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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

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TERMS & CONDITIONS

J. J. Keller® Safe & Smart™ Certified Trainer Program – Pickup & Delivery (U.S.) FedEx Ground Packaging System, Inc. (“FXG”) for Independent Service Providers

Please review the below Terms and Conditions (“Terms”) carefully before registering for this training event hosted by J. J. Keller & Associates, Inc. (“J. J. Keller”).

All references to “You” or “Your” or “Customer” shall mean the individual or entity that is completing this registration on behalf of themselves and/or its driver(s).

By attending a J. J. Keller training event, using any of our services, or by clicking a box that states that You accept or agree to these Terms, You signify your agreement to these Terms. If You do not agree to these Terms, You may not register for or attend this training event, or access/use any of our services.

This J. J. Keller® Safe & Smart™ Certified Trainer Program – P&D is only for FXG Independent Service Providers and includes a 5-Day training of a small group of driver trainers using online modules, and hands-on range and road training (the “Training Event”).

  1. 5-Day Training Agenda
    1. Online Component (1-Day)
      Prior to the on-site training, Your registered driver trainers (“Designated Trainers”) are assigned online courses designed to validate regulatory knowledge and comprehension of the unique challenges that drivers face. Each Designated Trainer will be quizzed to test comprehension throughout the online training. Designated Trainers must successfully pass each online training quiz to proceed to the On-Site Component. All online training courses must be completed in J. J. Keller’s online learning management system (“J. J. Keller® Training”). All use of J. J. Keller® Training is governed by and subject to the terms of use found: https://www.jjkeller.com/legal/terms-of-use#TOD.
    2. On-Site Component (4-Day)
      Over the course of four (4) consecutive on-site days, Designated Trainers will complete classroom, range, coaching, and a final certification testing. Designated Trainers should be prepared for most training to take place outside and dress accordingly.
      On-Site Agenda:
      Day 1: Introduction to J. J. Keller® Safe & Smart™ Certified Trainer Program – P&D (“CT Program”)
      • Introduction to the CT Program, including:
        • Introductions and learner paperwork
        • Safety ground rules
        • Professional coaching
        • Review of trainer guide and materials
        • Compliance data reporting
      • Expert instruction on:
        • Phase 1 – Inspection and Familiarization
        • Vehicle inspection
        • Identification and diagnosis of malfunctions
        • Driver Vehicle Inspection Reports (“DVIRs”)
      • Phase 2 – Basic Controls
        • Control systems
        • Communications
        • Railroads
        • Stop lines
        • Recap
      Day 2: Range Observation and Maneuvers
      Day 3: Advanced Road Coaching
      • Exercise: Designated Trainer Demonstrates Vehicle Inspection Procedures
      • Ability to articulate inspection criteria to learners
      • Expert instruction on:
        • Phase 3 – Backing Maneuvers
          • Straight-line backing
          • Sight-side and blind-side backing and docking
      • Road coaching
      • Exercise: Designated Trainer Demonstrates Proper Backing Maneuvers
      • Recap
      Day 4: Final Certification Testing
      • The J. J. Keller instructor will act as a “learner” to evaluate each Designated Trainer’s ability to teach (tell, show, do, and evaluate) future drivers. The Designated Trainer will be evaluated on his or her ability to train drivers on the following:
        • Vehicle inspections
        • Backing maneuvers
        • Road test procedures
      • Upon successful completion of the CT Program, each Designated Trainer will receive documentation certifying them as Certified Trainer(s) for J. J. Keller’s Safe & Smart Certified Trainer Program. Certifications are current for two (2) years.
  2. Your Responsibilities
    As part of Your registration, You understand and agree to the following:
    1. You are responsible for the applicable registration fee.
    2. You acknowledge that this Training Session is an advanced program and that each Designated Trainer possesses the knowledge, skill, and proficiency regarding operation of the vehicle(s) intended for the purposes of training prior to commencement of the On-Site Component.
    3. Upon J. J. Keller’s request, You agree to provide J. J. Keller with a copy of Your Certificate of Insurance (COI).
    4. You agree to manage data entry for compliance reporting to FXG as required under the FXG program.
    5. You agree to communicate with the assigned J. J. Keller instructor and team members, as needed.
    6. You agree to actively participate, assign, promote and adhere to the agreed upon deadlines (i.e., all online courses completed prior to the range experience, etc.).
    7. You agree that You are responsible for any cost related to the shipment of training materials.
