Membership Terms & Conditions

CATAPULT TERMS & CONDITIONS

This Terms of Use Agreement (“Agreement”) by and between CATAPULT EMPLOYERS ASSOCIATION aka CATAPULT (“we”, “us”, “our”) and COMPANY (“you”, “your”, “applicant”, “company”, “client” or “member”) governs use of the CATAPULT membership benefits, products, solutions, services, website and training or other resources including those offered through Catapult Services Corporation.

The client agrees to abide with the bylaws, rules, and policies of CATAPULT and that payment for membership or services indicates you have read and agreed with these terms.

At its sole discretion, CATAPULT may reject this Agreement by refund of all monies rendered for specific membership or services. CATAPULT may add, delete, or modify membership benefits or services at any time at our sole discretion. We may similarly update this Agreement at any time and will communicate on our website or through other communications. We further reserve the right to change membership dues pursuant to board approval.

SECTION 1: MEMBERSHIP AGREEMENTS

1. MEMBERSHIP DEFINITION

Membership in CATAPULT may be offered to companies at the Standard or Premium level. Benefits are published on our website and/or through other oral and written communications at the time of joining.
Membership in CATAPULT applies to a single organization only.
Holding companies, franchises, associations, and other groups of companies with different Federal Employer Identification Numbers (EIN) will be treated as 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 review these on a case-by-case basis and all decisions will be considered final at the discretion of CATAPULT.
CATAPULT reserves the right to deny membership to any organization or entity.

2. MEMBERSHIP BENEFITS

Membership in CATAPULT is annual (12-months) and based on join date.
Upon payment, membership is active for 12 months and dues are not refundable or prorated. Failure to pay will result in discontinuance of services and access to resources.
CATAPULT agrees to provide services to the COMPANY based on elected membership status (Standard or Premium) as services are defined on the join date.
Premium Members receiving a $2000 annual credit for eligible services must use the credit during the 12 months of the membership year (not calendar year); unused credits do not carry over to future years.
CATAPULT’S Employment Law Advice Plan is a member benefit only and terms are available by clicking on this link.
CATAPULT membership services, advice, information, programs, surveys, web-based materials, templates, and content are to be used only for your own workplace needs. They cannot be used to consult with or serve clients, vendors, or other outside parties without the express prior written consent of CATAPULT. Violation of this provision may result in a termination of membership without a refund.

3. MEMBERSHIP AUTOMATIC RENEWALS & PAYMENT TERMS

CATAPULT membership automatically renews for an additional 12-month period on your annual anniversary date at the then established rate.
You will receive an email reminder approximately 30 days before your renewal date and your payment will be automatically charged on your anniversary date. You have up to 30 days to notify us in writing of your intent to discontinue membership. Failure to remit payment will result in termination per Section 4.
CATAPULT will charge your annual membership fee, plus a nominal Voluntary Contribution fee for statewide advocacy, to your selected payment method at the then annual membership rate without further authorization from you. You may choose to opt out of the Voluntary Contribution by notifying us at: navigator@letscatapult.org at least 30 days in advance of your renewal date.
If your credit card is no longer valid for any reason, (discontinued, changed account, expired), or if the credit card processing company gives us notice that your credit card should not be used, your access to services will be suspended until payment is made and credit card information is updated.
You accept responsibility for all recurring charges, including, where applicable, any charges processed by CATAPULT after the expiration date of your payment card.

4. MEMBERSHIP INSTALLMENT PAYMENTS

CATAPULT may, at its sole discretion, offer a Membership Dues installment payment plan. Members that have been pre-approved for installments agree to the payment terms.
You are responsible for all payments for the full annual cycle of membership or until your membership is terminated.
You agree to provide a valid credit card or bank draft payment for recurring processing.
If your credit card is no longer valid for any reason, (discontinued, changed account, expired), or if the credit card processing company gives us notice that your credit card should not be used, your access to services will be suspended until payment is made and credit card information is updated.

5. MEMBERSHIP TERMINATION

If the COMPANY’S membership terminates prior to the end of the annual 12-month term, the COMPANY, or its successor, agrees to pay all outstanding invoices for that term and any costs or fees incurred by and payable to CATAPULT for services to the COMPANY or its successor upon cancellation.
CATAPULT will terminate this Agreement and your Membership if you fail to meet your payment obligations within 60 days of the due date. Termination will not limit any other rights or remedies that are available to us.
You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination (COMPANY anniversary date), your right to access and use the Services shall immediately cease.

