
Agreement
CR Certification Corporation (CRCC), in conjunction with the
American Heart Association (AHA), has established a set of
hospitality industry standards (the Standards) for cardiac
emergency readiness programs (CERPs). The CardioReady designation
program requires (i) Automated External Defibrillators (AEDs) to
be placed in reasonable proximity to hotel and conference/convention
facility guests for treating occurrences of sudden cardiac arrest,
(ii) AHA training (or equivalent) of on-site personnel and (iii)
proper manufacturer-approved maintenance of AEDs.
The Agreement executed by the Customer for the purchase of a CRCC
designation for the facility named therein (the Facility) shall be
binding upon the Customer and the Facility. Pursuant to the
Agreement, the terms set forth herein, as amended from time to time,
shall be incorporated by reference therein. In seeking CRCC
designation for the Facility, the Customer agrees the Facility shall
be evaluated for a CardioReady designation upon completion of (a)
the CardioReady designation checklist (the Checklist) by the
Customers Authorizing Representative (named therein) and review by
CRCC of the Checklist and any other documented information provided
by the Customer upon CRCCs request. A current version of the
Checklist is available at
http://www.cardioready.com/checklist.asp and execution of the Agreement
shall be deemed acknowledgement of the receipt and review of such
Checklist by Customer. The Facility will receive a CardioReady
designation at the sole discretion of CRCC.
Designation/Tiers
The Facilitys designation shall be included in the StarCite, Inc.
(StarCite) database in accordance with the CardioReady Facility
Designation Agreement (the Agreement) executed by the customer named thereon (the Customer) and into such
Agreement the terms and conditions set forth herein are expressly
incorporated by reference. Upon review of the Customers completed
Checklist and such other documented information as CRCC may request,
the Facility shall receive a CardioReady designation of
CardioReady Certified Facility, CardioReady Certified Meeting
Space, CardioReady Registered, CardioReady Event Registered
or CardioReady Designation Pending. The CardioReady designations
are broken down into designation tiers based on the CardioReady
Five-Heart Rating System, as such system and designation tier
requirements may change from time to time. The Five-Heart Rating
System distinguishes the sophistication of the Facilitys CERP. The
current designation tiers are as follows: CardioReady Certified
Facility (Five Hearts); CardioReady Certified Meeting Space (Four
Hearts), CardioReady Registered (Two or Three Hearts, depending on
public accessibility of the AEDs); and CardioReady Event Registered
(One Heart). If the Facility receives a Four or Five-Heart rating,
the Customer shall be licensed during the Contract Period (set forth
in the Agreement) to promote the Facility as a CardioReady
Certified Facility or CardioReady Certified Meeting Space, as
applicable, as provided in accordance with the CardioReady
promotion regulations. If the Facility receives a Three-Heart rating
or less, the Customer shall not have the right to promote the
Facility as CardioReady or CardioReady Registered unless otherwise
expressly authorized by CRCC in writing. Once an Agreement is
executed by an Authorizing Representative of the
Customer, the Facility shall be designated as CardioReady
Designation Pending. Facilities receiving the CardioReady
Designation Pending designation shall be included in the StarCite
database with that designation, which shall include no promotional
rights whatsoever until CRCC provides a the Facility with a
designation and rating. Further information concerning CardioReady
designations and ratings may be found at www.cardioready.com.
Covenants of the Customer
At all times during the Contract Period, (a) the Customer and the
Facility and its affiliates shall comply (or cause compliance) with
all (i) laws, rules and regulations, including but not limited to
those applicable to CERPs, AEDs, first aid and the provision of
medical care, (ii) manufacturers suggested maintenance requirements
concerning AEDs or any equipment or supplies related thereto, (iii)
all terms and conditions of CardioReady Designation set forth
herein, and (iv) all policies, standards and requirements concerning
or related to the promotion of the Facilitys CardioReady
designation as such policies, standards and requirements may be
amended, modified or changed from time to time and (b) all of the
information provided on the Checklist is, and at all times shall
remain, true and correct and the Customer shall have, and hereby
acknowledges, the Customers duty to correct (i) any information or
statement provided which was inaccurate or misleading when made and
(ii) any information or statement which has or is likely to become
inaccurate or misleading at any time hereafter for any reason.
Customer agrees that compliance with all provisions of the
Agreement, including these terms and conditions (regardless of
whether printed in the Agreement or incorporated therein by
reference), is a material and essential condition of the Agreement
and the failure by Customer to so comply in a timely manner shall
constitute a material breach of the Agreement.
