Professional training agreement: template and legal obligations

Agreement vs. contract: what is the difference?

In the world of professional training, two contractual documents govern the relationship between the training organization and its client: the convention de formation (training agreement) and the contrat de formation (training contract). Confusion between the two is common, but the distinction is legally important.

The training agreement (convention de formation — B2B)

The training agreement is the contractual document used when training is purchased by a legal entity (company, association, government body, OPCO) on behalf of its employees or beneficiaries.

Legal basis: articles L6353-1 and L6353-2 of the Code du Travail.

Parties:

• The training organization (provider)
• The company or funding body (client)
• The trainee is not a party to the contract — they are the beneficiary

The individual training contract (contrat de formation — B2C)

The training contract is used when training is purchased by a natural person individually, outside of any company funding arrangement.

Legal basis: articles L6353-3 to L6353-7 of the Code du Travail.

Parties:

• The training organization (provider)
• The individual (trainee and client)

Comparison table

Important note: CPF-funded training (Compte Personnel de Formation) is an intermediate case. The CPF is an individual employee right, but funding is managed by the Caisse des Depots. The agreement is tripartite: organization, learner, and Caisse des Depots (via MonCompteFormation).

Mandatory clauses in a training agreement

The Code du Travail requires a number of clauses in every professional training agreement. The absence of these clauses can render the document void and lead to funder refusal of coverage.

Clause 1 — Identification of the parties

Mandatory content:

• The training organization: legal name, address, SIRET, NDA (Numero de Declaration d'Activite)
• The client: legal name, address, SIRET, name of the legal representative or signatory
• The trainee(s): first names, last names, job titles

Common mistake: omitting the NDA. This is the identifier that proves you are registered as a training organization. Without the NDA, the agreement has no value to funders.

Clause 2 — Training title and nature

• Exact training title
• Nature of the action: training, skills assessment, VAE, apprenticeship
• Training domain (NSF code if applicable)

Clause 3 — Training objectives

Learning objectives must be formulated precisely and measurably (see our guide on creating compliant programs).

Example:

• "At the end of this training, the trainee will be able to: 1) Create a pivot table in Excel; 2) Use VLOOKUP and INDEX/MATCH functions; 3) Automate repetitive tasks with simple VBA macros."

Clause 4 — Detailed program

The complete training program must be appended to or included in the agreement. It comprises:

• Module-by-module content
• Hourly sequencing
• Pedagogical methods
• Technical and pedagogical resources

Clause 5 — Duration and dates

• Total duration in hours (not days)
• Start and end dates of the training
• Schedule (for face-to-face and synchronous remote)
• Access period (for asynchronous e-learning)

Clause 6 — Training location

• Face-to-face: full address of the training venue
• Synchronous remote: mention "remote training via video conference" + tool used (Zoom, Teams, etc.)
• E-learning: mention "asynchronous remote training on the [name] platform"
• Blended: detail the face-to-face and remote components

Clause 7 — Number of trainees

Number of trainees covered by the agreement. If covering a group, specify the minimum and maximum number.

Clause 8 — Prerequisites

Participation conditions: required level, experience, equipment, software, etc.

Clause 9 — Assessment methods

• Assessment type (placement, formative, summative)
• Format (quiz, simulation, project, exam)
• Pass criteria if applicable

Clause 10 — Training outcome

• Training completion certificate (mandatory in all cases)
• Pass certificate (if assessment with pass criteria)
• Diploma or title (if certifying training registered with the RNCP or RS)

Clause 11 — Price and financial terms

Mandatory elements:

• Total price excl. and incl. tax (or excl. tax with VAT exemption note if applicable)
• Price per trainee if group
• What is included: training, materials, platform access, certification
• What is not included: accommodation, meals, travel
• Payment terms: schedule, conditions (30 days end of month, etc.)
• Late payment penalties: applicable rate (ECB rate + 10 points or contractual rate)

Tax note: if you benefit from VAT exemption (article 261.4.4 of the CGI), state it clearly: "VAT not applicable — article 261.4.4 of the CGI. Exemption certificate no. [reference]."

Clause 12 — Cancellation and rescheduling conditions

Elements to include:

• Free cancellation period (typically 10 to 15 business days before the date)
• Late cancellation fees (percentage of price)
• Rescheduling conditions (same terms or different)
• Force majeure (definition and consequences)

Clause 13 — Subcontracting provisions

If you use subcontracted trainers, the agreement must mention this. The Code du Travail requires:

• Informing the client about the use of subcontracting
• The training organization remains responsible for service quality
• The subcontractor must meet the same qualification requirements

Clause 14 — Signature and date

The agreement must be signed by both parties before the training begins. An agreement signed after the training starts may be challenged by a funder.

General Terms and Conditions (CGV)

The CGV complement the agreement by detailing the general conditions applicable to all your training courses. They must be communicated to the client before the agreement is signed.

