AAFPRS Foundation Exhibit Application Contract
These Terms, Conditions, Rules, and Regulations (collectively, Terms) are incorporated into the Exhibit Application as if restated in full and are a binding contract between the Exhibitor/Exhibiting Company (Company) and the Educational and Research Foundation for the American Academy of Facial Plastic and Reconstructive Surgery (AAFPRS Foundation). Any details not specified in these Terms are subject to decision by the AAFPRS Foundation.
By completing, signing, and submitting this Exhibit Application contract, the Company agrees to these Terms for itself and any of its exhibitor staff or other corporate representatives (Exhibitor Attendees). Company expressly acknowledges that this contract, once required payments are made, only entitles Company to an assigned exhibit space through a revocable license and its Exhibitor Attendees to a revocable license to be present at the conference and that the AAFPRS Foundation may, in its sole discretion, revoke such space and/or attendance licenses, without recourse, for any failure by Company or any of its Exhibitor Attendees to comply with these Terms.
Admission to Hall
Properly badged Exhibitor Attendees will be admitted to the exhibit hall one hour before show opening each day, and may remain up to one half-hour after show closing each evening. No badges will be issued without identification of Company affiliation.
Amendments
The AAFPRS Foundation reserves the right to make changes, amendments and additions to this prospectus and these rules as considered advisable for the proper conduct of the exhibit with the provision that all exhibitors be advised of any such changes.
Americans with Disabilities Act
Company will be responsible for compliance with the Americans with Disabilities Act within their booth and assigned exhibit space.
Arbitration
Any unresolved controversy or claim arising out of or relating to these Terms or breach thereof, including without limitation any dispute concerning the scope of this clause, will be settled by arbitration in Alexandria, VA in accordance with the commercial rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any award shall be limited to actual damages; punitive damages shall not be awarded. The prevailing party shall be entitled to recover its expenses of arbitration, including but not limited to reasonable attorney's fees and any other justifiable costs.
Booth Assignment
Exhibit booths are assigned at the sole discretion of AAFPRS Foundation and are subject to change at any time, but usually are assigned on a first-come, first-served basis after receipt of full payment and completed online.
Booth Carpet
If carpeting is not already provided in the Exhibit Hall area, it is the responsibility of the exhibitor occupying that space to provide carpeting.
Booth Dismantle
Dismantling of booths prior to the official closing of the Exhibit Hall is strictly prohibited. Company agrees to pay a fine (up to 50% of your exhibit fees) for tearing down early without prior approval from the AAFPRS Foundation.
Cancellation of Exhibit Space
Cancellations must be made in writing and submitted to the Director of Industry Relations and Communications. If the Company cancels on or before Friday, August 23, 2024 the Company will receive 50% of the total cost of booth space back and 50% will be retained by the AAFPRS Foundation. If the Company cancels after Friday, August 23, 2024, the AAFPRS Foundation will retain 100% of the total contract obligation. No refunds will be granted after Friday, August 23, 2024. Additionally, any space not claimed and occupied on-site, or for which special arrangements have not been made by 8:00am on Thursday, October 24, 2024, will be reassigned or forfeited, at the sole discretion of AAFPRS Foundation.
Changes
Since printing of the Onsite Guide will occur the last week of September 2024, no changes to company descriptions can be made after September 29 2024. In addition, any changes made on-site or after Wednesday October 23, 2023 to exhibitor information—such as exhibitor representatives and badges—will result in a $100 fee per change. Payment is required at time change is made.
Contract for Space
Full payment must be submitted with the application before the AAFPRS Foundation will consider allocating space in the exhibit hall. Applications without full payment will not be processed or accepted. The AAFPRS Foundation will assign space through a revocable license only after the signed application and the full payment for rental charges are received, and the revocable license will relate only to the space allotted, which is subject to change and reassignment. A completed application for space with full payment and all requested information must be received by the AAFPRS Foundation via online registration.
Applications are considered complete when submitted with the following:
· Signed Exhibit Rules and Regulations Terms
· Company description (50-word limit), inclusive of confirming engagement in the facial plastic and reconstructive surgery industry
· Names of representatives for badges (up to 3 COMPs per booth); additional names for badges are $175 each
· Full payment
· Completed and signed Standards of Disclosure for Commercial Support Form
Corporate Representatives/Non-exhibitors
Companies engaged in the industry of the facial plastic and reconstructive surgery that are unable to exhibit, but who would like to send a representative, may pre-register no more than two individuals by contacting the AAFPRS Foundation at (703) 650-9232 or by e-mail to rcmagness@aafprs.org. The fee for each individual is $795 for the entire meeting. If AAFPRS Foundation accepts the registration, the fee entitles representatives to a revocable licensee to attend activities in the exhibit hall and general session. Representative badges may be picked up at the Registration Desk. Individuals and companies not demonstrably engaged in the industry of facial plastic and reconstructive surgery are not entitled to register or attend the conference, and if they do, AAFPRS Foundation may, in its sole discretion, revoke their license to attend the conference without recourse.
