Dynamis-Terms-and-Conditions

STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF TRAINING SERVICES 

1. Interpretation
   1. Unless the context requires otherwise, the following definitions apply:-

Business Day means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Cancellation Fees means the fees set out at clause 13.2.

Charges means the chargespayable by the Customer for the supply of the Services by the Supplier, as set out in the Supplier Quotation and payable in accordance with clause 7.

Conditions means these terms and conditions as amended from time to time in accordance with clause 21.

Contract means the contract between the Supplier and the Customer for the supply of the Services in accordance with these Conditions and the Schedules and, for the avoidance of doubt, including the Supplier Quotation.

Course Participants means the individuals who participate in the Online Courses and/or the Taught Courses and benefit from the provision of the Services.

Customer means the person or firm who/which purchases the Services from the Supplier.

Data Protection Legislation means the UK Data Protection Legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

Force Majeure Event means any circumstance not within a party’s reasonable control including but not limited to:-

1. acts of God, flood, drought, earthquake or other natural disaster;
2. epidemic or pandemic (including, without limitation, the COVID-19 pandemic);
3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
4. nuclear, chemical or biological contamination or sonic boom;
5. any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition;
6. collapse of buildings, fire, explosion or accident; and
7. any labour or trade dispute, strikes, industrial action or lockouts.

Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Online Course means an online course delivered by the Supplier pursuant to which the Customer and/or Course Participants learn remotely.

Schedules means the schedules appended and relative to these Conditions.

Services means the Online Courses and/or the Taught Courses to be provided by the Supplier as set out in the Service Specification.

Service Specification means the description or specification for the Services provided in writing by the Supplier to the Customer.

Supplier means Team Dynamis Limited, a company incorporated in Scotland under the Companies Acts (company number SC444639) and having its registered office address at Summit House, 4-5 Mitchell Street, Edinburgh, EH6 7BD.

Supplier Materials means all materials, equipment, documents (in hard copy or electronic form) and other property of the Supplier to accompany a course provided as part of the Services.

Supplier Quotation means the quotation provided by the Supplier to the Customer by email which sets out the Service Specification and the Charges.

Taught Course means a face-to-face course delivered by the Supplier and taught in a classroom setting at which the Customer and/or the Course Participants attend in person.

Websites means www.dynamis.training, lms.dynamis.training and and www.positive handling.co.uk

7. In these Conditions, the following rules apply:-
   1. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); 
   2. a reference to a party includes its personal representatives, successors or permitted assigns;
   3. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; 
   4. any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
   5. a reference to writing or written includes faxes and e-mails.