Authorizing Representative
The Customer has designated the authorizing representative named in
the Agreement (the Authorizing Representative) to serve as a
liaison for the Customer and the Facility, provide accurate
documented information in the Checklist, immediately provide a
revised Checklist or make any necessary disclosure(s) in writing in
the event that conditions at the Facility change after completing an
initial Checklist or upon learning that information included in the
Checklist is incorrect or incomplete and provide additional,
accurate, documented information about the Facilitys CERP upon
request. The Customer shall promptly notify CRCC if
the Authorizing Representative is changed.
Intellectual Property
Regardless of any provision herein to the contrary, CRCC in every
respect shall own the rights to the names/trademarks CardioReady,
CardioReady Certified, CardioReady Certified Facility,
CardioReady Certified Meeting Space, CardioReady Registered,
CardioReady Event Registered, CardioReady Designation Pending,
CardioReady Five-Heart Rating System and all other trademarks,
identifying logos, artwork and other intellectual property in any
way related thereto or, in any case, owned at anytime by CRCC
(collectively, the Identifying Materials). The Customer shall not
take any action with respect to the Identifying Materials which
impairs, or is reasonably likely to impair the value of the
Identifying Materials or the goodwill associated therewith or the
reputation, business standing or prestige of CRCC or StarCite.
Customer shall not assert any ownership in the Identifying Materials
or the goodwill associated with the same. Customer agrees that it
shall not contest the validity or scope of the Identifying Materials
at any time. Customer shall cease all use of any Identifying
Materials upon termination of this Agreement. The Customer agrees
that the Identifying Materials, to the extent permitted by CRCC and
used by the Customer, are subject to a license by CRCC and CRCC
reserves the right to control the usage by the Customer of the
Identifying Materials to the extent CRCC deems necessary or
appropriate to protect the intellectual property rights therein.
Right to Audit
While the Customer is solely responsible for the accuracy of all
information provided by in the Checklist, CRCC shall have the right
in its absolute discretion, but not in any case the responsibility,
to audit the Facility to review the accuracy of such information and
determine compliance with any applicable law, and other requirements
or guidelines, including, but not limited to, the Standards. Such
audits, if any, shall be scheduled at mutually agreeable times upon
reasonable advance written notice to the Customer and the Facility.
Relationship of Parties
Nothing contained in this Agreement shall be construed to place
Customer, on one hand, and either CRCC or StarCite, on the other
hand, in a relationship of employer and employee, partners,
principal and agent, or parties to a joint venture. Neither Customer, on one
hand, nor either CRCC or StarCite, on the other hand, shall have
the power to bind or obligate the other nor shall either hold itself
out as having such authority
Good Samaritan Laws
Without providing any advice on federal or any states Good
Samaritan laws, Good Samaritan laws may protect the Customer and its
agents and affiliates from liability arising from the reasonable use
or attempted reasonable use of AED on a victim or perceived victim
of a medical emergency thought to require the use of AEDs.
Indemnification, Additional Duties and Relationship
The parties acknowledge that, while CRCC seeks to establish industry
standards for CERPs, there is no (express or implied) assurance,
warranty or guaranty that following the Standards will prove
successful in assisting someone in case of an actual or apparent
emergency. Further, the Standards are subject to change. Therefore,
the Customer must and does accept and assume all liability with
respect to its CERP and its execution. If CRCC or StarCite
experiences losses of any nature based on or with respect to the
Agreement, its subject matter or Customers CERP and its execution
(including but not limited to judgments, penalties or amounts paid
in defense or preparation for defense or settlement whether action
is taken or threatened), the Customer will protect, hold harmless,
and indemnify each of CRCC and StarCite (together, Losses),
including, but not limited to, Losses concerning, arising from or
related to (i) the safety or condition of the Facility, (ii) the
ability of the Customer, Facility or any employees or agents of
either to assist any person in any situation requiring first aid or
medical treatment, (iii) any accident, casualty or injury involving
the Facilitys CERP or the provision or failure of the Customer,
Facility or any employees or affiliates of either (or any other
person) to provide first aid or medical treatment of any kind and
(iv) any representation made by the Customer, the Facility or any
employee or affiliate of either including, but not limited to the
Authorizing Representative, concerning the Facilitys CERP. Customer
hereby waives and relinquishes any right of contribution it may have
against CRCC or StarCite. Neither the Customer, the Facility nor any affiliate thereof shall
settle any action to which CRCC or StarCite has been joined or has
a legitimate interest without the written approval of CRCC and
StarCite.
