General Terms and Conditions for Training and Other Services

SafetyFirst SA – Ch. Prés-du-Marguiller 11 – 1273 Arzier-Le Muids – +41 21 635 31 14
www.safetyfirst.ch – CHE-283.834.860 VAT

1. Scope and validity

1.1 These General Terms and Conditions for Training and Other Services (hereinafter the GTCs or General Terms and Conditions) govern the provision of training and other services by SafetyFirst SA (hereinafter SafetyFirst) to the client. The client may be any natural person or legal entity that engages SafetyFirst’s services.

1.2 By placing an order with SafetyFirst, whether via the company’s website or directly through its employees or representatives, the client declares that they have read these General Terms and Conditions and undertake to accept them in their entirety. The version published on SafetyFirst’s official website shall prevail.

1.3 SafetyFirst reserves the right to amend these GTCs at any time and without prior notice.

2. Training, duration and content

2.1 Training is provided in the form of individual or group courses and takes place on premises made available by the client. The client also determines the number of participants in accordance with the conditions set out in section 4 below and with SafetyFirst’s approval.

2.2 The duration and content of the training are stated in the quotation and on the invoice sent to the client. The duration of the courses offered is fixed and announced in advance. However, a course may occasionally exceed the duration specified in the quotation and/or invoice by a few minutes.

2.3 If the training starts more than 15 minutes late, SafetyFirst undertakes to make up, at the end of the training or on another date, the difference between the scheduled and actual start times.

3. Client premises

3.1 The client must provide SafetyFirst with a room large enough to accommodate all participants on the list provided in advance, as well as the trainers.

3.2 Each participant and trainer must have a seat and a table. In addition, the room must have a sufficiently large area for the practical exercises provided by SafetyFirst.

3.3 The premises must be made available to SafetyFirst at least 30 minutes before the start of the training and for at least 30 minutes after the course (to complete the training documents and put away our equipment). The client is responsible for renting the training rooms.

3.4 If the room provided by the client does not have projection equipment, a whiteboard or a flip chart, SafetyFirst must be notified at least 10 days before the training so that it can take the necessary measures.

4. Participant list

4.1 The client must provide SafetyFirst with a list of participants at least 10 working days before the service is provided, with the tenth working day being the day on which SafetyFirst provides the training.

4.2 The participant list must include the surname, first name, date of birth and email address of each participant.

4.3 SafetyFirst reserves the right to refuse access to the training to anyone who is not registered.

5. IAS (Interassociation de sauvetage) inspections

5.1 The client agrees that IAS may access the premises made available at any time to verify that the quality of instruction provided by the SafetyFirst instructor complies with the requirements applicable to first-aid training (IAS standards). IAS does not notify SafetyFirst of its visits, meaning that SafetyFirst cannot notify the client in advance.

5.2 When entering into the contract, the client agrees that IAS inspectors may attend SafetyFirst training provided on the client’s premises.

6. Participant attendance

6.1 Each participant must attend the entire training course provided by SafetyFirst. Each participant must therefore be physically present from the beginning of the training, i.e. from the time SafetyFirst starts delivering the course, until the end of the training, i.e. until SafetyFirst issues the certificates to each participant.

6.2 To receive their certificate, each participant must actively take part in the entire training provided by SafetyFirst and must have paid the invoice in full. SafetyFirst reserves the right to determine whether or not the participant has attended the entire training.

6.3 If a participant does not attend the entire training provided by SafetyFirst, SafetyFirst reserves the right to require that participant to attend a make-up session in order to receive their certificate.

6.4 SafetyFirst reserves the right, at its sole discretion, to allow or refuse a participant’s absence for a short period in the event of a necessity or emergency, without this being held against the participant, provided that the absence does not exceed the period specified by the trainer. In such a case, the participant must notify SafetyFirst of their absence, and the trainer may grant a total absence of no more than 30 minutes during the training.

6.5 If the participant’s absence exceeds the period allowed by the trainer, SafetyFirst reserves the right to invite the participant to attend a make-up session.

6.6 SafetyFirst reserves the right to immediately exclude any participant whose behaviour is deemed inappropriate, disruptive, disrespectful or dangerous to themselves, other participants or the trainers.

6.7 This exclusion does not entitle the participant to any refund, even a partial one, and may, if necessary, result in the interruption of the training for the entire group if the safety or proper conduct of the session cannot be guaranteed.

