Instructor Agreement Form - Desert Education Solutions
  • Instructor Agreement Form

    Desert Education Solutions
  • This form is to be completed by the person agreeing to become an American Heart Association Instructor seeking alignment with Desert Education Solutions, LLC (AHA TC ID: AZ20967).

    This is not an application for employment, but it is required to align with Desert Education Solutions, LLC, as an AHA Instructor. Completion of this form is required before any transactions may occur between you, the Instructor, and Desert Education Solutions, LLC. Any verbal understanding or agreement between the Instructor or Desert Education Solutions, LLC is superseded by the execution of this Agreement.

  • Your Instructor Contact Information

  • Instructor / TC Agreement

    Between "Instructor" and Desert Education Solutions, LLC ("TC")
  • Instructor Commitment: As an AHA Instructor, I agree to teach at least 4 courses in 2 years in accordance with the guidelines of the AHA and maintain a current provider card. I will strengthen and support the Chain of Survival and the mission of the AHA in my community and conduct myself in accordance with the ECC Leadership Code of Conduct.

    1. You will agree that training will be provided in accordance with all AHA polices, specified in both the Program Administration Manual (PAM), and the disciplinary-specific instructor manual. Any training must occur within the fifty (50) United States or the District of Columbia. It is expressly prohibited to provide training in other U.S. territories, or in any international venue outside this geographic area. 

    2. The AHA is an independent entity from any Training Center (TC), Training Site (TS), or Instructor. No Training Center Coordinator (TCC), TC, TS, Instructor, or other affiliated individual (employees, volunteers, or representatives) of a TC, TS, or Instructor may represent himself or herself as an employee of the AHA.

    3.  You acknowledge that you are not employed by the American Heart Association (AHA), Desert Education Solutions, LLC, or any other entity in the teaching or other delivery of AHA courses. If teaching on behalf of your organization exclusively, you will typically be covered under the respective employment and worker's compensation policies, and it is the sole responsibility of the Instructor to determine their applicable coverage appurtenant toward providing instruction in these courses. If you are not covered by any business insurance, all professional liability shall be borne solely by the Instructor, as a personal business and/or individual. You shall agree to hold harmless and indemnify Desert Education Solutions, LLC from any insurance claim related to the unrelated actions between Desert Education Solutions, LLC and Instructor, except when contracted specifically to deliver instruction on behalf of the TC directly as a compensated contractor.

    If teaching on behalf of Desert Education Solutions, LLC, you will receive a 1099-NEC form that will detail compensation received as an independent contractor for any work agreed-upon, in writing, in advance of the provision of such services.

    We strongly recommend procuring professional liability insurance, as teaching under our TC does not confer any coverage for liability, damages, or other torts under law that may occur as a result of teaching or facilitating these training classes. There is an expressed disclaimer that Desert Education Solutions, LLC, and its officers, affiliates, and other designees will not be held liable for any injury claim brought about by participants, instructors, or any other party not listed on the official course roster. 

    CPR performance is a physically demanding activity, and as such, it may result in injury to a participant. There is no insurance coverage provided to individual instructors outside of those classes that are specifically contracted for that Instructor to deliver on behalf of Desert Education Solutions, LLC at our dedicated locations.

    4.  AHA materials are required to be used for all courses. This includes requiring that all students have the current manual for any course that is taught.

    For purposes of this understanding, this means that you cannot store a library of books for use and reclamation after the course, except in limited circumstances, that would be specifically allowed by Desert Education Solutions, LLC.  The library exemption generally only applies to EMS agencies, K-12 schools, and hospitals (with specific requirements)

    From the PAM: "Each student must have the current appropriate course textbook readily available for use before, during, and after the course." We are committed to this concept, and individual instructors will be required to demonstrate significant compliance with that directive on a quarterly basis through production of purchase invoices through Worldpoint or other authorized distribution channels.

    This rule is non-negotiable, and it will lead toward dealignment if it is found that there is substantial non-compliance with this requirement, and this would be in the sole discretion of DES, LLC as the authorized training center, pursuant to notice being given to correct this deficiency, in which there is allotted ten (10) days to comply with any disciplinary corrective measure issued to the Instructor.

    5. You will be required to use a specific web-based system in order to be issued course completion cards. The basic system is provided free of charge, through the TC, but Instructors have the option to upgrade their system with the same vendor, at their sole expense, if so desired. Falsification of any course record is a material breach of both AHA and TC Agreements, and there will likely be a revocation of the ability for that Instructor to deliver AHA classes.