    8. You acknowledge that each Designated Trainer who successfully completes the Training Event must be recertified every two (2) years to maintain the J. J. Keller® Safe & Smart™ Certified Trainer Program – P&D certification.
  3. Additional Considerations
    1. If J. J. Keller does not have enough Designated Trainers to meet the minimum Training Event size of three (3) Designated Trainers, it will advise Customer in advance of the training, and Customer may proceed with the 5-Day Training session with a class size of two (2) Designated Trainers for a one-time fee of $9,300.00 (instead of the individual CT Program Fee of $3,100 per Designated Trainer Fee).
    2. J. J. Keller reserves the right to cancel and/or reschedule the Training Event if: (i) the scheduled 5-Day Training does not have at least three (3) Designated Trainers; and (ii) Customer does not elect to pay the one-time $9,300.00 fee to proceed.
    3. If J. J. Keller cancels the Training Event, J. J. Keller will work with You to reschedule the Training Event.
    4. If J. J. Keller cancels the Training Event, Customer is not entitled to a refund.
    5. Customer must provide details on any specific personal protect equipment (PPE) requirement(s) to the J. J. Keller instructor prior to the On-Site Component.
    6. If all Designated Trainers in a CT Program are employed by You, You may, upon J. J. Keller’s authorization, provide one (1) of Your own vehicles for the training event. If you elect to provide Your own vehicle, You agree to name J. J. Keller as an Additional Insured under Your Commercial General Liability and Auto Liability policies with limits of at least $500,000 for each occurrence. A certificate of insurance shall be provided to J. J. Keller prior to the services being initiated, that shall be endorsed to name J. J. Keller as additional insured on Your Commercial General Liability and Auto Liability policies and shall provide for a waiver of subrogation to all rights, claims, demands and causes of action arising out of or in connection with J. J. Keller’s use of Your vehicles. It is agreed and understood that the insurance requirements specified herein shall not be construed as a limitation of any potential liability on behalf of You. All such insurance required by You in this section shall be primary and not contributory.
    7. If You provide Your own vehicle, Your vehicle must be made available and able to pass a pre-trip inspection by J. J. Keller’s instructor and/or team members.
    8. If You provide Your own Vehicle, You grant express permission, subject to all the terms and conditions stated herein, to the J. J. Keller instructor to operate Your designated vehicle when applicable.
    9. By registering for this event, You verify that each Designated Trainer registered is fully qualified to operate the vehicle on public roads and has the correct license to drive the assigned vehicle along with a valid medical card.
  4. Terms & Conditions
    1. Insurance. During the course of the Training Event, Customer shall maintain, at Customer’s expense, expense, all insurance required by law or which is necessary and prudent to adequately protect Customer and J. J. Keller from harm, injury (including death) or damage relating to or resulting from J. J. Keller’s provision of training services or materials to Customer. If J. J. Keller is utilizing a Customer vehicle(s) during the performance of the Training Event, Customer shall name J. J. Keller as an Additional Insured under Customer’s Commercial General Liability and Auto Liability policies with limits of at least $500,000 for each occurrence. A certificate of insurance shall be provided to J. J. Keller prior to the services being initiated, that shall be endorsed to name J. J. Keller as additional insured on Customer’s Commercial General Liability and Auto Liability policies and shall provide for a waiver of subrogation to all rights, claims, demands and causes of action arising out of or in connection with J. J. Keller’s use of Customer’s vehicles. It is agreed and understood that the insurance requirements specified here shall not be construed as a limitation of any potential liability on behalf of Customer. All such insurance required by the Customer in this section shall be primary and not contributory.
    2. Confidentiality of Client Materials. J. J. Keller agrees that Customer documents and other records furnished to J. J. Keller or Customer-specific policies and reports containing Customer information that are prepared by J. J. Keller in performance of the Training Event are confidential materials; provided, however, that confidential materials do not include information which: (i) was in J. J. Keller’s possession at the time of disclosure by Customer, and was not acquired, directly or indirectly, from Customer; (ii) J. J. Keller receives from a third party, if J. J. Keller does not know of any restrictions on the disclosure of that information; (iii) is or becomes known by the public through no wrongful act of J. J. Keller; or (iv) is independently developed by or for J. J. Keller. J. J. Keller will use the same degree of care to prevent disclosure of the confidential materials to any other person as it uses to protect its own information of like kind, but in no event less than reasonable care. J. J. Keller may disclose the confidential materials if such disclosure is required by law or directed by judicial or administrative order.J. J. Keller may disclose the confidential materials to its employees and contractors with a legitimate need to know who agree in writing to confidentiality obligations consistent with this Agreement.
