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THIS AGREEMENT is made by and between The Houston Area League of PC Users, Inc. (hereinafter called "HAL-PC") and _________________________ (hereinafter called the "Instructor"):

WITNESSETH:

WHEREAS, The HAL-PC Education Committee, through its Board of Directors, is empowered and authorized to contract, employ faculty and staff, and provide educational courses and/or programs.

WHEREAS, it would further the public interest if the opportunity is provided to HAL-PC to enroll students for educational programs, and

WHEREAS, HAL-PC and the Instructor desire to enter into a cooperative Agreement for the implementation and administration of an educational program;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, HAL-PC and the Instructor do hereby agree as follows:

ARTICLE I. PURPOSE

The purpose of this Agreement is to ensure the viability of HAL-PC's Educational Program, create an environment suitable for the growth of an exemplary educational program and guarantee the rights and the responsibilities of the Instructor and HAL-PC.

ARTICLE II. OBLIGATIONS OF THE INSTRUCTOR

THE INSTRUCTOR AGREES:

   1. To provide curriculum and instructional design, with the advice and input of HAL-PC for training of students registered in HAL-PC's Education Program.

All curriculum and instruction is under the control of the Instructor. The proposed services which include specific courses, number of classes and minimum enrollment requirements, dates and times of courses, training costs and payment requirements, and other relevant information are to be defined by the Instructor with the following exceptions:

   A. There will be a facilities fee charged for every class offered in the HAL-PC Building. The facilities fee will be 20% of the fee the Instructor sets for their class rounded up to the next five(5) dollar increment, for a total of not less that five(5) dollars and not to exceed twenty(20) dollars. HAL-PC Members will be entitled to a discount in the amount of the facilities fee. Groups of three(3) or more will also be entitled to a discount in the amount of the facilities fee. The facilities fee, when it is collected, will be paid to HAL-PC and will not be split with the Instructor.

   B. The Instructor is encouraged to develop a working relationship with appropriate SIG Leaders and to recommend participation in those SIG's to their students.

   C. The Instructors will make every effort to schedule classes at least four(4) months in advance. Scheduling of classes will be subject to limitations imposed by the availibility of classrooms, equipment and material.

   D. HAL-PC will ask every student to complete a student survey. In the event of a scheduling conflict Instructors with very positive student surveys will be given priority.

   2. Instructors who would like to maintain their own Class Information or Instructor profile pages are encouraged to do so, so long as they comply with the following guidelines:

   A. A Class Information page is to contain information about that class, related classes and recommended SIG's only.

   B. An Instructor's profile page is to contain information relevant to the Instructors qualifications to teach the classes that the instructor has contracted with HAL-PC to teach.

ARTICLE III. OBLIGATIONS OF HAL-PC

HAL-PC AGREES:

   1. To provide facilities and administrative support for all educational activities including the maintenance of classroon equipment, classrooms for the purpose of providing classes and the ordering of software, books and materials so long as the educational activity has been approved by the HAL-PC Education Committee.

   2. To split the class fees with the Instructor 50/50. Classroom materials purchased by HAL-PC and any facilities fees collected on behalf of HAL-PC will not be considered part of the class fee.

   3. Offer every student a HAL-PC Membership for a discounted price as approved by the HAL-PC Board of Directors.

   4. Post a class description, the charges for the class and the class schedule on the HAL-PC Website.

   5. Provide a common file space for Instructors to share their classroom materials, should they choose to share those materials.

ARTICLE IV. STANDARD PROVISIONS

      A. Each party shall retain complete control and jurisdiction over such programs of its own and nothing in this Agreement or in its performance shall be construed to establish a joint venture of the parties hereto.

      B. Students enrolled under this Agreement shall be responsible for the payment of all required tuition and fees in amounts set by the Instructor. Provisions for payments from students will be made by HAL-PC.

      C. Refunds of tuition and fees shall be in accordance with the refund policy approved by the HAL-PC Education Committee for the fiscal year in which this Agreement is in effect.

      D. The parties agree that they will not discriminate against any person due to race, color, religion, sex, or national origin, and in this regard they will comply with all applicable federal and state employment laws, rules and regulations, including the Americans with Disabilities Act.

      E. Either party may at any time cancel this Agreement or renewal thereof, with or without cause, by giving thirty (30) days advance written notice to the other party which shall commence on the date of mailing of the written notice by certified mail or personal delivery. Thereafter, the provisions of this Agreement shall become null and void except for the portion or portions of payment herein agreed upon for which expenses have been necessarily incurred in the performance of this Agreement.

      F. The continuation and renewal of this Agreement shall be subject to approval by the HAL-PC Board of Directors and subject to the appropriation of sufficient funds to administer and support the program. In the event that sufficient funds are not available or not appropriated, HAL-PC may cancel this Agreement by delivering written notice to the Instructors according to the termination provisions of Section E., above.

      G. Upon termination of this Agreement equipment and materials furnished or purchased by the Instructor for the program shall be retained by the Instructor, and equipment and materials furnished or purchased by HAL-PC shall be retained by HAL-PC.

   8. This Agreement shall be subject to and interpreted under the laws of the State of Texas.

      I. HAL-PC agrees to indemnify and hold harmless the Instructor from all injuries to persons or property caused by acts or omissions of HAL-PC arising out of HAL-PC's activities under this Agreement. The Instructor agrees to indemnify and hold harmless HAL-PC from all injuries to persons or property caused by acts or omissions of the Instructor arising out of the Instructor's activities under this Agreement. In the event of concurrent liability, the parties shall have the right of contribution from each other.

      J. Instructors participating in HAL-PC's Educational Program shall not be considered as employees of HAL-PC, and agents or employees of HAL-PC shall not be considered employees of the Instructor. Accordingly, employees of one party shall not be entitled to employee benefits normally provided to bona fide employees of the other party.

   12. This document contains the entire Agreement between the parties and may not be modified, amended, altered or extended except through a written amendment by the parties.

      IN WITNESS WHEREOF, the parties have executed this Agreement on this _____ day of ______________ , ________ .

The Houston Area League of PC Users, Inc.

_____________________________ ________________
Signature Date

_____________________________
Printed or Typed Name of Signatory

_____________________________
Title

The Instructor

_____________________________ ________________
Signature Date

_____________________________
Printed or Typed Name of Signatory

Approved: June 3rd, 2004, Houston Area League of PC Users Education Committee

Rev. 1 contains only enough additions to make its TWiki appearence match the original.

As far as I concerned, this embodies the consensus at the meeting; and after a spelling check and lawyer review, should be adopted.  RA

Rev. 2 contains a few small spelling corrections.