SECTION 2: CATAPULT FOR-FEE AGREEMENTS (non-membership services)

1. SOLUTIONS AND SERVICE FEE-BASED ENGAGEMENTS

This section applies to Solutions and other Service Engagements that CATAPULT may provide for a fee, exclusive of Membership services.
A Proposal and subsequent signed Agreement will define the scope of services, timelines, deliverables, fees, and payment terms. Unless otherwise stated in the Agreement, terms of Section 2.2 will apply.
If the scope of work changes, a revision to the Agreement will be made before any work is performed by CATAPULT.

2. TERMS OF PAYMENT

You are responsible for the full amount of all payments as stipulated in the signed Agreement.
Access to services will be available upon receipt of payment unless otherwise approved.
CATAPULT may, at its discretion, offer a payment plan or other billing arrangement for services, upon request.

1. FIXED PRICED PROJECTS

1. 1. CATAPULT, at its sole discretion, may offer you a billing plan allowing for an initial payment up front (up to 50%) to initiate the project or service, with the remainder due upon delivery or completion of engagement (whichever comes first).
  2. Companies and clients approved for billing plans agree to the following payment terms:
  3. You are responsible for the full amount as stipulated in the Agreement.
  4. You agree to provide a valid credit card or bank draft for payment processing.

ii. ON-GOING OR LONG-TERM ENGAGEMENTS

1. 1. Clients with Agreements that require on-going consultation or long-term engagement of CATAPULT (including HR On Demand and Consulting) agree to the terms of the Proposal & Agreement as defined.
  2. You are responsible and agree to compensate CATAPULT for all services that have been delivered by CATAPULT employees and approved partners.
  3. You will be billed monthly, and a portal link will be provided for your payment.
  4. Payment is expected upon receipt for services (net 30).

3. TRAVEL & INCIDENTALS:

Mileage reimbursement will be charged at the current IRS rate.
A travel rate of $50.00/hour may be charged for the transportation time for the CATAPULT consultant/facilitator.
We may charge for additional travel expenses including meals, hotels, etc. deemed necessary by our team. These will be outlined in the Proposal & Agreement.
Other HR services requested beyond the original scope for Agreement will be billed at CATAPULT’s consulting rates based on the type and scope of the work.

4. CANCELLATION/TERMINATION

CATAPULT reserves the right to terminate any Agreement if you fail to meet your payment obligations within 60 days of the due date. This will not limit any other rights or remedies that may be available to us.
You may cancel or terminate an Agreement by providing us with written notice of your termination at least 10 days prior to services being rendered. Private group or customized learning require a minimum of 14 business days’ notice. Requests to change the date of the previously agreed upon session(s) may result in a rescheduling fee.
Termination is your sole right and exclusive remedy if you are not satisfied with the Services. You remain responsible for all costs of services provided by CATAPULT prior to the date the Agreement is terminated in writing, including any incurred expenses for development or materials.

5. WORK PRODUCT(S)

Except for customized learning course materials, any customized work product gathered or created during the duration of the engagement will be turned over to COMPANY at the conclusion of the assignment.

SECTION 3: GENERAL TERMS

1. INTERACTIVE SERVICES

As a part of and in connection with your use of CATAPULT services, you may have the opportunity to provide suggestions and feedback to CATAPULT through surveys, focus groups, peer learning groups or other means, as well as access to and use of roundtable discussion groups, chat rooms, bulletin boards and other interactive functionality (“Interactive Services”).
If you participate in or use any Interactive Services, you are responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) you upload, post, link to or otherwise transmit (collectively “transmit”) and the consequences thereof.
You consent to the uploading, posting, linking, transmission, display, retention and copying of such Content by CATAPULT and others who can obtain such Content through the Interactive Services; you grant a non-exclusive, perpetual, world-wide, irrevocable, paid-up, royalty-free license to CATAPULT to use, display, retain, copy, post and transmit Content; you represent that you have the right to grant the foregoing and otherwise transmit the Content to CATAPULT and that the Content does not violate any rights of any third parties; and you agree to indemnify and defend CATAPULT for any damages, claims and actions that violate any provision of these.
Although we do not actively monitor, regulate, or pre-screen your use of the Interactive Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any Content we, in our sole discretion, consider harmful, offensive, or unprofessional, disruptive, in violation of law, regulation or any Agreement.

2. WEBSITE (including Member Hub & Learning platform)

You acknowledge and agree that all CATAPULT website content is made available for informational and educational purposes only without representation or warranty of any kind AND is not a substitute for legal advice or your professional judgment.
For more information, please review CATAPULT’s Website Policy and Privacy Statement.

