Workplace Behavioral Safety Principles

WORKPLACE BEHAVIORAL SAFETY PRINCIPLES AND SERVICES AGREEMENT

This Agreement is entered into between Company Name: and Service Provider Name: (each a "Party" and together the "Parties").

RECITALS

WHEREAS, the Company seeks to establish, document, and implement behavioral safety principles designed to reduce workplace incidents, promote safe work practices, and improve hazard recognition and mitigation through observation, coaching, and positive reinforcement; and

WHEREAS, the Service Provider has experience in designing and delivering behavioral safety programs, including development of observation processes, training, measurement methodologies, and reporting systems that align employee behavior with company safety objectives; and

WHEREAS, the Parties desire to set forth the scope, deliverables, payment terms, confidentiality obligations, and other terms under which the Service Provider will provide services to implement the Workplace Behavioral Safety Principles.

AGREEMENT

1. SCOPE OF WORK

The Service Provider shall perform the services described below in accordance with the terms of this Agreement. The scope includes design, training, observation methodology, coaching protocols, data collection, and reporting.

Deliverables shall include but are not limited to: safety observation forms, observer training materials, coaching scripts, monthly performance dashboards, and a final implementation report that summarizes findings, trends, and recommendations.

2. PRINCIPLES, PROGRAM ELEMENTS, AND RESPONSIBILITIES

The Program shall be guided by the following core principles. The Parties agree to implement and maintain these elements as standard practice.

Employee and supervisor responsibilities include participating in training, conducting observations in accordance with the approved observation protocol, accurately recording observations, cooperating with coaching activities, and implementing corrective actions for verifiable unsafe acts that present immediate risk.

3. OBSERVATION, REPORTING, AND MEASUREMENT

Observations will be conducted at the following frequency: . Observers shall record behaviors using the standardized form provided as part of the deliverables.

The Service Provider shall aggregate and analyze observed behaviors and produce reports at the schedule below: . Reports will include trend analysis, leading indicators, and recommended corrective actions.

4. NON-PUNITIVE REPORTING; EXCEPTIONS

The Parties endorse a non-punitive reporting environment to encourage reporting of hazards and near-misses. Notwithstanding the non-punitive approach, conduct that constitutes willful misconduct, gross negligence, or intentional violation of law or safety protocols may give rise to corrective or disciplinary action in accordance with company policy.

5. PAYMENT TERMS

Invoices are due as specified in the Payment Schedule. Late payments shall accrue the Late Payment Fee from the invoice due date until payment in full. The Service Provider may suspend services if payment is more than days overdue, provided the Service Provider gives prior written notice and a reasonable cure period.

6. TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated as provided herein.

Either Party may terminate this Agreement for convenience upon written notice delivered at least days prior to the intended termination date. Termination for cause may be effected immediately upon written notice where the other Party materially breaches a material provision and fails to cure within a reasonable period, not to exceed 30 days, after receipt of written notice.

7. CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by one Party to the other that is identified as confidential at disclosure or that, by its nature, should reasonably be considered confidential, including but not limited to safety incident data, employee health information, proprietary observation forms, and analyses. Each Party shall (a) maintain Confidential Information in confidence using at least the same degree of care it uses to protect its own confidential information but no less than reasonable care, (b) use Confidential Information solely for performance under this Agreement, and (c) not disclose Confidential Information to any third party except as necessary for performance and subject to equivalent confidentiality obligations.

Confidential Information does not include information that is or becomes publicly available through no fault of the recipient, already rightfully known to the recipient at the time of disclosure, independently developed by the recipient without use of the disclosing Party's Confidential Information, or is required to be disclosed by law provided the disclosing Party is given prompt notice and, where lawful, an opportunity to seek protective relief.

8. INDEMNIFICATION AND LIMITATION OF LIABILITY

Each Party shall indemnify, defend and hold harmless the other Party from claims arising from the indemnifying Party’s gross negligence or willful misconduct in performing its obligations under this Agreement. EXCEPT FOR LIABILITY ARISING FROM WILLFUL MISCONDUCT OR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, AND AGGREGATE LIABILITY SHALL BE LIMITED TO THE FEES PAID OR PAYABLE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Governing State without regard to conflicts of law principles. Venue for any dispute shall lie in a court of competent jurisdiction within the Governing State.

10. ENTIRE AGREEMENT; AMENDMENT

This Agreement, including all schedules and exhibits attached hereto, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, proposals, and communications, whether oral or written. No amendment or modification shall be effective unless in writing and signed by authorized representatives of both Parties.

11. CERTIFICATION

By signing below, each Party certifies that the individual signing on its behalf is authorized to bind the Party, that the Party has read and understands the Workplace Behavioral Safety Principles set forth in this Agreement, and that the Party agrees to implement and support the program elements described herein in good faith.

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