Exhibitor Policy
The AAFPRS Foundation intends for its exhibits to further the AAFPRS Foundation's mission. Accordingly, the AAFPRS Foundation welcomes exhibiting companies (and their exhibitor representatives) who provide conference attendees the opportunity to advance their knowledge of science, to further their education, or to involve themselves in charitable activities. The AAFPRS Foundation accepts exhibiting companies that it determines in its sole discretion, advance those goals and do not impair the mission of the AAFPRS Foundation or the AAFPRS Academy. Furthermore, members of the general public, who are not engaged in the industry of facial plastic and reconstructive surgery are not allowed to attend the conference, as the conference is neither open to the public nor conducted for entertainment.
The AAFPRS Foundation may, in its sole discretion, determine which exhibiting companies to accept. The AAFPRS Foundation is under no obligation to accept any exhibiting company or individual. Without limiting the generality of the AAFPRS Foundation's discretion to accept or refuse exhibiting companies or any individuals, among those companies and individuals who should not attempt to register or attend include, without limitation:
1. Those who do not follow these Terms.
2. Those who do not advance scientific, educational or charitable goals aligned with the AAFPRS Foundation’s mission.
3. Those who are not active in the facial plastic and reconstructive surgery industry.
4. Those who do not maintain appropriate standards of decorum.
5. Those promoting medical or surgical products or services that have not been authorized by the Food & Drug Administration (FDA) in ways not sanctioned by the Rules and Regulations for exhibiting companies and their representatives.
6. Those selling products or services that, if acquired or used by attendees, would violate the AAFPRS Academy's advertising guidelines.
Exhibitor On-site Registration Schedule
Exhibitor Attendees will be able to check in and pick up their badges starting on Wednesday, Oct. 23 at 3:00pm and during daily registration hours.
Exhibit/Booth Activities and Demonstrations
Activities must be confined to the limits of the exhibit booth. Disorderly and/or disrespectful conduct, in any form, is prohibited. No demonstrations are to be conducted at any other time or location. Space requested must be large enough to accommodate any activity conducted in conjunction with the actual product or activity. Company and its staff are responsible for monitoring and controlling attendance to prevent aisle congestion. In situations where overflow continues to be a problem, presentations may, in the sole discretion of AAFPRS Foundation, be limited or eliminated. Company is required to maintain the cleanliness of the booth. Aisles must not be obstructed at any time. Exhibitors may not conduct activity of any kind that leads to congestion of aisle traffic. Exhibits that include the use of musical instruments, sound projection equipment, or any other type of sound or noise-making apparatus must receive advance approval from the AAFPRS Foundation and must not disturb adjacent exhibitors and their patrons. Music may not be played in any form without the proper license of copyrighted music and any such copyrighted music legal requirements are the sole responsibility of the Company.
Exhibits On-site
Exhibits may be inspected during set-up and the Service Provider, at the direction of the AAFPRS Foundation, may without warning provide draping to cover any unsightly areas (as determined at the AAFPRS Foundation’s sole discretion), at Company’s sole expense, which Company shall reimburse to the AAFPRS Foundation immediately on demand. Exhibits must be arranged so as not to obstruct the view or otherwise interfere with the display of other exhibitors. Company is not permitted to dismantle or alter any portion of allotted licensed space. This includes the dismantling or alteration of pipe and draping.
Identification badges may be picked up at the registration desk starting on Wednesday at 3:00pm. Company, which must be demonstrably in the facial plastic and reconstructive surgery industry, may register up to three representatives for every single booth for which a revokable license is purchased. (If applicable, tabletop exhibits may allow registration of up to two representatives.) Additional badges, at AAFPRS Foundation’s discretion, may be made available for $175.00 each. Regardless of how many badges are purchased, a maximum of three company representatives per single booth are permitted in the Exhibit Hall during exhibit hours at one time. Badge exchange between Company’s Exhibitor Attendees and/or any other representatives is strictly prohibited. The AAFPRS Foundation requires that all Exhibitor Attendees be registered for the meeting.
Although Food and Beverage (F&B) signs are usually laid out on the floor plan in advance of the meeting, it is at the sole discretion of the AAFPRS Foundation to move F&B stations around during the course of the meeting to better the flow of traffic in the Exhibit Hall. Company acknowledges that F&B stations, traffic patterns, amenities, and/or booth locations may change at AAFPRS Foundation’s sole discretion.
