Professional Training Agreement (England & Wales)

Overview

A professional training agreement is the contract between a training provider (an individual trainer, a training company, or an employer delivering internal training) and a client — either an organisation booking training for its staff or an individual learner — setting out what training will be delivered, how, when, and on what commercial terms. This template covers a generic corporate or professional training engagement under English contract law. It is not a statutory apprenticeship agreement. In England, formally recognised apprenticeships sit within a distinct regulatory framework overseen by the Institute for Apprenticeships & Technical Education (IfATE) and, where public funding is involved, the Education and Skills Funding Agency (ESFA): these carry their own mandatory contractual documents (such as an Apprenticeship Agreement and a Commitment Statement) that this template does not attempt to reproduce. Where training is linked to a funded or accredited scheme, the parties must use the scheme's own required documentation in addition to, or instead of, this template. When to use it: for bespoke or off-the-shelf corporate training — technical upskilling, compliance training, leadership development, software training — delivered by an external provider or an in-house trainer to a business client, on a commercial (non-apprenticeship) basis. Parties: the Provider (the trainer or training organisation) and the Client (the business or individual purchasing the training). Key clauses: a precise description of the training programme (objectives, syllabus outline, format — in person, online, blended — number of sessions and duration), the delivery schedule and location, the fee and payment terms (including whether fees are payable per delegate, per session, or as a fixed programme fee), a cancellation and rescheduling policy (a minimum notice period, typically expressed in business days, with a scaled charge the closer to the session date), ownership of training materials (the Provider typically retains copyright in materials created before or independently of the engagement and grants the Client only a licence to use them internally), confidentiality over any client business information shared during the training, and limitation of liability. Under English contract law, commercial parties are generally free to allocate risk as they see fit, subject to the reasonableness controls in the Unfair Contract Terms Act 1977 (particularly where the Client is dealing on the Provider's written standard terms) and, if the Client is a consumer rather than a business, the Consumer Rights Act 2015. A limitation of liability clause excluding liability for death or personal injury caused by negligence is void under section 2(1) of the 1977 Act and must never be included. Mistakes to avoid: leaving the training content description too vague to check whether it was actually delivered as promised; failing to state clearly who owns the training materials after the engagement ends — a common source of dispute when a Client wants to reuse slides or e-learning modules internally after the contract ends; omitting a cancellation policy, which leaves the Provider exposed to late cancellations with no compensation; and presenting this generic agreement as if it satisfies a funded apprenticeship scheme's own documentation requirements, which it does not.