Focus Group Terms and Conditions

These Terms and Conditions for Focus Groups (these “Terms”) apply if you have accepted an invitation from Oncology Nursing Society (“ONS” or “we” or “us”) to participate in a focus group that we organized. As a condition of allowing you to participate in the focus group, you hereby agree and intend to be legally bound to these Terms.

Participation. You may withdraw from the focus group at any time. We may also end your participation at any time. You agree to comply with all applicable laws and regulations, as well as any applicable policies or instructions we provide. You also may be asked to complete certain pre- or post-focus group activities, including surveys, questionnaires, and conflict-of-interest disclosures. You may be required to provide a W-9 for tax purposes.
Honorarium. Upon successful completion of the focus group and all applicable requirements, you may – but are not guaranteed to – receive an honorarium as a one-time payment for participating in the focus group. You are responsible for all applicable taxes other than our income tax. We will not reimburse you for any costs or expenses you incur in participating in the focus group. No other compensation will be provided.
Affirmations. You affirm that: (a) you are at least 18 years of age and have the full capacity and right to contract in your name with respect to all matters stated herein; (b) participating in this focus group does not conflict with obligations you may have with your employer or any third party; (c) you have obtained all necessary approvals from your employer to participate in this focus group; and (d) you will not accept or receive any compensation that would violate your employer’s policies or applicable law.
Compliance. You affirm that you have not: (a) been debarred under the provisions of the Generic Drug Enforcement Act of 1992, 21 U.S.C. 335a(a) and (b); and (b) excluded from any federal health care program, including but not limited to Medicare or Medicaid. You will immediately notify ONS of an actual or potential violation of this provision.
Confidentiality; Ideas. You will treat focus group information and materials as strictly confidential. Upon our request, you will return or destroy any confidential materials from the focus group. You will not use, discuss, or disclose confidential information or materials once your participation ends. All ideas, comments, and suggestions discussed in the focus group become our property and you hereby assign all rights you may have therein to us.
Recordings; Use of Information. The focus group may be transcribed and/or recorded by audio or video for review, discussion, or reporting by us or the focus group sponsor. We may collect and process any personal information that you provide to us, use such personal information for any legitimate purpose, and disclose such personal information to our sponsors and service providers in connection with the focus group. Unless you notify us otherwise, we may include your name in publications/reports about the focus group.
Responsibility. To the extent we provide you with materials for the focus group, you may use those materials solely in connection with the focus group. To the extent we provide you with access to any of our systems or technology, you may use those only for the focus group, only to the extent needed for the focus group, and in accordance with any policies or instructions we provide. To the extent you are granted physical access to our facilities, you may access those facilities solely in connection with the focus group and in accordance with any policies or instructions we provide. As between you and us, you will be solely liable for your acts or omissions while at any of our facilities.
Waiver and Release; Indemnification. You, for yourself and on behalf of your spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns (“Related Persons”), hereby release, waive and covenant not to sue, and further agree to defend, indemnify, and hold harmless ONS (as well as Oncology Nursing Certification Corporation, Oncology Nursing Foundation, ONS Building, LLC, and ONS Building Partnership, LP, and its and their directors, officers, employees, agents, representatives, focus group sponsors and service providers, and the successors and assigns of the forgoing) (“Focus Group Parties”) with respect to any liability, claim, demand, cause of action, damage, loss or expense (including court costs and reasonable legal fees) of any kind or nature (“Liability”) arising out of, resulting from, or relating in any way to your participation in the focus group, including claims caused in whole or in part by the negligent acts or omissions of a Focus Group Party. You further agree that if, despite this Waiver, you, or any Related Person, makes a claim against any of the Focus Group Parties, you will indemnify, defend, and hold harmless each of the Focus Group Parties from any such Liabilities which may be incurred as the result. You acknowledge the provisions of California Civil Code Section 1542, which provides: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
General. You participate in the focus group as an independent contractor and not as an agent, employee, or joint venturer. Excluding conflict of law principles, Pennsylvania law governs all matters arising out of or relating to these Terms and your participation in the focus group. Any claim or cause of action may be brought in the federal or state courts located in Pittsburgh, Pennsylvania, and you hereby consent to the exclusive jurisdiction and venue of such courts. If any provision of these Terms is held to be unenforceable, that provision will be severable and will not affect the enforceability of any remaining provisions. These Terms are the complete understanding regarding the subject matter hereof and no oral representations, statements or inducements have been made apart from these Terms.

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Last Update: September 5, 2023