Is there a chance that you wont get herpes if your partner has them if yall have unprotected sex?

It is highly: Communicable. You can get this even when your partner does not have any visible lesions. If you have a partner with this always wear a condom to reduce risk of transmission.

Yes: The chance of getting herpes is 4-10% a year. The odds don't matter if you get it! Use protection or don't be surprised when you get it, or get pregnant, or get some other icky diseases. Here is a page explaining this: http://www.healthassist.net/conditions/herpes.shtml

There's a chance: But it's really really small. Unprotected sex with a partner who has any STD is very very high risk behavior.

92%: The chance of getting herpes from him is 8% of the time, each time. The more often you do this, the more likely you will get it.If you have sex when he has a sore, your risk is greater. If you use a condom your risk is much less. He can take a daily pill which reduces the chance of transmitting the virus. The only 100% sure protection is to avoid intimate contact.

Chance of getting: will increase if he has open lesions or active blisters and if he is not on treatment.