Terms & Conditions
INDEPENDENT ANIMAL HOSPITAL ASSOCIATION
Recitals. Independent Animal Hospital Association, Inc. (“IAHA”) is a membership-based program established to provide veterinary goods and services to it’s Members, who operate independent animal hospitals. The applicant desires to become a Member of IAHA.
Agreement. By applying to and/or enrolling, you (the “Member”) agree to the terms, conditions, and obligations of the Agreement (the “Agreement”).
Membership. There is no annual membership fee (“Fee”) for Members. IAHA reserves the right to modify the membership Fee annually.
IAHA Benefits. IAHA negotiates with vendors, manufacturers, and suppliers (“Providers”) of pharmaceuticals, diagnostics, foods, supplies and services to secure benefits (“Benefits”) for it’s Members. These benefits are listed on IAHA’s website, IAHAvet.com/member-login/. Benefits are added and updated as they become available. IAHA will make reasonable efforts to timely notify Member of changes in Providers as well as changes to Benefits. IAHA shall not be liable for any claims arising out of or relating to any goods or services as part of the Benefits provided by third parties, or otherwise based on inaccurate information or incomplete information furnished by you or otherwise. No offer, discount, or rebate is guaranteed. You also acknowledge that the goods and services are not provided by IAHA.
Conditions. The Member is a licensed veterinary practice. It is independently owned and operated. Member is not required to withdraw from any other GPO or Provider program. IAHA Benefits may surpass those of other GPOs, but this is not guaranteed. Providers only allow Members to be aligned with one GPO when purchasing from them directly or indirectly through distribution. Should the Member already be coded with another GPO for the Provider, they would need to be re-coded under IAHA to receive their Member benefits. Member authorizes IAHA to share its identifying information with Providers to set up and use the Benefits provided. Member authorizes IAHA and its Provider partners to share sales information related to Members purchase activity within IAHA. Member authorizes IAHA to share contact information, purchasing history, and membership information. Additionally, Member grants permission to IAHA and its Providers to market their goods and services to their practice and you consent to email, texts, mobile push notification, phone calls, mail, and messages or notices on IAHA website.
Representations and Warrants. Each party represents and warrants that it has the full right to enter into this Agreement, and that, to the best of its knowledge, there are not obstacles that could prevent it from carrying out all of its obligations hereunder and they will comply with all applicable laws and regulations.
Term. The Agreement begins on the Effective Date (the “Initial Term”) and continues until the end of the calendar year. After the expiration of the Initial Term, this Agreement will be automatically renewed for additional periods of twelve months unless the Member gives IAHA notice of intent to terminate. Hospital or IAHA may terminate this Agreement at any time, but any unpaid rebates, distributions, or discounts will be forfeited.
Notice. All notice requirements must be in writing and sent by electronic mail, subject to confirmation receipt requested to IAHA’s “Contact Us” email address. This can be found at www.iahavet.com. The hospitals primary email address provided during online registration will be used for any notice issued by IAHA.
Member Acknowledgements. Member acknowledges that it has been notified that some or all of the Providers will pay IAHA fees or rebates related to Member’s purchases from such Providers. Member shall have no claim to those fees or rebates.
Confidentiality. Members will gain access to information that is deemed “Confidential Information”. This includes, but is not limited to; reports, pricing structures for goods and services, rebates, financial data, member information, passwords, proposals, agreements, vendor information, software, and procedures. During the term of the membership and for a period of three (3) years thereafter, Member agrees to require individuals (employee’s, representatives, agents) who have access to Confidential Information to keep confidential and not disclose to any third parties’ information designated as confidential either oral or written without the written permission by IAHA. If a Member breaches the obligation regarding Confidential Information, the Member’s membership may be terminated and any unpaid rebates, distributions, or discounts will be forfeited.
Independent Parties. The parties in this Agreement are independent entities and nothing is intended to create a partnership, agency, joint venture, or fiduciary responsibility between the parties. Neither has the authority to act on or behalf of another except as provided in this Agreement.
Indemnity from Liability. The Member agrees to indemnify, defend, and hold harmless IAHA, its affiliates, and any Third-Party Vendors from any damages, claims, injuries, actions or judgements arising out of the sale or use of goods and services purchased or used by the Member from IAHA or Third-Party Vendors, violation of this Agreement, negligence or willful misconduct, or violation of any rights of any Third-Party Vendors.
Governing Law. The Agreement shall be governed and construed under the laws of the state of California. Any dispute or claim between you and IAHA that arise out of or relating to this Agreement, or breach thereof, including disputes relating to the interpretation, construction, or validity and enforcement of this Agreement shall take place in the state or district court of San Bernardino County, California.
Attorney’s Fees and Costs. In the event legal action, including arbitration, mediation, or litigation is undertaken to enforce any of the terms and conditions of this Agreement, the prevailing party shall be entitled to recover from the other, all fees and costs incurred, including reasonable attorney’s fees.
Amendments and Modifications. IAHA reserves the right to modify, change, rescind, or update this Agreement at any time upon notice to you. This includes without limitation digital email communication, or by posting notice on IAHA’s website. Any such change, update, or modification shall be effective upon the giving of such notice. Your continued participation in the Program and/or acceptance of discounts and rebates constitutes acceptance to the updated Agreement.
Entire Agreement. This Agreement represents the entire understanding between the parties and supersedes all prior communications and understandings. There have been no oral representations and any amendments must be in writing and executed by both parties. If any terms or conditions are found unenforceable or invalid by a court authority, the remaining terms and conditions are valid.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
“By clicking “submit” you acknowledge and accept that IAHA reserves the right to approve or deny acceptance to the association based on specific criteria. By become a member of IAHA, you will gain access to special pricing, promotions, rebates, and discounts and agree to keep all information confidential. Additionally, by joining IAHA you agree to work with the preferred vendors in good faith. IAHA reserves the right to rescind membership for any violation of its terms and conditions.