    3. Subcontractors. It is understood that J. J. Keller may, from time-to-time, utilize subcontractors to perform the Training Event provided for in these Terms. Such subcontracting shall not relieve J. J. Keller or Customer of their responsibilities stated herein.
    4. Program Materials. All materials presented, developed or distributed by J. J. Keller in the course of delivering the Training Event and services (collectively “Program Materials”), regardless of media (for example, PowerPoint® presentation, internet-based, print, video, etc.) remain the sole and exclusive copyrighted property of J. J. Keller and/or its licensors, unless otherwise marked. Further, all general presentation materials utilized by J. J. Keller, regardless of media, shall not be considered a Customer deliverable. Except as otherwise expressly permitted in this Section, the Program Materials may not be: (i) copied, reproduced, or posted to Customer’s intranet site or similar means; (ii) sold, published, disseminated, leased, or otherwise conveyed by Customer to or for the use of any third party; or (iii) edited, altered, modified, or derivative works created from; without J. J. Keller’s prior written consent, which it may withhold in its discretion. The Program Materials are intended for use by customer only. The information presented and distributed in the Program Materials is date-sensitive and subject to change without notice. J. J. Keller does not assume responsibility for informing Customer of any future changes or corrections to the Program Materials due to a change in any government regulations or a change in the interpretation of any government regulations by any governmental body, authority or agency.
    5. Payment. Payment for this Training Event are due and payable upon registering. All fees referenced herein apply to the continental United States and Canada only. Customer is responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer, provided that in no event will Customer pay or be responsible for any taxes imposed on, or with respect to, J. J. Keller’s income, revenues, gross receipts, personnel or real or personal property or other assets.
    6. On-Site Services Cancellation/Delay. Customer acknowledges that, by registering for this Training Event and accepting these Terms, J. J. Keller will dedicate resources to conduct the Training Event. Customer is responsible for payment of the Training Event plus any travel-related expenses for facility or vehicle rentals if Customer cancels or delays J. J. Keller’s performance of the determined On-Site services less than 14 days prior to the scheduled Training Event (“Late Cancellation”). If Customer’s Designated Trainers do not complete the 5-Day Training component as scheduled, for whatever reason, Customer is not entitled to a refund.
    7. Data Share Authorization. Customer is a service provider for FedEx Ground Packaging System, Inc. (“FXG”). Customer authorizes and directs J. J. Keller to send to FXG compliance data generated during the CT Program On-Site training, as well as any subsequent driver trainings conducted by the Certified Trainer after successful completion of the CT Program. Such information may include, but is not limited to, the following driver information: first and last name, email addresses, training level, training completion records, and any other safety-related information required by FXG. Customer may revoke this authorization at any time by providing written notice to J. J. Keller.
    8. Data Transfer Security. Both parties agree that during the services provided to the Customer from J. J. Keller, all confidential data will be securely transferred by either party. Each party understands that if any insecure transfer of data is sent to the other party, the transferor of that data will be fully liable to the receiver of the data and agrees to indemnify and hold harmless the other for any liability for such insecure transfer of data.
    9. Default. This Agreement shall continue until Client no longer has an active certified trainer in a J. J. Keller Training Event. In the event of a Default, J. J. Keller will send notice to the defaulting party identifying the Default and stating that Customer’s registration is terminated unless the Default is cured within 15 days or such longer period as specified in the notice. If the Default is not timely cured, Customer’s registration will terminate without further notice, which is expressly waived hereby. In the event of a Default, the Customer will be responsible for and pay to the non-defaulting party any and all legal and/or collection costs incurred by that party in collecting monies due it pursuant to these Terms.