2. Commencement and term
   1. The Contract shall commence upon the Customer accepting the Supplier Quotation for the provision of the Services (by clicking the “Approve” link in the email sent to the Customer and containing the Supplier Quotation) and shall continue, unless terminated earlier in accordance with its terms, until the Services have been provided by the Supplier whereupon it will terminate.  
   2. Subject always to clauses 2.3 and 13.2 below, the Customer may terminate the Contract within 14 Business Days of the date of commencement of the Contract.
   3. The Customer shall not have the right to terminate the Contract in accordance with clause 2.2:-
      1. if the Customer has purchased an Online Course and the Customer and/or a Course Participant has already accessed all or part of the Online Course and/or has started to use the Online Course; or
      2. if the Customer has purchased a Taught Course and the Taught Course has been delivered by the Supplier. 
3. Supply of the Services
   1. The Supplier shall supply the Services to the Customer in accordance with the Contract.
   2. In supplying the Services, the Supplier shall:-
      1. perform the Services with reasonable care and skill;
      2. use reasonable endeavours to perform the Services in accordance with the Service Specification.
      3. observe all reasonable health and safety rules and regulations and security requirements that apply at any of the Customer’s premises and have been communicated to the Supplier, provided that the Supplier shall not be liable under the Contract if, as a result of such observation, it is in breach of any of its obligations under the Contract; and
      4. use all reasonable endeavours to meet the agreed dates for the provision of the Services, but in the event of illness or death of a trainer an alternative date will be arranged within a period of 10 Business Days.
4. Basis of Contract
   1. The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract. 
   2. Any descriptive matter or advertising issued by the Supplier and any descriptions of the Services contained on the Websites is published for the sole purpose of giving an approximate idea of the Services provided. They shall not form part of the Contract or have any contractual force.
   3. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
5. Customer’s Obligations
   1. The Customer shall:-
      1. co-operate with the Supplier in all matters relating to the Services;
      2. provide the Supplier, its employees, agents, consultants and subcontractors, in a timely manner and at no charge, with access to the Customer’s premises, office accommodation, data and other facilities as reasonably required by the Supplier, its employees, agents, consultants and subcontractors to provide the Services;
      3. provide, in a timely manner, such information and materials as the Supplier may reasonably require to supply the Services, and ensure that it is accurate in all material respects;  
      4. prepare the Customer’s premises for the supply of the Services;
      5. if the Services provided by the Supplier are Taught Courses, comply in all respects with the course venue arrangements set out in Schedule 2;
      6. procure that the Course Participants are suitable for participating in the Online Course and/or the Taught Course and that the Course Participants comply with the delegate suitability requirements set out in Schedule 3; 
      7. obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and 
      8. keep and maintain all Supplier Materials at the Customer’s premises in safe custody at its own risk, maintain the Supplier Materials in good condition until returned to the Supplier, and not dispose of or use the Supplier Materials other than in accordance with the Supplier’s written instructions or authorisation.
   2. If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or its agents, subcontractors, consultants, employees or the Course Participants (Customer Default), the Supplier shall:-
      1. without limiting its other rights or remedies, have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
      2. the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay; and
      3. be entitled to recover any additional costs, charges or losses the Supplier sustains or incurs that arise directly or indirectly from such prevention or delay. 
6. Video recordings
   1. The Customer agrees, and shall procure that the Course Participants agree, to the Supplier making video recordings of all physical skills coaching and training during the Taught Course and to storing such recordings on the Supplier’s systems.  
   2. The Supplier will always seek consent from the Course Participants to make video recordings before the provision of any the Taught Course.
   3. All video recordings are stored for security and evidence purposes.
   4. The Customer and/or the Course Participants may request the removal of any video in which they appear at any point. The Supplier has the right to deny such a request by giving reasonable justification for doing so.
   5. The Customer and/or the Course Participants shall not be permitted to make any recordings during the Taught Course without prior written consent from the Supplier.
7. Charges and payment
   1. In consideration for the provision of the Services, the Customer shall pay the Supplier the Charges and any Cancellation Fees in accordance with this clause 7.
   2. The Customer shall pay each invoice due and submitted to it by the Supplier, within 30 days of receipt, to a bank account nominated in writing by the Supplier.
   3. All amounts payable by the Customer exclude amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice. 
   4. The Supplier reserves the right to increase the Charges at any time where performance of the Supplier’s obligations under this Contact is made more difficult or costly as a result of:-
      1. coming into force of new legislation or regulations or changes to existing legislation or regulations; or
      2. a breach of the Customer’s obligations set out at clause 5 above.
   5. If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then, without limiting the Supplier’s remedies under clause 12 (Termination):-
      1. the Customer shall pay interest on the overdue amount at the rate of 8% per annum above Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount; and 
      2. the Supplier may suspend all Services until payment has been made in full. 
   6. All amounts due under the Contract from the Customer to the Supplier shall be paid in full without any set-off, counterclaim, deduction or withholding except as required by law. 
8. Data Protection
   1. The parties acknowledge that the Supplier may collect Personal Data in order to perform the Services under the Contract. The parties further acknowledge that where Personal Data is collected by the Supplier, the Supplier is the Controller for the purposes of the Data Protection Legislation under the Contract. In all other circumstances, the Customer is the Controller and the Supplier is the Processor for the purposes of the Data Protection Legislation under the Contract.
   2. Both parties will comply with all applicable requirements of the Data Protection Legislation.  This clause 7 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
   3. Where the Supplier is the Processor, the Supplier shall:-
      1. process materials containing the Personal Data only in accordance with the Contract;
      2. ensure that it has in place appropriate technical and organisational measures to protect against the unauthorised or unlawful processing of any of the materials containing the Personal Data and against accidental loss or destruction of, or damage to, the materials containing the Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the materials containing the Personal Data to be protected;
      3. notify the Customer without undue delay on becoming aware of a Personal Data breach; and
      4. maintain complete and accurate records and information to demonstrate its compliance with this clause 8.
   4. A copy of the Supplier’s privacy notice is available at:- [https://www.dynamis.training/about-us/privacy-policy/], and a paper copy can be requested from the Supplier in writing by the Customer.