3. INTELLECTUAL PROPERTY

As part of the membership or other Service Engagements of your COMPANY, and only for the duration of your company’s then-current membership (or engagement period), and so long as you and your COMPANY have not violated any terms of this Agreement, your company may be provided access to copyrighted materials or related documents and use them solely for the internal purposes of your member company. You agree to abide by all copyright laws.
While you may make copies of such materials and documents solely pursuant to your company’s internal usage of such things, you may not make copies of, distribute, or otherwise allow others outside your company to use the materials and documents. The foregoing non-exclusive limited license to make internal use and copies of the materials and documents terminates upon expiration of membership or the engagement period and may be terminated by CATAPULT for any violation of this Agreement.
All materials and related documents provided for your use are provided ‘as is’ and without any warranties; and any and all implied warranties of title, condition, fitness for a particular purpose, merchantability and non-infringement are specifically and expressly disclaimed.
All rights held by CATAPULT in materials or related documents are retained by CATAPULT, subject to the foregoing non-exclusive limited license.
For the avoidance of doubt, you further agree to use the CATAPULT documents, resources, and materials solely to benefit your current employer and will not sell, distribute, or otherwise use these outside of your current employer (See also Section 2.6)
Individuals who are working with clients in a consultative capacity are prohibited from using any CATAPULT materials in the course of such work.

4. NON-SOLICITATION

Services of any Membership or For-Fee Agreement are provided through the people and resources under the direction of CATAPULT and solicitation of such people or resources are strictly prohibited.
The client covenants that (a) during the term of Membership or other For-Fee Agreement and for a period of one (1) year thereafter, the Client shall not, without the prior, written consent of Catapult, hire or attempt to hire as an employee, or engage or attempt to engage as an independent contractor, any person who then is, or who during the them immediately preceding six (6) months was, an employee, independent contractor, or consultant of the Catapult or of any Affiliate of Catapult and who worked directly with the Client during the term of the Agreement or during the terms of any preceding agreement with Catapult  Notwithstanding any provision herein to the contrary, the Client acknowledges and agrees that its breach of this Paragraph 4 shall result in irreparable harm to the Catapult or such Affiliate for which there is no remedy at law, and that, accordingly, in the event of a breach or threatened breach by the Client of this Paragraph 4, the Catapult and/or such Affiliate shall have the right to enforce the provisions of this Paragraph 4 through injunction and/or other equitable relief
If CATAPULT staff, consultants or facilitators are offered (& accept) a position directly with your organization within 1 year of work/project completion, client agrees to pay CATAPULT a one-time fee of $15,000.

5. WAIVER & LIABILITY

The waiver by CATAPULT or COMPANY of any breach of a provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by the parties.
The following disclaimers in this section do not apply to CATAPULT’s Employment Law Advice Plan and the plan’s attorneys (see also: Section 1.2.e).
CATAPULT advice is educational and informational in nature, and not intended as minimum standards, or legal or other professional advice.
In no event shall CATAPULT, its affiliates, partners, or any of their respective directors, officers, employees or agents be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from directly or indirectly related to the member’s use of the products and/or services provided by CATAPULT, including, without limitation, loss of revenue, attorneys fees, the cost of substitute services, or other damages, even if CATAPULT or its representatives have been advised of the possibility of such damages.
In no event shall the total liability of either party for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence or otherwise, but excluding gross negligence or willful acts of CATAPULT) arising from member’s use of CATAPULT products or services exceed, in the aggregate, the equivalent of one year of membership fees.

6. AGREEMENT & WARRANTIES

This Agreement supersedes all other understandings and Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof and constitutes the sole and only Agreement between the parties with respect to said subject matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or Agreements, oral or otherwise, have been made by any party or by anyone acting on behalf of any party, which are not embodied herein, and that no Agreement, statement, or promise not contained in this Agreement shall be valid or binding or of any force or effect. No change or modification of this Agreement shall be valid or binding upon the parties hereto unless such change or modification is in writing and is signed by the parties hereto.
If any one or more of the provisions contained in this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect for any reason, that invalidity, illegality, or unenforceability shall not affect any other provisions here of, and this Agreement shall be construed as if that invalid, illegal, or unenforceable provision had never been contained herein.
The terms, promises, covenants, and Agreements contained in this Agreement shall apply to, be binding upon, and insure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that this Agreement may not be assigned by the CATAPULT or COMPANY without the prior written consent of the other party.
This Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina without regard to principles of conflict of laws. Any controversy or dispute arising out of or relating to this Agreement shall be settled exclusively in the courts (federal and state) situated in the North Carolina, Mecklenburg, or Wake County. The COMPANY consents to personal jurisdiction in the State of North Carolina and in the courts thereof for the enforcement of this Agreement and waives any rights he may have under the law of any jurisdiction to object on any basis (including, without limitation, inconvenience of forum) to jurisdiction or venue within the State of North Carolina for purposes of litigation to enforce this Agreement.
Any provisions in this Agreement that are invalid under North Carolina law are deemed stricken from the Agreement without affecting the validity of the remainder of the Agreement.