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eACLS™ Education Center Agreement

To become an eACLS™ Education Center, please read this agreement. At the bottom, choose "Agree" and click "Proceed" to continue.

APPOINTMENT

Appointment as an eACLS™ Education Center is for a term of two (2) years from the date of this Agreement. This appointment is provided on a non-exclusive basis and may be renewed for additional two (2) year terms, provided the Education Center has complied with the terms of this Agreement during its appointment period, and renews its status by executing the agreement then in force for renewing eACLS™ Educational Centers.

COMPLIANCE

The Education Center agrees to provide training in accordance with the provisions for Administering the eACLS™ Program.

The Education Center conducts this training on its own behalf, and not as an agent of the American College of Emergency Physicians (ACEP), Jones and Bartlett Publishers (J&B), or any other organization(s) that may partner with ACEP or J&B for the purpose of delivering or endorsing the eACLS™ program.

The Education Center agrees to comply with all applicable governmental rules, regulations, laws or ordinances as they pertain to the delivery, administration, or benefits of the eACLS™.

Medical direction, standard operating procedures/protocols, or licensure for advanced cardiac life support providers is not provided by ACEP or J&B. In the event that local or organizational treatment guidelines, practice protocols, or scientific data ("local protocols") differ from treatment guidelines provided in the eACLS™ program, local protocols supercede eACLS™'s treatment guidelines.

ACEP or J&B representatives may monitor an Education Center's eACLS™ program and inspect its records at any time to ensure compliance.

COURSE MATERIALS

ACEP or J&B will make the eACLS™ Program and related materials ("eACLS™ Materials") available to the Education Center at applicable prices. The Education Center agrees to order all eACLS™ materials for its own use directly from J&B. The Educational Center further agrees that it will use the eACLS™ materials in connection with fulfilling its obligations under this Agreement.

COPYRIGHT OF MATERIALS

The Education Center acknowledges that all eACLS™ course materials are copyrighted by Jones and Bartlett Publishers. The Education Center obtains no rights to or interest in the eACLS™ course or materials by becoming an Education Center. Unauthorized reproduction, sale or use of these copyrighted materials in any form, except as specifically provided in this Agreement or through other written agreement with Jones and Bartlett Publishers, is strictly prohibited. Copyright violation can result in termination of this Agreement, as well as the pursuit of any other remedy provided by law.

TRADEMARK

The Education Center acknowledges that ACEP and J&B own their respective trade names, marks, and logos. The Education Center acknowledges the validity of these Marks, and agrees that it will not use the Marks or any name, mark, or logo confusingly similar without written permission from ACEP and/or J&B.

SUPERVISION

The Education Center agrees to appoint a currently licensed physician to provide medical oversight for the eACLS™ program. The physician must be capable of and is solely responsible for providing readily verified physician-directed standing orders supporting local protocol variance from eACLS™. The Education Center also agrees to appoint an eACLS™ Course Coordinator, who may be the same person as the physician, to administer eACLS™ for the Education Center.

RECORDS

The Education Center shall maintain records of course completion as are required by law or accrediting agencies or organizations, provided, however, that records of all those who take eACLS™ offered by the Education Center shall be maintained for at least four (4) years from the date the course is taken. The Education Center shall also maintain such records and provide such reports to J&B regarding eACLS™ as may be requested from time to time. These reports are required by regulatory authorities providing Continuing Education for eACLS™.

PROGRAM ADMINISTRATION

The Education Center acknowledges that it is directly responsible for the skill instructors it utilizes to teach and test eACLS™ skills. The Education Center also acknowledges that it will be responsible for the administration of eACLS™ Course Completion Cards to be issued to participants who successfully complete skills as verified by the Education Center's eACLS™ Instructors. eACLS™ Course Completion Cards can only be granted by eACLS™ Education Centers.

Education Centers may utilize Instructors from other national training organizations such as AHA or ASHI to assist in providing eACLS™. These instructors can be “Grandfathered” as eACLS™ instructors at no cost.

EXCLUSIVITY

There are no provisions for exclusivity in this Agreement, and Education Centers can also be members of any other organizations (e.g, AHA, ASHI) for the purpose of offering courses other than eACLS™ desired by a particular client of the Educational Center.

ASSIGNMENT

The Education Center's rights and obligations under this Agreement are not assignable without the prior written consent of ACEP and J&B.

INDEMNIFICATION

Unless the Education Center has a letter on file claiming waiver (e.g. Sovereign Immunity), the center agrees to indemnify, defend, and hold ACEP and J&B harmless from and against all claims, losses, causes of action, liability, damages, and expenses asserted by third parties relating to or arising from any acts or omissions of the Education Center or its employees, representatives, or agents.

The Education Center agrees to maintain general liability insurance that provides adequate coverage for any claim that might be subject to the above indemnification provision.

TERMINATION AND EXPIRATION

This Agreement may be terminated for the following reasons:

  1. The Education Center fails to comply with or is in default under any provision of this Agreement.
  2. The Education Center or a principal thereof is convicted of a criminal offense in a court of competent jurisdiction.
  3. The Education Center is delinquent in payments owed to any person in respect to the eACLS™ program.

Termination under this section will become effective fourteen (14) days after receipt by the Education Center of a written notice of termination unless, prior to the Termination Date, the Education Center remedies the grounds for termination specified in the notice.

Either party may terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to the other party. Upon the termination or expiration of the initial Agreement or any renewal term, the Education Center shall:

  1. Cease conducting all eACLS™ training within fourteen (14) days
  2. No longer represent to the public that it is authorized to provide eACLS™ courses
  3. Cease to use, in any other manner whatsoever, the marks, symbols, and other identifying characteristics of eACLS™

The Education Center shall promptly pay any sums owed to any person in respect to the eACLS™ Program, including, in the event of termination for any breach by the Education Center, all actual and consequential damages and costs and expenses (including legal and accounting fees and expenses) incurred by ACEP or J&B on account of such breach.

ACCEPTANCE

Having read and understood the information above, the Education Center wishes to form a contract to offer eACLS™ through electronic acknowledgement of this Agreement. This exchange of e-mails shall constitute an electronic record of the Agreement and shall be binding once the Education Center receives an authorized return electronic copy of the Agreement.

Here is what one eACLS™ user had to say:

"With all the mandated requirements for fire departments, there is not enough time or space to provide training in the traditional classroom manner. As the nurse consultant to the Sacramento Fire Department, I have found eACLS to be the perfect solution to provide up-to-date needed information to our 300+ paramedics. The paramedics also like this method of learning because they can take the course at their own pace, review the materials at the station instead of a classroom setting, and complete the course over a period of time. The tracking log for record keeping is also very handy."

Margaret Ong, RN, MS
Sacramento Fire Department
Sacramento, CA

 

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