MEWP Training Disclaimer & Terms

THIS DOCUMENT APPLIES TO ALL MOBILE ELEVATING WORK PLATFORM ("MEWP") TRAINING AND CERTIFICATION COURSE CONTENT DELIVERED BY ACCESS MACHINERY LLC, WHETHER PRESENTED IN SLIDE FORM, VIDEO, IN-PERSON INSTRUCTION, OR THROUGH OUR TRAINING WEBSITE (COLLECTIVELY, THE "TRAINING"). BY ACCESSING, VIEWING, ENROLLING IN, OR COMPLETING THE TRAINING, THE USER AGREES TO BE BOUND BY THE TERMS BELOW IN FULL.

Part I — Disclaimer, Assumption of Risk & Indemnification

1. Educational Purpose Only

The MEWP training and certification materials provided by Access Machinery LLC and its affiliates, subsidiaries, parent companies, and related entities (collectively, "Access Machinery," "we," "us," or "our") are intended for general educational and awareness purposes only. This Training:

• Does not constitute machine-specific or model-specific operator certification;
• Does not replace employer-provided, site-specific, or supervisor-led training;
• Does not replace, supersede, or modify any equipment manufacturer's Operator's Manual, safety decals, or written instructions;
• Does not guarantee compliance with OSHA, ANSI/ALI A92.20 and A92.24, CSA B354, or any other applicable federal, state, local, or international regulation; and
• Is not a substitute for an evaluation of operator competency by a qualified, designated person as required by applicable law and employer policy.

2. Operator's Sole Responsibility

The operator and/or user of any MEWP equipment bears sole and complete responsibility for the safe operation of that equipment. This responsibility includes, without limitation:

• Reading, understanding, and strictly following the manufacturer's current Operator's Manual for the specific make, model, and configuration of equipment being used, which always governs over any general guidance provided in this course;
• Performing a thorough pre-operation/pre-shift inspection of the machine, including all safety devices, controls, structural components, and ground conditions, before entering, mounting, or operating the equipment;
• Confirming proper function of all safety interlocks, guardrails, harnesses, lanyards, and personal fall protection equipment as required;
• Assessing the work environment, including ground stability, slope, wind speed, overhead obstructions, power lines, and proximity hazards, prior to and throughout operation;
• Halting operation immediately upon identification of any defect, malfunction, or hazardous condition; and
• Complying with all applicable laws, regulations, employer policies, and site-specific safety requirements.

Access Machinery does not control, supervise, or have any responsibility for the manner in which any operator uses MEWP equipment following this Training.

3. Inherent Risks

Operation of MEWP equipment involves inherent and significant risks, including but not limited to tip-over, falls from height, entrapment, crush injuries, electrocution, structural collapse, and death. These risks cannot be eliminated through training alone. By participating in this course, the user acknowledges and voluntarily assumes all such risks.

4. No Warranty

This Training is provided "AS IS" without warranty of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, or completeness. Access Machinery does not warrant that the Training content is free of error or that completion of the course will prevent injury, death, or property damage.

5. Limitation of Liability

To the maximum extent permitted by applicable law, Access Machinery, its affiliates, officers, directors, employees, instructors, contractors, partners, and the manufacturers of any equipment referenced or used in connection with this Training (collectively, the "Released Parties") shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including personal injury, death, or property damage, arising out of or related to:

• This Training or certification course;
• The operation, maintenance, or inspection of any MEWP equipment, whether or not addressed in this Training;
• Any reliance on the content of this course in place of the manufacturer's Operator's Manual or applicable regulatory requirements; or
• Any act or omission of the user, employer, or any third party.

6. Indemnification

By enrolling in, accessing, or completing this Training, the user (and, where applicable, the user's employer) agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, suits, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the user's operation, use, inspection, or maintenance of any MEWP equipment, whether or not connected to this Training, except to the extent caused by the gross negligence or willful misconduct of Access Machinery.

7. Manufacturer's Manual Controls

Nothing in this Training is intended to modify, supersede, or take precedence over the equipment manufacturer's Operator's Manual, safety decals, or written instructions. In the event of any conflict between this Training and the manufacturer's Operator's Manual, the manufacturer's Operator's Manual always controls.

Part II — Standard Terms & Conditions

8. Severability

If any provision of this Disclaimer or these Terms and Conditions is found unenforceable, the remaining provisions shall remain in full force and effect.

9. Accuracy of Information; Errors and Omissions

Access Machinery makes no representation or warranty, express or implied, that the information, content, graphics, photographs, diagrams, or materials contained in this course or on this website are accurate, complete, reliable, current, or error-free. Content may include technical inaccuracies, typographical errors, or photographic/illustrative errors. Access Machinery reserves the right to correct, update, change, or remove any content at any time without notice and without obligation to notify prior users or enrollees.

Use of this Training and its content is at the user's own risk, and the user is responsible for independently verifying any information against the applicable manufacturer's Operator's Manual and current regulatory requirements before relying on it in the field.

10. Governing Law and Venue

This Disclaimer and these Terms and Conditions, and any dispute, claim, or controversy arising out of or relating to this Training, the website, or the user's enrollment, shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-laws principles. The user agrees that exclusive jurisdiction and venue for any such dispute shall lie in the state or federal courts located in Maricopa County, Arizona, and the user consents to personal jurisdiction in those courts and waives any objection to venue or forum non conveniens.

11. Refund Policy

All course fees and certification fees are non-refundable, except where the user provides documented proof, issued by an applicable regulating body or accrediting authority, that an error or omission directly attributable to Access Machinery caused the course or certification to fail to meet a legally required standard. Any refund request must be submitted in writing, accompanied by supporting documentation, within thirty (30) days of course completion. Access Machinery retains sole discretion to evaluate and approve or deny any refund request not meeting this standard, and dissatisfaction with course content, delivery, scheduling, or subjective experience does not constitute grounds for refund.

12. Copyright and Intellectual Property

All course materials, text, graphics, video, audio, slide decks, assessments, certificates, logos, and other content appearing on this website or within this Training program are the exclusive property of Access Machinery LLC and are protected under U.S. and international copyright, trademark, and intellectual property laws.

No portion of this content may be copied, reproduced, distributed, transmitted, displayed, performed, modified, or otherwise used for any purpose without the prior express written consent of Access Machinery LLC. Unauthorized use, reproduction, or distribution may result in civil and/or criminal liability, and Access Machinery reserves the right to pursue all available legal remedies, including injunctive relief and recovery of damages and attorneys' fees.

13. Entire Agreement

This Disclaimer and these Terms and Conditions constitute the entire agreement between the user and Access Machinery LLC regarding the subject matter herein and supersede any prior or contemporaneous understandings, whether written or oral. Continued use of this website or Training program following any update to these terms constitutes acceptance of the revised terms.

Effective Date: June 1, 2026