9. Intellectual property rights 
   1. The Supplier and its licensors shall retain ownership of all Intellectual Property Rights in or arising out of or in connection with the Services (including, without limitation, the Intellectual Property Rights in the Supplier Materials, the Online Courses and the speeches made by the trainers at the Taught Courses).
   2. The Supplier grants to the Customer, or shall procure, the direct grant to the Customer of, a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use the Course Materials and the software in respect of the Online Courses for the purpose of receiving and using the Services.
   3. The Customer shall not sub-license, assign or otherwise transfer the rights granted in clause 9.2.
   4. The Customer shall not and shall procure that the Course Participants do not:-
      1. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without the Supplier’s prior written consent;
      2. record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given;
      3. use the Course Materials in the provision of any other course or training whether given by the Supplier or any third party trainer;
      4. remove any copyright or other notice of the Supplier on the Course Materials; and
      5. modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
10. Confidentiality
    1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 10.2. 
    2. Each party may disclose the other party’s confidential information:-
       1. to its employees, officers, consultants, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract.  Each party shall ensure that its employees, officers, consultants representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause 10; and
       2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    3. No party shall use any other party’s confidential information for any purpose other than to perform its obligations under the Contract.
11. Limitation of Liability
    1. References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    2. Nothing in these Conditions shall limit or exclude the Supplier’s liability for:-
       1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
       2. fraud or fraudulent misrepresentation; or
       3. any matter in respect of which it would be unlawful for the parties to exclude or restrict liability.
    3. Subject to clauses 11.1 and 11.2:-
       1. the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
       2. the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount equal to the Charges payable under this Contract.
    4. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract. 
    5. This clause 11 shall survive termination of the Contract.
12. Termination
    1. Without affecting any other right or remedy available to it, either party to the Contract may terminate it with immediate effect by giving written notice to the other party if:-
       1. the other party commits a material breach of any term of the Contract which breach irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
       2. a trainer dies or, by reason of illness or incapacity (whether mental or physical) is incapable of providing the Services on the date agreed between the parties and an alternative date has not been arranged within a period of 10 Business Days;
       3. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
       4. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;
       5. a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
       6. an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company, partnership or limited liability partnership); 
       7. the holder of a qualifying charge over the assets of the other party (being a company or limited liability partnership) has become entitled to appoint or has appointed an administrative receiver;
       8. a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
       9. any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12.1.3 to clause 12.1.8 (inclusive); or
       10. the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business.
    2. For the purposes of clause 12.1.1, material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the Customer would otherwise derive from a substantial portion of the Contract over the term of the Contract.  In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
    3. Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:-
       1. the Customer fails to pay any amount due under this Contract on the due date for payment;
       2. the Customer is in breach of its obligations under clauses 5 and 9.4;
       3. the Customer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986; or
       4. the Customer’s financial position deteriorates to such an extent that in the Supplier’s reasonable opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
    4. Without limiting its other rights or remedies, the Supplier may suspend the supply of Services under the Contract or any other contract between the Customer and the Supplier if the Customer fails to pay any amount due under this Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 12.1.3 to clause 12.1.10, the Customer becomes subject to any of the events listed in clause 12.3.2 to clause 12.3.4 or the Supplier reasonably believes that the Customer is about to become subject to any of them.
13. Consequences of termination
    1. On termination of the Contract for any reason the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt.
    2. If the Contract is terminated by the Customer prior to performance of the Services (which in the case of a Taught Course means the delivery of the Taught Course and in the case of an Online Course means the grant of access to the Online Course), the following Cancellation Fees shall apply:-
       1. 30% of the Charges if the Contract is terminated by the Customer between 20 Business Days and 10 Business Days prior to the date of performance of the Services agreed between the parties;
       2. 60% of the Charges if the Contract is terminated by the Customer between 10 Business Days and 5 Business Days prior to the date of performance of the Services agreed between the parties;
       3. 100% of the Charges if the Contract is terminated by the Customer 5 Business Days or less prior to the date of performance of the Services agreed between the parties. 
    3. Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
    4. Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.
14. Force majeure
    1. Provided the Supplier has complied with clause 14.2, if the Supplier is prevented, hindered or delayed in or from performing any of its obligations under this Contract by a Force Majeure Event, the Supplier shall not be in breach of this Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
    2. The Supplier shall:-
       1. as soon as reasonably practicable after the start of the Force Majeure Event, notify the Customer in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on the Supplier’s ability to perform any of the Supplier’s obligations under the Contract; and
       2. use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of the Supplier’s obligations.
    3. If the Force Majeure Event prevents, hinders or delays the Supplier’s performance of the Supplier’s obligations for a continuous period of more than 3 months, the Supplier may terminate this agreement by giving 14 days’ written notice to the Customer.
15. Assignment
    1. The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party.
    2. The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract without the Supplier’s prior written consent.
16. Notices
    1. Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered office or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause 16. and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier or e-mail. 
    2. A notice or other communication shall be deemed to have been received: if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by e-mail, one Business Day after transmission. 
    3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
17. Entire Agreement
    1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    2. Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.  Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

