This Technician Training Agreement and Liability Waiver (“Agreement”) is entered into by and between Fix it Appliance Academy,LLC (“Company”) and the individual enrolling in or participating in the Fixit Appliance Academy training program (“Technician”).
By registering for, attending, or participating in any training program, whether in-person or online, the Technician agrees to the following terms and conditions:
The Company operates Fixit Appliance Academy, an educational platform offering in-person and online training programs for technicians seeking to learn diagnostic and repair techniques for household and commercial appliances. The Technician acknowledges and agrees that the training provided by the Company is for informational and educational purposes only, designed to enhance technical skills, and does not constitute professional repair services, employment, or certification. The Technician further acknowledges that participation in the training program does not constitute a consumer transaction for personal, family, or household purposes and that the Company’s services are not subject to the Ohio Consumer Sales Practices Act (R.C. §1345.01 et seq.) or any similar state or federal consumer protection statute.
The Technician agrees to comply with all instructions, safety protocols, and facility rules established by the Company or its instructors. The Company reserves the right to remove any participant who engages in unsafe, disruptive, negligent, or inappropriate behavior without refund. The Technician shall use all tools and equipment only as directed and shall wear appropriate protective gear at all times. The Technician is responsible for ensuring that they are physically and mentally fit to participate in hands-on training sessions.
The Technician acknowledges and agrees that all current tuition, fees, and payment terms for participation in the training program are disclosed separately on the Company’s website, enrollment materials, or order confirmation. Such pricing and payment terms are incorporated into this Agreement by reference as though fully stated herein. The Technician understands that promotional offers or discounts may vary over time and that the Company makes no representation or guarantee that any particular price or discount will remain available in the future. In the event of any inconsistency between the tuition or payment terms displayed on the Company’s website and those of any third-party processor, the terms displayed on the Company’s official website shall control.
The training program is intended solely for educational purposes. Completion of training does not guarantee employment, licensing, or certification, and the Company makes no representation regarding the Technician’s ability to secure work or perform repairs professionally. The Technician acknowledges that no employment, partnership, joint venture, or agency relationship is created by this Agreement or by participation in the training program.
The Technician understands that training activities may involve the use of tools, electrical components, machinery, and mechanical devices, all of which present inherent risks, including but not limited to electric shock, burns, lacerations, fire, and property damage. By participating in training, the Technician voluntarily assumes all risks, whether known or unknown, associated with participation, observation, or performance of repair activities taught during the program.
To the fullest extent permitted by law, the Technician hereby releases, waives, and discharges the Company, its members, officers, employees, contractors, affiliates, and successors (collectively, the “Released Parties”) from any and all liability, claims, demands, or causes of action arising from or related to:
This release applies to all claims, including those based on negligence, breach of warranty, or any other theory of liability. The Technician acknowledges that they understand the nature of the activities and freely assume all risks associated therewith.
The Technician agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, liabilities, damages, or expenses (including attorney’s fees) arising out of or related to:
All training materials, manuals, videos, recordings, and related content are the exclusive property of the Company and are protected by copyright and other intellectual property laws. The Technician shall not record, reproduce, distribute, sell, or publicly display any portion of the training materials without the Company’s prior written consent. The Technician agrees to maintain the confidentiality of any proprietary information disclosed during training.
The Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, or effectiveness of the training content. The Company disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
The Company does not warrant that the Technician’s performance of any repair or maintenance learned in training will be successful or free of risk.
IN NO EVENT SHALL THE COMPANY OR ANY RELEASED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, INCOME, OR PROFIT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PARTICIPATION IN TRAINING, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THE TECHNICIAN’S SOLE AND EXCLUSIVE REMEDY IS LIMITED TO THE AMOUNT OF TUITION PAID FOR THE TRAINING PROGRAM. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SHALL BE FOREVER BARRED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TECHNICIAN WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY, ITS OWNERS, OR AFFILIATES.
THE TECHNICIAN AGREES THAT THE COMPANY DOES NOT PROVIDE CONSUMER REPAIR SERVICES, HOUSEHOLD GOODS, OR ANY PRODUCT OR SERVICE ORDINARILY USED FOR PERSONAL OR FAMILY PURPOSES. THE TECHNICIAN FURTHER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THEY WAIVE ANY RIGHT TO ASSERT A CLAIM UNDER THE OHIO CONSUMER SALES PRACTICES ACT, R.C. §1345.01 ET SEQ., OR ANY SIMILAR STATE OR FEDERAL STATUTE.
Nothing in this Agreement shall be construed as a waiver of any defense, immunity, or limitation of liability available to the Company under Ohio law.
All tuition and fees are payable in advance through the Company’s website or designated enrollment platform. All payments are non-refundable except as otherwise required by law or expressly stated by the Company in writing. The Company reserves the right to reschedule, postpone, or cancel a training session at its discretion. In such event, the Company may issue refunds or credits as it deems appropriate.
The Technician acknowledges that personal information may be collected for registration, billing, or safety purposes. The Company will not sell or share such information except as necessary to provide services or as required by law.
This Agreement shall be governed by and construed under the laws of the State of Ohio, County of Cuyahoga, without regard to conflict of law principles.
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
This Agreement constitutes the entire understanding and agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous negotiations, representations, statements, advertisements, discussions, or agreements, whether written or oral. No party has relied upon any promise, statement, or representation not expressly set forth in this Agreement. Any modification, amendment, or waiver of this Agreement must be in writing and signed by an authorized representative of Fix it Appliance Academy LLC and, where applicable, the Technician. No course of prior dealing, usage of trade, or oral statement shall be used to vary or supplement the terms of this Agreement. If any portion of this Agreement conflicts with any marketing, promotional, or descriptive material, the terms of this Agreement shall control.
The Technician’s electronic indication of consent, including clicking “I Agree,” constitutes their signature and has the same legal effect as a handwritten signature.
By clicking “I Agree,” or by otherwise registering for or participating in training, the Technician acknowledges that they have read, understood, and voluntarily accepted the terms of this Agreement.