    6. Video requirements remain in effect for all AHA courses. Delivery of courses without the required AHA videos may result in disciplinary action, dealignment, or complete revocation of AHA credentials needed to teach classes. We do not tolerate deviations in the video requirement, except in cases of inadvertent, obvious video malfunction, and this will be noted in the course notes, if such a malfunction occurs. The TC shall be promptly notified if there are any video malfunctions in the delivery of an AHA course. Certain advanced classes may have the ability to provide those videos as a part of the pre-course work, and those are approved, except that the certificates of completion must be uploaded accordingly to the system if electing to deliver the course in that format.

    7. The TC may request additional supplemental information regarding a specific class from time to time. Information will be provided as requested in a timely fashion, and failure to do so is a breach of TC agreement and policy.

    8.  While these restrictions may appear to be constrictive, they are in place from both the AHA and the TC in order to provide compliant courses. Disagreements may arise, but be advised that it is in the sole discretion of the TC to fully adjudicate any disputes that may arise when there are matters of TC policy and/or AHA policy. If such disputes arise, there will need to be written notification provided to the TC before any action may be undertaken, as the AHA will not be involved in any dispute action regarding the TC and instructors. 

    9. Use of the AHA "Heart and Torch" logo (including derivatives) is only permitted under specific "AHA Seal Guidelines," and as such, these specific guidelines and the authorized graphics will be provided upon request of the Instructor from the TC directly. You are advised not to use any of the AHA's copyrighted materials, logos, or any other deprecated graphics that are no longer approved for use by the AHA.

    10. If any specific clause in this Agreement is found to be illegal or unenforceable under Arizona law, the remaining portions are still held to be in full force and effect notwithstanding.  

    11. If aligning with a current instructor card from under one or more disciplines from a previous TC, you will need to renew your card(s) before teaching any courses under Desert Education Solutions, LLC. Renewal of the cards can be done in several different ways, and you agree that you will abide by the current policy in effect at the time of any renewal. For those seeking Training Faculty appointments, you must bear Instructor card(s) that have been issued through Desert Education Solutions (AZ20967) before any appointment will take place.

    12.  All instructors must keep a valid email address and agree to receive communications from the TC.  Unsubscribing or blocking emails originating from the TCC will result in immediate dealignment. The TCC must be notified if there is a change in email addresses so that the contact management software may be updated accordingly.

    13.  Instructors agree to abide by any other directives or requirements as set forth in future memoranda that may be made.

    14.  Instructors are free to dealign from Desert Education Solutions and seek alignment with a new TC at any time. This TC only allows secondary alignments under specific circumstances, so if you are considering a secondary alignment, you must contact the TCC before doing so.  It is in the sole discretion of the TC to dealign any instructor from the TC at any time, with or without notice and with or without providing specific reasons for doing so. The relationship between instructor and TC is considered "at will" in nature.

     

  • Consent, Agreement, and Signature

  • By signing electronically below, you acknowledge the Agreement between Instructor and Desert Education Solutions, LLC (TC).

    This Agreement is considered perpetual, except in cases of material breach of this Agreement, as evidenced by notice being duly provided to the Instructor by written correspondence (USPS postal mail and/or email), in which this Agreement may be terminated immediately on the part of the TC.

    Either party may voluntarily terminate this Agreement with thirty (30) days' notice provided to the other party, in order to facilitate the instructor records transfer request. Records transfers will occur no later than this thirty (30) day notice, provided in writing or email, or of the receipt of the Instructor Records Transfer Request by USPS postal mail or email.

    Instructor agrees that any disputes of this Agreement will be adjudicated according to the laws of the State of Arizona, subject to legal filing by the aggrieved party through the Superior Court of Maricopa County, Arizona.

    The prevailing party in such a filed dispute shall be entitled to recoup any fees relating to the filing, corresponding attorney representation, and material fees associated with the legal dispute as filed in the legal jurisdiction noted above. 

  • With the electronic signature provided below, Desert Education Solutions, LLC agrees to the terms of this Agreement, as evidenced below by the electronic counter-signature:

    /s/ Jeff Zakaras, RN, BSN, BSM, BSCS

    (AS SUBMITTED ON THE BELOW "Agreed to" date)

    CEO/CFO

    Desert Eduation Solutions, LLC

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