18. Severance
    1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 18 shall not affect the validity and enforceability of the rest of the Contract.
    2. If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
19. Waiver
    1. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. 
    2. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 
20. Third party rights

Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

21. Variation 

Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Supplier.

22. Governing law and jurisdiction
    1. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
    2. Each party irrevocably agrees that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

1.

COURSE VENUE ARRANGEMENTS FOR TAUGHT COURSES

TIMINGS Start times are 0930 in the morning or 1230 in the afternoon or 1500 for Twilight sessions, unless otherwise agreed with you and included on your booking confirmation. Our trainer will arrive within 30 minutes of the start time of your course and will need access to the training area a minimum of ten minutes before the start time.

Lunch is 30 minutes in duration at a time chosen by the attendees.

EQUIPMENT To assist your trainer to provide Dynamis customised presentations to your team, we request that you please provide: 1) a Flip-chart, whiteboard or equivalent so we can take notes while we interact with your staff and 2) a Digital Projector and a suitable projection surface (wall or screen) to show them some important information or 3) a Flatscreen TV if there is no projector with, if necessary 4) an Extension Cable to allow us to be in the right place! 

SIZE The training area for our physical skills training needs to be large enough for a group of people to undertake significant movement and exercise in a safe way. For non-physical skills training, the area will still need to be of a size that allows learners to carry out conflict scenarios where movement, distances, and positioning are included.

EXAMPLE SIZE An area of 64 square meters (8m x 8m) is the minimum suitable for a group of up to 12 learners if it is completely clear of any hazards. 

SAFE MOVEMENT The physical skills training will require an area large enough for the training group to move around in safely! It should have all obstructions and floor furniture removed so that we don’t bump into things – slips trips and falls account for the large proportion of injuries in the workplace. 

SLIP/ TRIP / FALL HAZARDS The area should be free from spillages, leaks, loose fittings, foreign objects, bare wiring and floor furniture. The floor covering will need to provide sufficient grip for safe physical activity (not slippy).

TEMPERATURE The temperature in the area needs to be neither too hot nor too cold. Where temperature may rise or fall, we will need the ability to warm up or cool down the area through a functional heating system, air-conditioning or ventilation using doors or windows. 

LIGHTING The area should be well-lit, commensurate with physical activities which require adequate visibility of the walls, floors or anything that might cause a slip, trip or fall. 

FIRE Fire Exits should be clearly marked and any fire hazards should be clearly noted and controlled. 

COMFORT and REST Sufficient seating for the classroom (theory) portions of the training should be available for classroom learning and groupwork exercises. 

LUNCH AND REFRESHMENTS Course Refreshments and Lunch (where necessary) will be the responsibility of the Customer.

2.

COURSE PARTICIPANTS SUITABILITY REQUIREMENTS

PERSONAL ABILITY: The course is designed to teach individuals how to undertake physical intervention, personal safety and conflict management skills in a safe and competent way. Although no formal qualifications are required individuals need to have the capacity to read and write in English and the physical ability to undertake and perform the physical skills required. 

PERSONAL FITNESS: The course does require delegates to be in reasonable physical condition. Delegates do not have to be a paragon of fitness but they will be required to have the physical capability to undertake the types of activity specified. Therefore, if delegates do have any physical impairment which you (as their employer with Section 2 HSAW duties) feel may compromise their ability to undertake the course please encourage them to seek the advice of a medical professional before attending. Our trainer may exclude them from the training on these medical or injury risk concerns, and their decision will be final.