7. Make-up session

7.1 The purpose of the make-up session is to provide participants who have not attended the entire training with the knowledge they missed due to their absence.

7.2 The duration of the make-up session corresponds to the duration of the participant’s absence from the course.

7.3 Once the make-up session has been completed, a participant who has successfully completed it is entitled to receive their certificate.

7.4 The make-up session is invoiced according to the time required for the participant who did not attend the entire course to acquire all the knowledge required to obtain the certificate.

7.5 An invoice for the make-up session will be issued within 15 working days of the date on which the training was provided by SafetyFirst.

7.6 The invoice must be paid no later than the 30th day after it has been sent.

8. Prices and payment terms

8.1 Unless otherwise agreed, the current prices for the products and services indicated on the SafetyFirst website shall apply.

8.2 All prices are net and, for first-aid training only, exclusive of VAT.

8.3 SafetyFirst reserves the right to change its prices at any time. The new prices apply as soon as they are published on the online platform.

8.4 Contractual services are provided against an invoice. The client undertakes to pay the invoice amount in full, without any deduction, and within the applicable deadline.

8.5 Any order approved by the client creates an obligation to pay the corresponding invoice. Unless otherwise agreed, invoices are payable within 30 net days. However, for training services, SafetyFirst reserves the right to require payment in advance. In that case, the invoice must be paid no later than 10 days before the training date. If payment is not received by this deadline, SafetyFirst reserves the right to suspend or cancel the service.

8.6 Unless otherwise agreed, if the client fails to fulfil their obligation to pay the full amount before the training or service, SafetyFirst reserves the right to suspend or even cancel the services concerned.

8.7 SafetyFirst accepts no liability for any damage resulting from the suspension or cancellation.

8.8 SafetyFirst reserves the right to send invoices electronically, and the client declares that they accept this form of communication.

8.9 Any late payment will result in late-payment charges becoming due. The client must pay an initial charge of CHF 10.00. If the delay persists, a second charge of CHF 20.00 will be due and debt collection proceedings will be initiated.

9. Course cancellation by the client

9.1 If the client cancels a service or course that has already been invoiced by SafetyFirst, the client must notify SafetyFirst at least 20 working days before the service is provided.

9.2 The period begins to run no later than 20 days before the date of the training or service provided by SafetyFirst, with the 20th day being the date on which the course is scheduled to take place.

9.3 If the cancellation occurs within the period specified in section 9.1, the client may propose new dates, which SafetyFirst reserves the right to accept or reject. If none of the proposed dates is suitable for SafetyFirst, SafetyFirst will contact the client to agree on a new date that does not disrupt SafetyFirst’s training schedule.

10. Late cancellation fee

10.1 If the cancellation does not occur within the period specified in section 9.1, i.e. 20 days or fewer before the course start date, part or all of the invoice will be charged to the client under the following conditions (hereinafter: the “late cancellation fee”):

• If the cancellation occurs 15 days before the start of the training, 30% of the total invoice will be charged to the client.
• If the cancellation occurs between the 9th and 15th day before the start of the training, 50% of the total invoice will be charged to the client.
• If the cancellation occurs between the 5th and 8th day before the start of the training, 75% of the total invoice will be charged to the client.
• If the cancellation occurs fewer than 5 working days before the start of the training, 100% of the total invoice will be charged to the client.

10.2 If the client does not notify SafetyFirst of the cancellation of the training or service, the late cancellation fee becomes due on the date on which SafetyFirst was scheduled to provide the service, and the full invoice amount will be payable.

10.3 The late cancellation fee must be paid in full within 30 days of the client’s notification that they are compelled to cancel the training or of the date on which SafetyFirst was scheduled to provide the service.

11. Course cancellation by SafetyFirst

11.1 In the event of insufficient registrations (at least 6 participants must be registered for each training course), SafetyFirst reserves the right to reschedule the training to a new date, where possible within 2 to 7 working days, provided that this does not disrupt SafetyFirst’s training schedule.

11.2 If rescheduling the date due to insufficient participation disrupts SafetyFirst’s training schedule, SafetyFirst reserves the right to cancel the training entirely.

11.3 No penalty or costs may be charged to SafetyFirst in the event of cancellation or rescheduling due to insufficient registrations.

