Any attempt by the licensee to use only a portion of the IAFF HazMat Training Programs or to use the IAFF HazMat Training Programs without the proper safety measures and/or without IAFF-Certified Instructors is inconsistent with the scope of this license, and is therefore prohibited. The licensee is only authorized to make use of the IAFF HazMat Training Programs in accordance with the terms and conditions of the Program Manual. The Program Manual is hereby incorporated into this licensing agreement.
As a condition of receiving an IAFF HazMat Training Programs License, the licensee must agree that it will conduct the IAFF HazMat Training Programs in accordance with the IAFF’s licensing requirements. The full licensee shall meet the following licensing requirements:
- Utilize only IAFF-Certified Instructors;
- Have at least three IAFF-Certified Instructors on staff;
- Have a minimum of two IAFF-Certified Instructors co-teach each course;
- Train no more than 25 students per class per two instructors;
- Acquire/purchase the required equipment/props and verify that such equipment/props conform to all specifications in the Program Manual;
- Provide facilities and equipment for the final written and practical exam;
- Ensure that it has the ability to administer the Program in conformity with the specifications set forth in the agreement;
- Have students register on the IAFF registration site at least one month in advance to receive certification;
- Notify the IAFF HazMat Department of class cancellation at least one month in advance; and
- Adhere to IAFF testing regulations as part of its Pro Board® accreditation.
The IAFF will provide custom certificates for students that register, successfully complete the course and complete the post-course evaluation survey.
Licenses shall only be issued to fire departments, third-party training organizations or regional consortiums that are:
- Federal, state or provincial governments or agencies;
- State or provincial fire academies;
- Colleges/universities that conduct fire fighter training courses; or
- Regional consortiums of fire departments within a state or province.
To ensure compliance with this policy, the IAFF will conduct periodic onsite reviews and audits of the facilities holding a license, and the licensee must agree to fully cooperate with such efforts. The onsite review and audit will include, but are not necessarily limited to, the following:
- Verification of training procedures and use of IAFF HazMat Training Program materials;
- Verification of IAFF-Certified Instructors;
- Equipment inspection to ensure all equipment and props meet specifications; and
- Attendance verification by roster of all trained individuals.
To ensure that the IAFF has adequate resources to conduct onsite reviews and audits, license holders will be charged an annual licensing fee of $5,000. Licensing fees are waived for IAFF affiliates, including locals and state/provincial associations. Licensees will also be provided any and all updates to the Program.
Licenses are non-transferable, non-exclusive and terminable at will for any reason and at any time. The IAFF may terminate the license by written notice, effective immediately upon receipt of such notice by the other party, and any fees already paid by the licensee at the time of termination are non-refundable.
The Course, and any written, printed, graphic, or electronically or magnetically recorded information developed in accordance with this Agreement, shall be the sole and exclusive property of the IAFF. In addition, any written, printed, graphic, or electronically or magnetically recorded information furnished by the IAFF for use in carrying out the provisions of this Agreement are the sole property of the IAFF. The IAFF owns the proprietary rights to these IAFF HazMat Training Programs. This proprietary information includes, but is not limited to Course Materials, client lists, marketing information and information concerning the IAFF’s employees, donors, benefactors, products, services, prices, operations and subsidiaries not otherwise available in the normal course of events. The host site will keep this information in the strictest confidence and will not disclose it by any means to any person except with the IAFF’s written approval, and only to the extent necessary to perform under this Agreement. This prohibition also applies to the Host Site employees and agents. Upon termination of this Agreement, the host site will return any confidential information in its possession to the IAFF.
The IAFF has copyrighted its HazMat Training Programs in order to prevent unauthorized use. The IAFF owns the exclusive right to reproduce copies of the IAFF HazMat Training Programs; to prepare derivative works from the IAFF HazMat Training Programs; to distribute the IAFF HazMat Training Programs to the public; and to publicly display this work. The copyright on the IAFF HazMat Training Program is registered with the United States Copyright Office. Because of this registration, the IAFF may invoke certain remedies in a lawsuit for copyright infringement. These remedies include actual damages, injunction, any profits realized by the infringer and statutory damages, including attorneys’ fees and litigation costs. The IAFF’s copyright on its HazMat Training Programs is also afforded complete protection in Canada pursuant to the Universal Copyright Convention. The IAFF reserves all rights under Canadian and international law for copyright infringement and for any illegal use, distribution, copying and creation of derivative works that are not allowed by this license. The IAFF may invoke certain remedies in a lawsuit for copyright infringement. These remedies include actual damages, injunction, any profits realized by the infringer and punitive damages.
This copyright protection extends to any derivative of the IAFF HazMat Training Programs that is “substantially similar” to the Program. Further, the IAFF does NOT grant a license for the creation of derivative works or works that are based on whole or in part on the IAFF HazMat Training Program. This includes works that are written, as well as oral. Specific, written permission is necessary from the IAFF in order to create derivative works.
While the IAFF may permit the reproduction and reprinting of the IAFF HazMat Training Program upon request, this does not authorize the licensee to reprint or reproduce, in whole or in part, the IAFF HazMat Training Program. Specific, written permission is necessary from the IAFF in order to reprint or reproduce the HazMat Program. The IAFF reserves all rights and remedies for copyright infringement for any illegal use, distribution, copying or creation of derivative works that are not covered by this license.
The IAFF is entitled to, and will, institute legal action against any infringement of its exclusive rights or its licensing agreement. The remedies for copyright infringement include obtaining an injunction to prevent further infringement and to ensure the destruction of unauthorized copies. They also include the recovery of any damages suffered by the IAFF, recovery of the profits of the infringer, and the recovery of attorneys’ fees and costs of the litigation.
This license is subject to termination for any reason at the election of the IAFF by written notice. This license cannot be transferred or sub-licensed to any third parties without permission from the IAFF.
The City shall fully indemnify, defend and hold harmless IAFF from and against any and all claims, losses, damages, expenses and liability arising under this Agreement, provided that such claim, loss, damage, expense or liability does not arise from the gross negligence or willful misconduct of the IAFF.
Any notices given under this Agreement by either party to the other must be effected in writing by personal delivery, or by mail, registered or certified postage prepaid with return receipt requested (or delivery by private carrier, e.g., UPS, FedEx, with signature required). Mailed notices must be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by giving written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of the date of receipt or the fifth day after mailing, whichever occurs first.
If any provision of this Agreement is: (i) held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, or (ii) invalidated by state law enacted after the parties entered into this Agreement, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
No failure or delay by the IAFF in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
The host site is an independent entity and neither the host site nor its agents or employees shall be considered employees or agents of the IAFF. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture or grant of a franchise between the IAFF and the host site. This Agreement shall not be construed as authority for either party to act for the other party in any agency or other capacity or to make commitments of any kind for the account of or on the behalf of the other, except to the extent and for the purposes provided herein.
This Agreement will be governed by and construed in accordance with the laws of the District of Columbia. The parties agree that each has reviewed and drafted this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any revision or exhibit thereto.
This Agreement constitutes the entire understanding of the parties concerning the subject matter hereof. This Agreement supersedes any and all prior agreements, either oral or written, between the parties and contains all of the representations, covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, which is not contained in this Agreement, and that no other agreement, statement, or promise not contained in this Agreement will be valid or binding. Any modification of this Agreement will be effective only if it is in a writing signed by the parties hereto.
The Articles and other headings contained in this Agreement are meant to organize the document and shall not affect in any way the meaning or interpretation of the terms of this Agreement.
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