    10. Non-Solicitation of Staff. During the term of the Training Event, and for a period of one (1) year thereafter, Customer will not directly or indirectly solicit, hire, or engage any employee of J. J. Keller who is or has been assigned to Your Training Event, unless J. J. Keller grants its consent in writing. Customer acknowledges that J. J. Keller’s personnel represent a significant investment in recruitment and training, the loss of which would be detrimental to J. J. Keller’s current and future business. Customer further recognizes that determining the damages in the event of a breach of this provision is very difficult and therefore agrees that if it breaches this provision, Customer will pay to J. J. Keller as liquidated damages for each such breach an amount equal to 50% of the annual cash compensation being paid to such employee as of the date of the termination of his or her employment with J. J. Keller. The terms of this Section do not apply to any hire by the Customer that resulted from a general public solicitation for employment.
    11. Indemnification from Loss. J. J. Keller services are intended to lend technical knowledge and support to the client. Any recommendations made by J. J. Keller staff are offered in strictly an advisory capacity and are not to be construed as legal advice. J. J. Keller agrees to use its best efforts to diligently perform the services set forth in these Terms, but shall in no way be liable for any loss, damages, fines, penalties, or forfeitures resulting from that service. J. J. Keller does not train, cover, or verify compliance with every regulation stipulated by the FMCSR, OSHA, Canadian, or other regulatory governing bodies, nor does it examine all records or physically inspect any of the Customer’s vehicles, nor can it identify every workplace hazard. J. J. Keller does not offer chemical-specific training or assistance with chemical engineering plans. J. J. Keller does not provide consultation on waste generation, disposal, or treatment problems, nor does it offer toxic, chemical, or hazardous substance analysis for exposure levels, chemical properties analysis, or laboratory services. With regard to these specific tasks or functions, and any others not contemplated under these Terms, Customer agrees to hold J. J. Keller harmless against any and all losses, claims, damages, and liabilities under any statute or at common law or otherwise.
    12. Disclaimer and Limitation of Liability. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED. In no event shall J. J. Keller be liable to Customer for loss of profits or other economic loss, including special, consequential, or other similar damages arising out of any claimed J. J. Keller breach of its obligations under these Terms. J. J. Keller acknowledges it has some responsibility for the safekeeping of client records retained in the course of this Training Event. It shall, however, in no way be responsible for damage to those records resulting from fire, flood, natural disaster or other acts of God. J. J. Keller shall not be liable for failing to fulfill its obligations due to causes beyond its reasonable control.IT IS AGREED THAT, EXCEPT FOR RECKLESSNESS, BAD FAITH, WILLFUL MALFEASANCE, OR VIOLATIONS OF APPLICABLE LAW, J. J. KELLER, ITS OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY ACTIONS PERFORMED OR OMITTED TO BE PERFORMED OR FOR ANY ERRORS IN PROVIDING SERVICES TO CLIENT. THIS MEANS THAT J. J. KELLER IS NOT LIABLE FOR ACTS, OMISSIONS, OR ERRORS THAT ARE FOUND TO BE NEGLIGENT, BUT THAT DO NOT CONSTITUTE RECKLESSNESS, BAD FAITH, WILLFUL MALFEASANCE, OR VIOLATIONS OF APPLICABLE LAW.J. J. Keller specifically disclaims responsibility for losses, damages, fines, penalties, or forfeitures resulting through the nonperformance of services due to Customer’s failure to timely fulfill its responsibilities as stated herein.
    13. Compliance with Laws. Each party represents and warrants that it has complied with, and will continue to comply with, all other applicable data privacy laws. As between Client and J. J. Keller, except as otherwise set forth in the sentence immediately below, with regard to all personal information, personal data and personally identifiable information as defined under any applicable data privacy law and all other information that relates to an identified or identifiable individual, which is obtained by J. J. Keller as a result of this Agreement (“Personal Information”), Client, and not J. J. Keller, is responsible for the provision of legally-compliant privacy notices to data subjects, compliance with data subject rights requests and compliance with all other obligations applicable to the data controller or collecting entity for such data. J. J. Keller agrees to reasonably cooperate with Client in the event that Client requires J. J. Keller’s assistance in honoring data subject rights requests (to the extent applicable data privacy law affords such rights), subject to J. J. Keller’s obligations at law and to third parties. Client represents and warrants that it has all necessary rights and permissions in order for Client to provide Personal Information to J. J. Keller for the purposes described in this Agreement.