11.4 In the event of force majeure (natural disaster, pandemic, disruption to transport, fire, strike, decision by the authorities, serious breakdown of equipment essential to the training, or any other unforeseeable event beyond SafetyFirst’s control), SafetyFirst reserves the right to cancel or postpone the training without this giving rise to any compensation for the client. In such a case, SafetyFirst undertakes to inform the client as soon as possible and, where possible, to propose a new date for the training concerned.

11.5 SafetyFirst provides fire extinguisher training in accordance with Swiss legal fire safety requirements. The purpose of this training is to enable participants to acquire the knowledge necessary to respond effectively in the event of a fire starting, in compliance with the applicable regulations, in particular the AEAI Ordinance on Fire Prevention.

In the event of adverse weather conditions (heavy rain, strong winds or heavy snowfall) or the unavailability of equipment essential to the training (fire extinguishers, fire simulator or protective equipment) due to a technical failure or malfunction, SafetyFirst reserves the right to postpone the session to a later date agreed with the client. In this case, no penalty or additional costs may be charged to the client, and a new date will be agreed between the parties as soon as possible.

The client undertakes to ensure that a safe and suitable area is available for the practical training, in compliance with the applicable safety standards. SafetyFirst accepts no liability for any accident or damage occurring as a result of failure to comply with the minimum safety requirements at the training site.

12. Intellectual property and data protection

12.1 Educational content, training materials, presentations, teaching aids and visual materials provided or presented during the training remain the exclusive property of SafetyFirst. Any reproduction, distribution or use for commercial or non-commercial purposes is strictly prohibited without SafetyFirst’s prior written consent.

12.2 Participants’ personal data is processed confidentially in accordance with the applicable Swiss data protection legislation. It is used solely for the organisation, management and follow-up of the training. The client and participants have the right to access, rectify or erase their data upon written request sent to SafetyFirst.

13. Right to one’s image

13.1 In the context of its training courses, SafetyFirst may take photographs or videos for educational, promotional or communication purposes.

13.2 By accepting these GTCs, the client agrees that images showing participants may be used, unless the participants expressly object in writing beforehand.

13.3 SafetyFirst undertakes to use these images with due regard for the dignity and rights of the persons concerned, without infringing their privacy.

14. Disclaimer of liability

14.1 Neither SafetyFirst nor its staff shall be liable for any damage caused to the client through the use of equipment provided by SafetyFirst during the training or through participation in the sessions, particularly in the event of accidents, injuries or damage.

14.2 The client uses the facilities and participates in the sessions at their own risk. Each client is responsible for ensuring that they have adequate accident insurance coverage.

14.3 SafetyFirst accepts no liability for the loss or theft of personal belongings, valuables, money, clothing or other items belonging to its clients occurring on its premises.

14.4 SafetyFirst accepts no liability for any issue that may arise outside or beyond the training sessions.

15. Complaints and dispute resolution

15.1 Any complaint relating to the quality of a service, training course or service provided by SafetyFirst must be submitted in writing (by email or post) within a maximum of 10 working days after the end of the service concerned. After this period, the service shall be deemed to have been accepted without reservation.

15.2 Upon receipt of the complaint, SafetyFirst undertakes to open an internal dispute assessment procedure. This procedure must include:

• An interview with the person who submitted the complaint (client or participant) in order to obtain a precise account of the facts and perceptions relating to the subject of the dispute, including the collection of statements.
• A hearing with the trainer or staff member concerned in order to obtain a complete and balanced view of the situation.

15.3 At the end of this fact-finding phase, SafetyFirst analyses the information collected, taking into account its contractual commitments and the quality of its services. If warranted by the circumstances, SafetyFirst reserves the right to consult external legal counsel to ensure impartial handling in accordance with applicable law.

15.4 A reasoned written response will be sent to the complainant within a reasonable period, generally 15 working days after receipt of the complaint.

15.5 In the event of a continuing disagreement, the parties undertake to attempt to resolve the matter amicably, for example through mediation. Failing this, the dispute will be brought before the competent courts in accordance with Article 15 of these GTCs.

16. Applicable law and jurisdiction

16.1 These GTCs are governed by Swiss law, to the exclusion of any other foreign law. The place of jurisdiction is in the Canton of Vaud, and the competent courts are those of Lausanne.