Provider Agreement 2016

RECITALS

(A) Mountain Training Cymru is established for the objects set out in its Articles of Association. The objects include approval by Mountain Training Cymru of providers to educate and train others in the personal and leadership skills required for hill, mountain, moorland and countryside walking, indoor climbing and rock climbing.
(B) The provider is approved to deliver Mountain Training Cymru schemes.

OPERATIVE PROVISIONS

1. Interpretation

In this agreement the following expressions shall have the following meanings unless the context otherwise requires:

PROVIDER’ means the named individual or an organisation approved by Mountain Training Cymru to deliver schemes.

PROVIDER OWNER’ means the individual responsible to conform with this agreement and who is the primary link between the provider and Mountain Training Cymru.

APPROVED’ means that Mountain Training Cymru is satisfied that the provider has all appropriate procedures, equipment, staffing and otherwise to provide courses and training for candidates as outlined within the Mountain Training Cymru Quality Manual.

ANNUAL FEE’ means the fee in an amount at the discretion of Mountain Training Cymru, which will be requested by Mountain Training Cymru from the provider, at the end of each calendar year that this contract continues, until termination and which must be paid by the provider on or before the date as stated on the invoice for that relevant year, as part of the consideration for ongoing approval by Mountain Training Cymru.

COURSE FEE’ means the fee in an amount at the discretion of MTC, which will be requested by MTC, from the provider at the end of each course.

QUALITY MANUAL’ means the scheme specific quality manual as supplied by Mountain Training Cymru, which may be periodically amended by Mountain Training Cymru.

TERMINATION’ means the grounds on which Mountain Training Cymru or the provider may end this agreement such that the provider will thereafter no longer be or be approved by Mountain Training Cymru, as more particularly defined in Clause 5.

UPDATE WORKSHOP’ means a workshop provided by Mountain Training Cymru or other Board for the purposes of developing and operating schemes run by the provider and approved by Mountain Training Cymru.

2. Approval

Mountain Training Cymru hereby confirms that the provider is approved by Mountain Training Cymru until termination of this agreement in consideration of payment by the provider of the annual fee and compliance with the terms and conditions set out below.

3. Obligations of the Provider

3.1To abide by the working practices and procedures outlined within the quality manual and supporting documents.

3.2To pay the Annual Fee and Course Fees.

3.2To ensure amongst other matters that courses, training and systems provided by the provider are strictly in accordance with the rules and requirements set out in the quality manual.

3.2To allow moderation by Mountain Training Cymru of courses delivered by the provider.

3.3To ensure that appropriate professional indemnity insurance is in place.

4. Obligations of Mountain Training Cymru to the Provider

4.1 To continue to approve (where appropriate) the provider in consideration of payment of the annual fee.

4.2 To continually monitor the service and systems operated by providers and to continually review developments in mountain walking and climbing and seek to disseminate all relevant information to Providers.

4.3 To provide and continually keep under review and update the quality manual and supporting policies.

4.4 To maintain an online resource providing an accurate database of the training and assessment records of registered candidates and upcoming courses.

4.5 To provide facilities and personnel for dealing with complaints or appeals.

4.6 To deliver a series of annual update workshops.

5. Termination

5.1 The provider may terminate this Agreement upon giving one month’s notice in writing.

5.2 Mountain Training Cymru may terminate this Agreement upon giving one month’s notice in writing in the event that:- 5.1.1 the provider fails to pay the Annual Fee

5.1.2 the provider fails to pay the Course Fee.

5.1.3 the provider has failed to deliver any courses within any period of 36 months.

5.3 Mountain Training Cymru may remove approval for a specific scheme upon giving one month’s notice in writing in the event that the provider fails to abide by the working practices and procedures outlined within the quality manual and supporting policies.

5.4 This Agreement shall automatically terminate without notice where the provider or Mountain Training Cymru shall become insolvent by reason of inability to pay debts as they fall due or shall enter into bankruptcy or liquidation whether voluntarily or compulsorily, (in the case of companies, other than for the purposes of a reconstruction or amalgamation), or shall make any arrangement or composition with its creditors or shall suffer the making of an administration order in respect of all or any part of its assets or takes or suffers any similar action in consequence of a debt.

5.5 Any such notice of termination served by Mountain Training Cymru under sub-clause 5.2, 5.3 and 5.4 shall be subject to appeal by the Provider pursuant. The Provider accepts that during the period after notice of termination by Mountain Training Cymru comes into effect and until the date of the resolution of any appeal the Provider's approval shall be deemed suspended and the Provider shall not operate any courses during that period without the express written consent of Mountain Training Cymru , the giving of which shall be at the sole discretion of Mountain Training Cymru.

6. Consequences of Termination

Upon Termination of this Agreement, the Provider shall cease to advertise courses, or themselves as an Mountain Training Cymru approved provider of schemes. Upon termination of this Agreement Mountain Training Cymru will disable the Provider account.

7. Indemnity by the Provider

The Provider hereby agrees and undertakes fully and effectively to indemnify and keep indemnified Mountain Training Cymru both before and after the termination of this Agreement for and against all damages, loss, claims, demands, expenses (including legal and professional expenses), costs and liabilities which Mountain Training Cymru may at any time incur as a result of any and all breaches by the Provider of the terms of this Agreement.


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