Responsibility for occupational health and suitability for work remains with the employer.

Dynamis will communicate with you if we meet a learner who struggles with the physical aspects of the training in such a way that reasonable adjustments have not been possible for us to consider the learner to be generally safe in operational practice.

Note that a learner may meet the assessment criteria on our course, but that it is still the employers’ responsibility to be aware of any limitations, and to risk-assess and manage the employee’s work tasks accordingly.

MEDICAL: All delegates are required to complete a medical questionnaire prior to commencing the course. Medical issues declared may prohibit a learner from some or all practical activities on the course, which will be discussed and noted by the trainer. 

INJURIES: All injuries, past and present, must be disclosed, including any medication currently prescribed and / or being taken. The instructional / coaching staff reserve the right to exclude from the course any individual whom the staff have reason to believe may be unsuitable for training for health, safety and welfare reasons. 

PERSONAL COMPETENCE: Any concerns about a delegate’s physical ability or competence to undertake the training will be brought to the individual’s attention by the coaching staff. 

CLOTHING: Attendees should bring and wear adequate training kit for the full duration of the course including: comfortable training clothes and appropriate shoes to train in. Examples of inappropriate clothing would include: any form of open-toed or slip-on shoes or sandals, footwear with heels, skirts / dresses, shorts, low-cut tops, etc. The instructional / coaching staff reserve the right to exclude from the course any individual whom the staff have reason to believe may be wearing clothing which is unsuitable for training for health, safety and welfare reasons. 

TIMEKEEPING: The course is a very intense course and time is of the essence. Therefore, we require that delegates are on time for each session so that others are not waiting unnecessarily for them. This includes arrival. At least 90% attendance during course teaching time is required to achieve certification. 

JEWELLERY: For personal safety reasons on any course where physical skills are taught, all jewellery must be removed prior to any training commencing. Where an item of jewellery cannot be removed (i.e. wedding rings) it may be required to be covered dependent on its construction and style. 

ALCOHOL AND SLEEP: Learners must not be intoxicated during the training. Learners should have adequate sleep in the 24 hours prior to the course start time to ensure alertness and safety. Any individual who breaches this condition these conditions will be removed from the course. 

PARTICIPATION
If alearnerin the training course displays unsafe, disrespectful or abusive behaviour during the training, they will be asked to leave the course and report to their supervisor or manager. 

Examples of these behaviours include:

• Consistently unsafe practice in their use of force decision-making or physical skills.
• Repeatedly inappropriate attitudes to ‘treating people right – with dignity and respect’.
• Poor timekeeping, sufficient to miss more than 10% of the overall course time.
• Intoxication.

They will no longer be allowed to participate.  The Dynamis trainer will exercise all reasonable judgement and conflict management skills to manage such a situation. The Dynamis trainer’s judgement regarding a learner’s participation on their training course is final.  The trainer will report their decision and its reasoning to Dynamis HQ as soon as practicable for communication with the customer.

ASSESSMENT AND CERTIFICATION

Our assessment criteria are as follows:

• All skills are taught within a framework of conflict-prevention and risk-reduction.
• Each learner has observed the appropriate skills modelled for them.
• Each learner practiced the skills and was assessed as they used the skills in-context.
• Each learner applied the skills in role-play scenarios during the training.
• The learner demonstrated understanding of safe practice and the risks of unsafe practice.

Our approach is to assess learners against the learning outcomes at the maximum intensity level we can reach, within the bounds allowed by overall safety considerations and the staff declared medical conditions or injuries.  We certify learners based on what they can demonstrate on the training day of their assessment.

For some learners, we will reduce the intensity to a level where we can achieve the learning outcome (the learner knows what the correct approach is to a problem and can demonstrate the correct approach in-context) while being safe.  It is important to note that Instructors and Dynamis may be liable for injuries caused on a training course – so the intensity level of the training will be below ‘realistic’ levels for many learners.

Some learners who are not able to participate due to medical condition or injury, will be certificated as ‘observer only’ in relation to their fulfilment of the course learner outcomes.

Certificates are emailed to the course organiser, usually within one week of the training, for filing and distribution to their team as appropriate.