AGREEMENT WITH PCRM AND FOOD FOR LIFE EDUCATIONAL ALLIANCE PROGRAM PARTNER

Transcription

1 AGREEMENT WITH PCRM AND FOOD FOR LIFE EDUCATIONAL ALLIANCE PROGRAM PARTNER This agreement ( Agreement ) is made and entered into as of January 1, 2014, by and between Physicians Committee for Responsible Medicine, a Delaware not-forprofit corporation having an office and principal place of business at 5100 Wisconsin Ave., N.W., Suite 400, Washington, DC ( PCRM ), and whose principal place of business address is hereinafter called Educational Alliance Program partner. In consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: License. PCRM grants the Educational Alliance Program partner a nontransferable, nonexclusive license to present the Food for Life ( FFL ) program curricula using FFL program materials purchased from PCRM and/or its affiliates. This license does not give the Educational Alliance Program partner the right to sublicense the FFL program curricula or give the FFL program manuals or lesson plans to any other person or company outside of or unrelated to the Educational Alliance Program partner s institution without the written consent of PCRM. The Educational Alliance Program partner is licensed to teach the FFL program strictly at its facilities and agrees to not present the program outside of its place(s) of business. Copyrights, Trademarks, and Proprietary Information. The Educational Alliance Program partner agrees not to modify, translate, transcribe, copy, or transfer to any third party in any form or by any means the FFL program curricula or any educational materials or intellectual property obtained during membership in the program or the training relating hereto, including without limitation, DVDs, curricula lesson plans, and PowerPoint slides. These products and materials are the property of PCRM. Such programs and materials, whether or not protected by copyright, are not to be copied or reproduced without prior written approval of PCRM. The Educational Alliance Program partner shall not make or allow anyone under the Educational Alliance Program partner s control to make any derivative works without prior written approval from PCRM. The Educational Alliance Program partner is responsible for visiting the FFL Listserv files folder to obtain the latest versions of the class curricula 1

2 manuals prior to teaching the FFL classes to ensure that it is referencing the latest editions. Should the Educational Alliance Program partner make any derivative works from the FFL curricula, the Educational Alliance Program partner agrees to share such materials with PCRM. The Educational Alliance Program partner gives permission for any educational materials (e.g., curriculum, lesson plans, quizzes, and/or other handouts) derived from the FFL classes submitted to PCRM to be posted on the resources pages of PCRM website(s) and/or to be used in PCRM marketing. Any material which cannot be shared outside of PCRM should be designated as such before submitting it to PCRM. Due to PCRM s agreement with the Food for Life Baking Company, the Educational Alliance Program partner may not use the words Food for Life in the URL of the website or address associated with the operation of the FFL program. Status. The Educational Alliance Program partner operates as an independent entity that may choose to charge fees to class participants in order to financially maintain its business or charity. The Educational Alliance Program partner is not a consultant or employee of PCRM and thus PCRM will not withhold income taxes or other governmental levies from the Educational Alliance Program partner s remuneration. The Educational Alliance Program partner is solely responsible for any and all applicable taxes related to its compensation and holds PCRM harmless from any and all liability for any such taxes. Program Expectations. Due to the complex and critical nature of the information being presented in the FFL program, the Educational Alliance Program partner agrees to thoroughly read all class curricula, textbooks, and materials and watch related DVDs in preparation for and prior to teaching any program modules. The Educational Alliance Program partner must maintain an active membership on PCRM s Listserv in order to access the latest programmatic documents and to communicate with PCRM s FFL team and fellow Educational Alliance Program partners and instructors ( FFL affiliates ). The Educational Alliance Program partner must work in coordination with any other FFL affiliates in its area to prevent competing efforts. To remain in good standing, PCRM has certain requirements of the Educational Alliance Program partner with each class/series presented: a. The Educational Alliance Program partner must enter all class details into PCRM s class listing web form for posting to the FFL website. Classes that are closed to the public that are not to be posted to the website should be noted as PRIVATE/ DO NOT POST in the web form comments field. b. Within 30 days of the completion of each class/series, the Educational Alliance Program partner must provide PCRM the class evaluations and contact information of all class participants who have been exposed to PCRM s FFL classes except where prohibited by law (e.g., for medical centers to protect patient privacy under HIPAA, Health Insurance Portability and Accountability Act) in the form of PCRM s Excel spreadsheet template. These names will be used to track the progress of 2

