Training delivery terms and conditions

We are pleased to deliver Mind Training services for your organisation.

Please read the following important terms and conditions carefully. They will apply to our services such as, virtual and / or face-to-face training and learning activities. Our eLearning is available with a separate licence with distinct terms and conditions for use.   

Due to the enhanced health and safety measures required to keep all of us safe during the Covid-19 (coronavirus) outbreak, we will require you to complete our risk assessment in advance of any face-to-face activity where this is appropriate to deliver. We will also require you to review and sign our 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. The following terms and conditions will therefore apply:

Mind (the provider) will:

• provide Mind Training services as proposed and agreed with our Workplace Wellbeing Services team. Our training and learning activities can be delivered virtually or face-to-face (where permitted; satisfactory risk assessments will apply). In addition, our eLearning courses are available via two methods:
  • hosted on your organisation’s learning management system (LMS)
  • accessed via our external LMS.

If you are interested in our eLearning courses, please speak to your Account Manager for further details and to view our eLearning licencing terms and conditions. The overarching aim of all of our training and learning services is to raise awareness of mental health and wellbeing in the workplace and to benefit everyone, regardless of their employer or industry     

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

   

Once our terms and conditions have been signed, we will introduce you to your assigned Mind trainer/s as required.

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 including, training learners to provide any medical advice or guidance, training learners how to diagnose mental health problems, or training learners to segment people or judge eligibility for any service

• permit cobranding 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 cobrand 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) prior to delivery to ensure the agreed programme of training / learning meets your requirements and you have been provided with all of the necessary information, including 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 they 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 16 learners maximum), flipchart stand, paper and pens, technical equipment e.g. laptop, a projector and audio for video content, and any other reasonable materials required 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 (ensure they are made aware of emergency evacuation procedures and any special measures relating to Covid-19 and the training site / location and access to and from and as stipulated 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 / or comfort breaks can be taken distribute post-training materials relevant to learning 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 evaluation forms. Copies of these cannot be shared with you on site but are required to be returned to the Mind trainer or Mind directly in order to meet GDPR compliance

 

• where an alternative evaluation method is used e.g. 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. Thank you.

Intellectual Property Rights

The Client agrees and acknowledges that Mind owns all the content and therefore copyright of our training and learning including, trade marks (registered or unregistered) and other intellectual property rights known now or in the future and used or subsisting in the Course, the Supplier’s registered trademarks MIND and 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 our training and learning, and by the Attendee’s for personal and non-commercial use. For the avoidance of doubt, the 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 (all participants) do not breach the material use agreed. As soon as the Client becomes aware of any unauthorised use or potential unauthorised use of any Mind Material by any Attendee(s), the Client shall give Mind full written details of such use. Mind shall have the right to require the Client to enforce, enable and assist Mind to enforce the original use agreed

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 Material in a manner not authorised by this Agreement. Mind can cap the indemnity to the entire value of the Services agreed with the Client (e.g. day rates, admin and expenses).

Training group numbers

Mind Training is best delivered to groups of between four 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

The maximum number of participants for 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. £75 per person) for larger groups and this may also impact on the course and content we plan to deliver as a result. If a larger group of people are expected, please notify your Mind Account Manager as soon as possible.

Fees

• The fees that have been proposed and agreed with you will cover the 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 training / learning 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 (including bespoke activities)
• Trainer expenses are generally included with the fees quoted to you but there are some rare 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 e.g. if travel and / or accommodation is required and is excessive across the UK or internationally. Attendance at some development or consultancy meetings may also be charged for

Please note VAT is charged on all of our Mind Training services.

Cancellation and Postponement

The following conditions apply:

Cancellations: If we receive a cancellation with less than ten working days' notice of the agreed service date, we will apply a 100% charge

Postponements: Mind requires a minimum of ten working days' notice if you wish to postpone our course/s to an alternative date. Clients are permitted one postponement and the service must be rescheduled to take place within a maximum of six months from the original date, otherwise the cancellation charges as stated above may 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 (Agreement) resulting from acts beyond the control of that party, including but 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 does 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 created in collaboration or reviewed. 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 information, and Mind remains independent

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 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 work delivered unless prior permission is granted by the customer.

Please confirm your agreement with Mind’s Training terms and conditions as set out in this document and ensure this is completed prior to your programme development and delivery.

Contact

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

Thank you.

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