Limitation of Liability
Neither CRCC nor StarCite nor any officer, employee, affiliate,
agent, licensor, successor or assign of either (the "Party
Affiliates") shall be liable to Customer, Facility or any third
party for anything based on or in any way related to this Agreement
or the relationship created hereby, including, without limitation,
consequential, special, incidental, indirect or similar damages even
if advised of the possibility of such damages. Customer agrees that
neither of CRCC, StarCite, nor the Party Affiliates shall suffer any
liability to Customer, the Facility or any of its affiliates arising
out of any kind of legal claim (whether in contract, tort or
otherwise) in any way connected with this Agreement.
Insurance
The Customer shall maintain throughout the Contract Period and for a
period of seven years thereafter, the following insurance in amounts
no less than that specified for each type: (i) general liability
insurance with combined limits of not less than $2,000,000.00 and
$2,000,000.00 per accident for bodily injury, including death and
property damage; (ii) workers compensation insurance in the amount
required by the law of the state in which the Facility is located;
and (iii) employers liability insurance with limits of not less
than $2,000,000.00 per occurrence. Upon execution of this
Agreement and at such further times as CRCC or StarCite may
request, the Facility shall provide CRCC or StarCite with
certificates of insurance, with both named as additional insured
parties,
from reputable insurance companies providing that the Facility has
obtained and maintains in effect all insurance as required by this
Section. Such insurance policies may not be cancelled, amended or
terminated unless at least thirty (30) days' prior written notice is
given to both CRCC and StarCite. This paragraph shall survive the
termination of this Agreement, regardless of whether terminated at
the end of the Contract Period or otherwise.
Right to Disclose
Customer agrees that CRCC may
publicly refer to Customer, orally and in writing, as a client of
CRCC, and/or publicize the current status of the CardioReady
designation of the Customer's facility or facilities.
Disclaimer/Compliance with Law
CRCC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED OR ARISING BY OPERATION OF LAW, WITH RESPECT TO THIS
AGREEMENT AND ANY GOODS AND SERVICES PROVIDED HEREUNDER INCLUDING
(WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY OR
SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER CRCC
NOR STARCITE SHALL BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY IN ANY
WAY CONNECTED WITH ANY GOODS OR SERVICES PROVIDED HEREUNDER. IT IS
ESSENTIAL THAT THE CUSTOMER DETERMINE AND ABIDE BY, AND CUSTOMER
HEREBY AGREES TO DETERMINE AND ABIDE BY, ALL APPLICABLE FEDERAL,
STATE AND LOCAL LAWS AND REGULATIONS.
Governing Law
This Agreement shall be construed and governed under and in
accordance with the laws of the Commonwealth of Pennsylvania (and
United States Federal Law, to the extent applicable). The courts of
[the Eastern District of Pennsylvania or any Commonwealth Court
sitting in Philadelphia County, Pennsylvania] shall have sole and
exclusive jurisdiction and venue to adjudicate over any actions
relating to the subject matter of this Agreement. The parties hereto
consent to the exclusive jurisdiction of the courts specified above,
and expressly waive any objection to the jurisdiction or convenience
of such courts.
Payment
The Customer shall pay the amounts specified in the Agreement plus
all applicable taxes and expenses without any delay or right of
cancellation. All payments are in U.S. Dollars, are due in full
within ten (10) days of execution by the Customer unless otherwise
specified, are non-refundable and are not dependent upon the
Facilitys designation as CardioReady Certified or CardioReady
Registered. Sales tax shall be invoiced separately, if applicable.
Payments not made when due shall be subject to a late charge of the
lesser of one and one-half percent (1.5%) per month or the highest
interest rate permitted by law, plus applicable collection costs.
Assignment
Customer may not assign this Agreement, or any part hereof, without
the prior written consent of CRCC, which consent
may be withheld in the sole discretion of either or both. CRCC may assign this Agreement, or any part hereof upon
giving Customer notice of any such assignment.
Severability
Should any part of this Agreement, for any reason, be declared
invalid, such decision shall not affect the validity of any
remaining portion, which remaining portion shall remain in force and
effect as if this Agreement had been executed without the invalid
portion. Waiver by CRCC and/or StarCite of any particular default by
Customer shall not affect or impair CRCCs and/or StarCites rights
with respect to any other or subsequent default of the same or a
different kind; nor shall any delay or omission by CRCC and/or
StarCite in exercising any right arising from and default affect or
impair CRCCs and/or StarCites rights as to the same or any future
default.
Defined Terms
Capitalized terms not defined herein shall use those definitions
attributed to them in the Agreement. Capitalized terms in the
Agreement not defined therein shall use the definitions attributed
to them herein.