3 the program and so that PCRM may contact students as needed to provide supporting material. PCRM reserves the right to grant programmatic licenser to a new FFL affiliate in an existing affiliate s community at any time, including in the event that an affiliate becomes inactive. The Educational Alliance Program partner agrees to complete a survey and update all contact information on an annual basis. Educational Alliance Program partner agrees to provide a hyperlink to its website (if they have one) to PCRM s website(s), and PCRM will list Educational Alliance Program partner on its website(s). If the Educational Alliance Program partner s program is open to the public, it is welcome to promote the class(es). However, the Educational Alliance Program partner will need to make it clear in the marketing materials that the classes are not being presented by PCRM and are not PCRM's Food for Life classes. The following language must be used in any marketing to differentiate these classes from PCRM s own. This language should also be included in any materials handed out at the class(es) or in any internal marketing done within the institution: Food for Life Education Alliance Program Classes "<<Educational_Partner>> is presenting a nutrition and cooking series based on the Physicians Committee for Responsible Medicine's (PCRM) popular Food for Life Nutrition and Cooking Classes. Each class will feature a video nutrition lecture followed by a cooking demonstration of simple and healthful recipes. Participants will be able to sample the recipes demonstrated." "PCRM is a nonprofit organization that promotes preventative medicine, particularly good nutrition, and supports higher standards in research. PCRM s Food for Life classes were created to empower those seeking to fight diseases with the healing power of foods." If the Educational Alliance Program partner s classes are closed to the public, then Educational Alliance Program partner does not need to advertise the classes, but should still use similar language as above to make it clear to the participants that these are not PCRM's Food for Life classes, but utilize materials based upon them. Participants' names should still be shared with PCRM as possible. Program Recipes. For any cooking demonstrations or meal preparation for FFLbased classes, the Educational Alliance Program partner shall prepare all meals in accordance with PCRM s nutrition advice and recipes, using no animal products, minimizing the use of oils, and selecting high-fiber foods to the extent practicable. While teaching the FFL program, the Educational Alliance Program partner will not advocate eating of any animal products, high-fat foods, or other unhealthful foods. Special Requirements for Use of Loaner Cookware. Should the Educational Alliance Program partner choose (and subject to availability which is beyond PCRM s control), it may opt to receive a loaner Vitamix kit to use for its classes. To retain the Vitamix kit, the Educational Alliance Program partner must renew the annual 3

4 membership in the FFL program and hold four (4) FFL class series of four classes or more per calendar year. To fulfill the class requirement during the term of this agreement, the Educational Alliance Program partner must teach the requisite four series in the period of January 1, 2014 to December 31, The FFL series that may be taught to reach the four series minimum (in any combination) are: The FFL: Cancer Project classes, the FFL: Diabetes Initiative classes, the FFL: Kids Health classes, the FFL: Kickstart Your Health classes, and any new FFL class series developed by PCRM. In the event the Educational Alliance Program partner is not willing or able to meet these requirements, the Educational Alliance Program partner must return all class-related equipment furnished by Vitamix (at the Educational Alliance Program partner s expense). Detailed instructions on returning the equipment can be discussed with PCRM staff at any time. Should the FFL affiliate misplace or cause non-warranty covered damage to any pieces of the loaner equipment, it is responsible for compensating PCRM for the value of the item(s). Accepting the loaner equipment from Vitamix is strictly optional and not mandatory for conducting the FFL classes. Literature. For all FFL classes taught, the Educational Alliance Program partner is required to purchase and disseminate to class attendees the FFL program materials designated by PCRM for the FFL-based classes. PCRM will provide the Educational Alliance Program partner with exclusive discounted pricing on such literature. All literature requests must be made 21 days/three (3) weeks prior to the necessary arrival date by ing request@fflclasses.org. Should the Educational Alliance Program partner order items less than 21 days/three (3) weeks in advance of the necessary arrival date, the Educational Alliance Program partner will be responsible for shipping fees of up to $63.03 for three day shipping and $91.60 for two day shipping depending on the shipping location within the United States. Rates are subject to changes at the discretion of UPS, FedEx, or USPS. Class Funding. The Educational Alliance Program partner may charge each class participant at its discretion no approval is necessary from PCRM to hold classes. Liability. The Educational Alliance Program partner will not hold PCRM responsible for any liability arising from the Educational Alliance Program partner s misconduct or negligence in performing under this agreement and agrees not to represent itself as an employee of PCRM. Media Communication. The Educational Alliance Program partner agrees to contact PCRM s Communications team immediately upon being contacted by any members of the press interested in doing a story about the FFL program, the class attendees, or the Educational Alliance Program partner. Due to laws that vary by state, the Education Alliance Program partner is cautioned to remind class participants that the information provided during the FFL classes is not intended to advise, counsel on nutrition, or diagnose any disease. If participants ask questions specific to their personal dietary needs or medical state, the FFL team member is advised to instruct them to seek the advice of their medical doctor or other health care professional. The team member s role in delivering the FFL classes is to focus on cooking and food preparation and to discuss the scientifically proven qualities of the plant-based food items you are preparing. FFL team members, 4

5 however, should avoid providing advice to or assessing the nutritional needs of specific participants or groups of participants. Membership and Renewal Fee. This agreement shall remain in full force and effect from January 1, 2014 through December 31, 2014, and shall be validated through the Educational Alliance Program partner s payment of a $49 membership fee by December 31, Thereafter the agreement term, the Educational Alliance Program partner s program membership shall be renewed on an annual basis by the end of each calendar year in order to continue teaching the FFL program and to retain use of and access to program related resources, materials and services. The membership fee shall cover the cost of class resources and support including: Updated curriculum (as needed), assistance with class related dietary questions, discounted PCRM literature, professional development seminars, class marketing, and access to the Listserv. The membership renewal fee is subject to change. Term of Agreement. This agreement is valid from the date of signing through December 31, Thereafter, the agreement shall remain in full force and effect unless either party sends written notice of its intent to terminate. This agreement shall automatically terminate if any of the obligations set forth in this agreement are not fulfilled as agreed. Upon termination, all existing data such as class registration lists, curricula, manuals, evaluations, etc. shall be sent to PCRM. The terms of this agreement are subject to change. Please sign below to acknowledge your agreement to the above terms. Signature of Representative of the Educational Alliance Program Partner Print Name Date Phone Number 5