Appointment as an ECSI Instructor is for a term of two (2) years from the date of this Agreement. This appointment is provided on a non-exclusive basis and will be automatically renewed for additional two (2) year terms, provided the Instructor has complied with the terms of this Agreement during its appointment period. If the Instructor is unavailable for an extended time (i.e., military duty, illness, etc.) the Instructor can request reinstatement.
The Instructor agrees to provide training in accordance with the training methods and structure provided within ECSI instructor resources for all courses.
The Instructor conducts this training on his or her own behalf or on behalf of his or her ECSI Education Center, and not as an agent of the American Academy of Orthopaedic Surgeons (AAOS), American College of Emergency Physicians (ACEP), Jones & Bartlett Learning (JBL), or any other organizations that may partner with ECSI for the purpose of delivering or endorsing ECSI training courses, products, or events.
The Instructor agrees to comply with all applicable governmental rules, regulations, laws, or ordinances as they pertain to the delivery, administration, or benefits of the ECSI.
ECSI may monitor an Instructor's courses and inspect its records at any time to ensure compliance.
The Instructor will order all course materials through his or her Education Center or Jones & Bartlett Learning. The Instructor agrees to use the materials in connection with fulfilling obligations under this Agreement. This includes, but is not limited to, the mandatory use of ECSI course materials when issuing ECSI Course Completion Cards.
The Instructor acknowledges that all ECSI course materials are copyrighted by Jones & Bartlett Learning. The Instructor obtains no rights to or interest in the ECSI courses or materials by becoming an ECSI Instructor. Unauthorized reproduction, sale, or use of these copyrighted materials in any form, except as specifically provided through written agreement with Jones & Bartlett Learning, is strictly prohibited. Copyright violation will result in termination of this Agreement, as well as the pursuit of any other remedy provided by law.
The Instructor acknowledges that ECSI, AAOS, ACEP, and JBL own their respective trade names, marks, and logos. The Instructor acknowledges the validity of these Marks, and agrees that it will not use these Marks or any name, mark, or logo confusingly similar in any manner unless written approval is provided.
The Instructor acknowledges that he or she must teach one (1) course per year and shall maintain course records for all ECSI courses taught. If requested, Instructors will provide an annual report to ECSI of courses taught.
All Instructors must possess a copy of the appropriate instructor material and participant manual when teaching ECSI courses.
The Instructor acknowledges that he or she will be responsible for issuing ECSI Course Completion Cards to participants who successfully complete courses. Instructors from national training organizations and/or state agencies other than ECSI Instructors can assist with classes as necessary, and can be "grandfathered" as Instructors into the ECSI.
There are no provisions for exclusivity in this Agreement and ECSI Instructors can also be members of other organizations (e.g., American Heart Association, American Red Cross, etc.) for the purpose of offering courses other than ECSI courses.
The Instructor's rights and obligations under this Agreement are not assignable.
ECSI Instructors agree to indemnify, defend, and hold ECSI, AAOS, ACEP, and JBL 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.
This Agreement may be terminated for the following reasons:
Termination under this section will become effective fourteen (14) days after receipt by the Instructor of a written notice of termination from ECSI unless, prior to the Termination Date, the Instructor cures the grounds for termination specified in the notice. Within fourteen (14) days of termination, the Instructor shall:
ECSI will communicate to Instructors through different formats, including regular mail and e-mail. Information provided will include administrative updates, new programs or products, and other special offers. The Instructor agrees to accept these communications as a part of standard business practice as members of ECSI.
Having read and understood the information above, the Instructor wishes to form a contract with the ECSI 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 Instructor receives a return electronic copy of the Agreement executed by an authorized representative of ECSI.