and comfort breaks can be taken.
• Distribute post-training materials relevant to the Mind Training Services and as agreed by Mind (these will be sent electronically to you).
• Encourage attendees to complete our evaluation. Please note that virtual delivery is evaluated via our virtual evaluation survey and face-to-face activity is evaluated via survey links and QR codes. All feedback is received by Mind directly in order to meet GDPR compliance.
• Where an alternative evaluation method is used, for example your organisation’s evaluation form, please provide Mind with anonymised copies of the evaluation feedback. This is an important part of how we monitor our training and service.

Intellectual Property Rights

The Client agrees and acknowledges that Mind owns all the content and therefore copyright of our training and learning. This includes:

• Trade marks (registered or unregistered)
• Other intellectual property rights known now or in the future and used or subsisting in the Mind Training Services
• Any other articles, resources, evaluations and other materials sent to the Client by Mind (“Mind Materials”)

Mind Materials (including Mind’s trademark and logo) may only be used by the Client for internal communications to the Client’s employees to promote the Mind Training Services, and by the attendee’s for personal and non-commercial use (“Agreed Material Use”). For the avoidance of doubt, distribution beyond the Mind Training attendees/learners or commercial exploitation of the Mind Material is expressly prohibited.

The Client shall not amend, modify or alter the Mind Materials or content to include the Client’s logo or name.

The Client shall ensure that the attendees do not breach the Agreed Material Use. As soon as the Client becomes aware of any breach or potential breach of the Agreed Material Use by any attendee(s), the Client shall give Mind full written details of such breach/potential breach. Mind shall have the right to ensure the Client enforces, enables and assists Mind to enforce the Agreed Material Use.

The Client will indemnify and keep indemnified Mind against all loss, damage and expense (including any legal and other professional expenses) incurred or suffered by Mind directly or indirectly arising (in whole or in part) from any use, reproduction or distribution by the Client (or any person authorised or permitted by the Client) of any part of the Mind Materials in a manner not authorised by this Agreement.

Mind Training Services attendance numbers

Mind Training Services are delivered most effectively to groups of between 4 and 16 people. This is our recommendation. Limiting the number to 16 generally allows for a more interactive and rewarding learning experience for all involved and accommodates more effective group work and discussions, case study analysis and personal disclosure. It also makes delivery more manageable for our Mind trainers, whose wellbeing we aim to support. It is the duty of you, the Client, to ensure the training is attended by your staff within these parameters. Where less than 3 people attend and Mind have not been appropriately notified within the timescales outlined in this agreement, the training will be cancelled without reimbursement.  

The maximum number of participants for a virtual course or face-to-face training should not exceed 16 without prior agreement from Mind’s Workplace Wellbeing Services team (in particular your Account Manager). Extra delegates may be permitted but with prior permission from Mind. We may charge an additional rate (approx. £90 per person) for larger groups and this may also impact on the course and content we plan to deliver as a result.  Please inform your Account Manager 15 working days prior to the relevant session date.

Fees

• The fees that have been proposed and agreed with you will cover the Mind Training Services that have been agreed at the time of signing these terms and conditions. Mind reserves the right to adjust pricing at future dates for Mind Training Services, to ensure sustainability and cost-effectiveness. We will always discuss any plans to amend pricing with you in advance. Please note that fees for other Mind Workplace Wellbeing services will vary such as, eLearning, Workplace Wellbeing Index or consultancy services (including bespoke activities)
• Reasonable Trainer expenses are generally included with the fees quoted to you but there are some exceptions. If we deem expenses to be exceptionally high for Mind to absorb, then we may pass these charges on to you where such exceptional expenses are likely to be incurred, fro example if travel and/or accommodation is needed across the UK or internationally. Attendance at some development or consultancy meetings may also be charged for.

Please note VAT is charged on all Mind Training Services.

Cancellation and Postponement

The following conditions apply:

Cancellations

If we receive a cancellation with less than 15 working days' notice of the agreed Mind Training Services training date, we will apply a 100% charge.

Postponements

Mind needs a minimum of 15 working days' notice if you wish to postpone our course/s to an alternative date. Clients are permitted 1 postponement, and the Mind Training Services training date must be rescheduled to take place within a maximum of 6 months from the original date. Otherwise, the cancellation charges as stated above will apply.

Force majeure

Neither party shall have any liability whatsoever or be deemed to be in default for any delays or failure in performance under these Terms and Conditions resulting from acts beyond the control of that party. These include but are not limited to: acts of God, acts or regulations of governmental or supranational authority, war or national emergency, terrorist activities, accident, or fire.

Disclaimer

As an independent mental health charity whose aim is to safeguard the interests of people experiencing mental health problems, Mind’s Training Services do not extend to validating or endorsing work undertaken by other organisations and do not promote products or services devised or delivered by other organisations. To do so would undermine our credibility and could compromise our independence.

Any consultancy undertaken on behalf of, and guidance offered to you, does not constitute an endorsement of content. We believe that everyone with a mental health problem should be empowered to make an informed decision about the best type of help or treatment for them. It’s therefore very important to us that the information we provide is accurate, balanced and impartial and that Mind’s independence is not brought into question.

Mind’s name or logo cannot be used for promotional purposes (in company literature/on websites/in communications with external customers) by organisations unless expressly authorised by Mind.

Mind reserves the right to mention by ‘name only’ the companies to whom it has delivered Mind Training Services on its website and in promotional communications. However, this will not extend to revealing data about specific interventions or the exact nature of the Mind Training Services delivered unless prior permission is granted by the Client.

Please confirm your agreement with Mind’s Training Services’ terms and conditions as set out in this agreement and ensure that a signed version is completed prior to development and delivery of the Mind Training Services to you.

Contact

If you have any questions regarding our terms and conditions, please contact your allocated Account Manager or Mind Training Services and Product Development Manager (Training and Learning) via [email protected].