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Membership Agreement

Welcome to Catapult Employers Association. We are dedicated to helping you achieve operational excellence by providing you with HR and business expertise to address immediate and long-term challenges in your business. This Membership Agreement (the “Agreement”) outlines the terms and conditions of your Membership in Catapult Employers Association.

1. The Parties. This Agreement is by and between you (“You”) and Catapult Employers Association (“Catapult” or “We”) (sometimes individually a “Party” and collectively the “Parties”).

2. Effective Date. The Agreement is effective as of the date of Your signature below (the “Effective Date”).

3. Services.

a. Catapult offers Membership at an Elite, Premium, or Standard level. You will select Your Membership level when making initial payment (“Enrollment”). The Services that You receive, and the fees that You pay, will vary depending on which level You select during Enrollment.

b. The term “Services” as used herein means Catapult’s provision of resources and expertise in organizational development, benefits, recruiting, HR compliance, operations, and other areas that augment and expand Members’ HR teams, according to the Membership level You select during Enrollment. Information about the benefits and Services that comprise each level are available on Catapult’s website and may be revised from time-to-time.

4. Membership.

a. Membership in Catapult is annual (on a twelve (12) month basis), based on the date of enrollment. Dues are not pro-rated.

b. Elite and Premium members receiving an annual credit towards Private Learning and HR Consulting must use the credit during the twelve (12) month Membership year (not the calendar year). Unused credits do not carry over to future years.

c. Membership in Catapult applies to a single organization only. Holding companies, franchises, associations, and other legal entities with different Federal Employer Identification Numbers are treated as separate organizations requiring separate Memberships. Catapult may consider wholly-owned subsidiaries or divisions of one organization under a singular membership if there is a single corporate HR function with standard HR policies and benefits that support and apply to all locations. Catapult will make this determination in its sole discretion, on a case-by-case basis. Catapult reserves the right to deny Membership to any organization, in its sole discretion.

5. Other Benefits.

a. Catapult’s Employment Law Advice Plan is a Member benefit only and its terms are available at the following website: Employment Law Advice from Attorneys | Catapult HR Membership. If You utilize any aspects of the Employment Law Advice Plan, You agree to the Terms and Conditions of use for the Employment Law Advice Plan as reflected on Catapult’s website, which may be revised from time-to-time.

b. Catapult also makes available certain additional benefits through “Fee-Based Engagements.” The specific benefits available through Fee-Based Engagements may vary, but generally include HR audits, recruiting support, and similar offerings. These are available at additional cost, separate from Your Membership Fees. Your Account Manager can share information about Fee-Based Engagement and, if you are interested in such additional benefits, can send You a written proposal specific to the Fee-Based Engagement.

6. Term and Termination.

a. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year (“Term”) unless earlier terminated in accordance with this Agreement. Upon expiration of the Term, the Term – and thereby your Membership – shall automatically renew for successive one (1) year terms (“Renewal Terms”) unless either Party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current Term. Upon renewal, Catapult will charge Your fees via the payment method selected by You.

b. Termination by You. You may terminate the Agreement and Your Membership at any time by emailing your Catapult Account Manager, provided, however, that even if You terminate prior to the end of your Membership, You remain liable for the full amount of your annual Membership Fees as during your Enrollment. For avoidance of doubt, and without limiting Section 6.d of this Agreement, this means that You still must pay any outstanding balance of Your Membership Fees, regardless of whether You are on a monthly, quarterly, semi-annual, annual, or other billing cycle.

c. Termination by Catapult. Catapult may terminate this Agreement at any time effective immediately by providing notice of termination “for cause,” which shall include termination if You breach this Agreement, engage in illegal or fraudulent use of the Services or Catapult’s website, or engage in any other fraudulent, abusive, violent, or improper conduct or other improper acts or omissions, any and all of which may constitute “cause” for termination, as determined by Catapult in its sole discretion. Catapult may provide a notice of termination by sending a termination message to Your email address or to the physical address associated with Your Membership account.

d. Effect of Expiration or Termination. You are liable for all fees due to Catapult through the date of Expiration or Termination. You also are liable to Catapult for amounts owed related to work that Catapult has performed, or expenses Catapult has occurred, associated with Fee-Based Engagements that are operative at the time of Expiration or Termination.

7. Catapult Terms and Conditions. Catapult’s Terms & Conditions are available online at [https://letscatapult.org/membership-terms-conditions/] (or any successor site) and are incorporated into this Agreement, including as the Terms & Conditions may be revised from time-to-time. In the event of a conflict between this Agreement and the Terms & Conditions, the Terms & Conditions control. By executing this Agreement or by submitting payment or by accepting Catapult’s Services, you warrant that you have read and agree to the Terms & Conditions and that you are bound by them, to the same extent, and with the same force and effect, as if you had placed your signature on those Terms & Conditions.

8. Miscellaneous.

a. Entire Agreement. This Agreement, inclusive of the Terms & Conditions, constitutes the entire agreement between the Parties, and contains all the agreements between the Parties, with respect to the subject matter hereof, and supersedes any and all other agreements, either oral or written, between the Parties hereto with respect to the subject matter hereof.

b. Amendment; Waiver. No changes, modifications or amendments of any terms and conditions of this Agreement are valid or binding unless agreed to by the Parties in writing and signed by their authorized agents. No act or failure to act by either Party shall waive any right contained herein.  Any waiver by either Party must be in writing and signed by an officer or designated representative of such Party.

c. Assignment and Binding Effect. This Agreement and the rights and obligations hereunder shall not be assignable or transferable by You in whole or in part without the prior written consent of Catapult. Any attempted assignment or transfer in violation of this Section shall be null and void. Any permitted assignment or transfer by You shall not relieve You of responsibility for Your payment obligations in accordance with this Agreement.

d. No Third-Party Rights. Unless expressly stated in this Agreement, nothing herein is intended to, or does, confer any rights or remedies on any persons other than You and the Catapult Parties.

e. Interpretation. This Agreement is the result of negotiations between the Parties and will be construed and interpreted without regard to which Party drafted this Agreement or any provision of it. The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

f. Severability. If for any reason any provision of this Agreement shall be deemed, by a court of competent jurisdiction, to be legally invalid or unenforceable in any jurisdiction to which it applies, the validity of the remainder of the Agreement shall not be affected, and that provision shall be deemed modified to the minimum extent necessary to make that provision consistent with applicable law, and in its modified form, that provision shall then be enforceable.

g. Legal Significance. You acknowledge that this Agreement is a legal document and creates certain rights and responsibilities. You also acknowledge that You have had reasonable time to seek legal advice regarding the Agreement and have either chosen not to do so or have done so and are satisfied with the terms and conditions of the Agreement. Nothing in this Agreement shall affect any non-waivable statutory rights that apply to You.

h. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Agreement by email or electronic transmission (including e-signature) shall be effective as delivery of a manually executed counterpart of this Agreement.

Each individual signing below represents that they have authority to, and intend to, bind the entity on whose behalf they are signing. Therefore, each of the Parties hereto has caused this Agreement to be executed as of the Effective Date.

Catapult: Catapult Employers Association, by its Account Manager.
Member: the authorized signer below, on behalf of the organization named below.