Recommended CGV content

• Purpose: general framework for the training service
• Registration: process, confirmation, waiting list
• Pricing: pricing policy, price revisions
• Invoicing and payment: deadlines, payment methods, penalties
• Cancellation and rescheduling: detailed conditions, fees
• Intellectual property: rights over training materials
• Liability: liability limits, insurance
• Confidentiality: protection of exchanged information
• Data protection: GDPR compliance
• Applicable law and jurisdiction: French law, competent court
• Mediation: dispute resolution (mandatory for B2C contracts)

Training agreements and OPCO funding

When a training course is funded by an OPCO, the agreement takes on particular importance. The OPCO reviews the agreement before granting funding, and they are demanding about content.

What the OPCO checks

• The presence of all mandatory clauses
• Consistency between the agreement and the detailed program
• The match between announced duration and price
• Compliance with the sector's funding rate schedule
• The organization's Qualiopi certification (NDA + valid certificate)

Documents to submit to the OPCO

OPCO invoicing process

1. Before training: the company or training organization sends the funding request with agreement, program, and quote
2. OPCO validation: the OPCO approves (or rejects) the funding and issues a funding agreement
3. Training delivery: the training takes place as per the agreement
4. After training: submission of supporting documents (attendance, certificate, invoice)
5. Payment: the OPCO pays the training organization (typically 30 to 60 days)

Agreements and electronic signatures

The electronic signature of a training agreement is legally valid. The eIDAS regulation recognizes three signature levels, all admissible:

• Simple signature: click on an "I accept" button with email identification. Low evidentiary value but accepted for standard training agreements.
• Advanced signature: enhanced identification (SMS code, ID document). Recommended for high-value agreements.
• Qualified signature: equivalent to a handwritten signature. Rarely necessary for training agreements.

In practice: most OPCOs and companies accept advanced signatures (Yousign, DocuSign) for training agreements. Simple signatures are accepted for modest amounts.

Training agreement template

Here is the complete structure of a compliant professional training agreement:

---

PROFESSIONAL TRAINING AGREEMENT (Articles L6353-1 and L6353-2 of the Code du Travail)

Between:

The training organization: [Legal name], [Legal form], with share capital of [amount] EUR, registered with the RCS of [city] under no. [SIRET], with registered office at [address], represented by [Last name, First name], in the capacity of [role]. Activity registration number: [NDA] registered with the DREETS [region]. Hereinafter referred to as "the Organization"

And:

[Legal name], [Legal form], registered under SIRET no. [number], with registered office at [address], represented by [Last name, First name], in the capacity of [role]. Hereinafter referred to as "the Client"

The following has been agreed:

Article 1 — Purpose The Organization undertakes to deliver the following training to the Client: [Training title].

Article 2 — Objectives [List of learning objectives]

Article 3 — Program The detailed training program is appended to this agreement.

Article 4 — Beneficiaries [Number] trainees: [names if known, or "the list of trainees will be communicated at least X days before the training start date"]

Article 5 — Duration, dates, and location [Duration, dates, schedule, location or remote delivery details]

Article 6 — Prerequisites [Prerequisites or "No prerequisites"]

Article 7 — Pedagogical and technical resources [Methods, materials, equipment]

Article 8 — Assessment [Assessment methods and training outcome]

Article 9 — Price and financial terms [Price excl./incl. tax, inclusions/exclusions, payment conditions]

Article 10 — Cancellation [Cancellation and rescheduling conditions]

Article 11 — Intellectual property Training materials provided to trainees are the property of the Organization and may not be reproduced or distributed without authorization.

Article 12 — Confidentiality The parties undertake to treat as confidential all information exchanged under this agreement.

Article 13 — Data protection [GDPR notice]

Article 14 — Applicable law This agreement is governed by French law. In case of dispute, the parties undertake to seek an amicable solution before referring to the competent courts.

Executed in two copies, at [city], on [date].

For the Organization: [Signature] For the Client: [Signature]

Appendix: Detailed training program

---

Automating agreement generation

Manually drafting agreements is a repetitive and error-prone task. The information is always the same (your organization, your NDA, your general terms) — only the client, trainees, dates, and training course change.

Automation solutions

• LMS with document generation: OpenFormations automatically generates training agreements from the training and client data. The document is pre-filled with all mandatory clauses and your permanent information. All that remains is to review and send for signature.
• Document generation tools: PandaDoc, Proposify — quote and contract creation solutions with customizable templates
• Word/Google Docs templates: basic but functional for small volumes

The advantage of automation

For an organization producing 50 agreements per year, automation represents a saving of 15 to 30 hours of annual administrative work.

Special cases

Tripartite agreement (with OPCO)

When an OPCO funds the training, the agreement may be tripartite: organization, company, and OPCO. Some OPCOs impose their own agreement template. Always check with the relevant OPCO.

Framework agreement (annual deal)

If you regularly train employees of the same company, a framework agreement can simplify management. It sets the general conditions for the year, and each training course is covered by a specific purchase order or addendum.

In-company vs. inter-company training

• In-company (intra): one agreement per company, for a group of its employees. The program can be customized.
• Inter-company (inter): one agreement per participant (or per company if multiple employees from the same company). The program is standard.

Questions? Contact us at ${CONTACT_EMAIL}.