The Partners Agreement encompasses the partnership between HFES and the Partner for a calendar year (e.g., January 1, 2023 – December 31, 2023). Proration is possible. Partnerships commenced in October, November, or December receive benefits from point of entry through December 31. The Agreement does not automatically renew.
Partnership Agreement:
Partner Designation and Exclusivity - Partner will be listed in all applicable HFES materials at the appropriate Partnership level corresponding with the following amounts (all figures in US dollars):
- Platinum: $25,000
- Gold: $20,000
- Silver: $10,000
- Bronze: $7,500
No Refund or Credit:
There shall be no refund or credit issued for any portion of benefits not utilized during term dates of the partnership.
Primary Contact:
Participation obligates partnering organization to name a single point of contact to HFES for the appropriate management of the benefits of participation, payment remittance, and other matters.
Payment Terms:
Partners must remit full payment of Partnership Program fee with application or within 30 days of receipt of invoice. The invoice will follow shortly after receipt of signed agreement. Individual membership records and meeting registrations cannot be activated until payment is received.
Limited Liability:
The liability of HFES for any act, error or omission for which it may be held legally responsible shall not exceed the cost of any cash payment. HFES will not, in any event, be liable for consequential damages, including, but not limited to, lost income or profits. HFES shall not be subject to any liability whatsoever for any failure to hold events because of an act of God, outbreak of hostilities, insurrection, riot, civil disturbance, terrorism, government act or regulation, fire, flood, explosion, accident, theft, or any other cause beyond the reasonable control of HFES. Unintentional or inadvertent failures to supply benefits shall not be considered a breach of the Agreement. Any such failures will be rectified with the provision of applicable benefits and possibly with the extension of time to use benefits subject to the decision of HFES.
No Cancellation After Acceptance:
Partners may not cancel this Partnership after acceptance by HFES except for breach of this Agreement by HFES.
Qualification for Partnership Program:
The HFES Executive Council reserves the right to reject any Partners that do not explicitly represent and support the HFES mission.
General Terms:
- Terms and Conditions: - The terms and conditions set forth in this Agreement govern the relationship between HFES and the Partner. Unless expressly agreed to in writing by HFES, no other terms or conditions appearing in contracts, orders, insertion instructions, or otherwise that conflict with the provisions of this Agreement shall be binding on HFES.
- Waiver: The waiver of any provision of this Agreement shall not be construed to be a waiver of either party’s right to later require strict observation and performance of each of the provisions hereof.
- No Organizational Membership: Participation does not convey membership in the Society for the participating organization. HFES may offer a number of complimentary or reduced fee individual memberships as part of the portfolio of benefits.
- HFES Intellectual Property: Participating organizations will not have access to any information not provided to members of the Society (i.e., no access to any information that could provide a competitive advantage, or any information, data, reports, etc. outside of publicly available information distributed by HFES.)
Right to Modify Terms:
HFES may modify the terms of the program and associated benefits at its discretion. If this occurs, each participating organization will be contacted to review the changes and assess whether any decrease in total overall value has occurred, in which case a fair negotiation will ensue between the parties. This may result in an agreement for additional benefits to be applied for the applicable year. Refunds, including partial refunds, will not be granted.
Severability:
If any section or provision of this Agreement is deemed illegal by a competent court of law, all other provisions of the Agreement shall remain in force.
Entire Agreement:
The Agreement constitutes the entire agreement between Partner and HFES. No modification or amendment to the Agreement shall be effective unless made in writing and signed or acknowledged by the party to be bound.