Failure to Occupy Space
Any Company failing to occupy its exhibit space is not relieved of the obligation to pay full price for the revokable booth space license. The AAFPRS Foundation will have the right to use exhibit space as it sees fit, including by revoking the booth space license or reassigning the allotted space, if the allotted space is not occupied one hour before the scheduled opening of the Exhibit Hall.
Food and Drug Administration (FDA) Applicable Regulations
All medical devices or pharmaceuticals exhibited must have fulfilled all applicable FDA regulations.
Food and Drug Administration (FDA) Non-Approved Drugs and Devices
Company is reminded that the FDA generally prohibits the advertising or other promotion of investigational or unapproved drugs and devices. The FDA also forbids the promotion of approved drugs or devices for unapproved uses. Unapproved Class III devices may be displayed only if they are the subject of an effective investigational device exemption (IDE). Class I or II devices that have not been approved by the FDA may be displayed only if they are the subject of a pending 510(k) pre-market notification application. Any investigational product (including any product subject to a pending 510(k)) that is displayed or graphically depicted within the exhibit must:
· contain only objective statements about the product;
· contain no claims of safety, effectiveness or reliability;
· contain no comparative claims to other marketed products;
· display the statement "Caution: Investigational Devices—Limited to Investigational Use" in prominent size and placement; and
· not be sold or be the subject of order taking or lead retrieval until approved.
Signage that is easily visible should be placed near the devices themselves and on any graphic depicting the device stating: "This device is not cleared by the FDA for distribution in the United States." or "This device is limited by Federal Law for investigational use only."
Gifts and Promotional Items
Company is permitted to give gifts and promotional items, but the item MUST be approved by the AAFPRS Foundation. Individual gifts in the general range of $100 are acceptable. No gifts more than $100 are allowed. Company must follow the AMA Guidelines on "Gifts to Physicians from Industry." Any gift accepted by physicians individually should primarily entail a benefit to patients. Accordingly, textbooks, modest meals, and other gifts are appropriate if they serve a genuine educational function. Cash payments may not be offered as gifts. Shopping bags are permitted.
Installation Schedule
Company may begin set up on Wednesday, Oct. 23, 3:00pm-7:00pm. Installation must be completed before the hall opens on Thursday Oct. 24, 9:00am.
Insurance
Insurance on all exhibits is the responsibility of the Company. The AAFPRS Foundation will not assume any responsibility for property loss or damage to personal property and Company and its Exhibitor Attendees hereby acknowledge and accept all risk of loss associated with any property they bring to the conference. Company and its Exhibitor Attendees are warned and encouraged to carry insurance to cover their property against damage and loss and public liability insurance for claims of injury to the person and property of others.
Labor Information
Union Labor may be required for your exhibit installation and dismantle. Please carefully read the UNION RULES AND REGULATIONS form included in the full exhibitor kit to determine your needs. Company and its Exhibitor Attendees supervising labor will need to pick up and release their labor at the Service Desk. Refer to the order form under Display Labor for Straight Time and Overtime hours.
No Smoking
AAFPRS Foundation's policy restricts the use of tobacco products in all areas of the exhibit hall (including set-up and dismantle of exhibits). Thank you for not smoking.
Non-Contracted Exhibit Space
Any person, firm or organization not having contracted with the AAFPRS Foundation for the occupancy of space in the exhibit hall will not be permitted to display or demonstrate any products, processes, or services, solicit orders, or distribute advertising materials in the exhibit hall or the convention center/meeting space or in any hotel used by the AAFPRS Foundation to house registrants. Any noncompliance with this regulation will result in the prompt removal of the offending person and/or property from the area. Any person canvassing in any part of the Exhibit Hall or anywhere in the convention center/meeting space or in the hosting hotel (including in a hotel room) may have their license to attend the Exhibit Hall or the conference revoked by AAFPRS Foundation without recourse.
Operation and Conduct in Exhibits
Company and its Exhibitor Attendees may not enter the exhibit space of another exhibitor without permission from the latter. At no time may anyone enter an exhibit space that is not staffed. Company and its Exhibitor Attendees may not leave merchandise or printed matter outside of their booth space including areas such as: common seating in the Exhibit Hall, registration counters, lounges, meeting rooms, or other facilities of meeting/exhibit site. In addition, Company and its Exhibitor Attendees may not solicit sales outside of their booth space nor should they disrupt other exhibitors’ communications with conference attendees. Company and all of its Exhibitor Attendees are expected to act in a professional, non-threating, and non-destructive manner, which conduct shall be evaluated at the sole discretion of AAFPRS Foundation. The AAFPRS Foundation reserves the right, in its sole discretion, to restrict exhibits which, because of sound, method of operation, materials, content, behavior, or any reason, become objectionable. This includes the right to prohibit or evict any exhibit that, in the sole opinion of the AAFPRS Foundation, may detract from the general character or safety of the exhibits as a whole. This includes persons, things, conduct, printed matter, food and beverages, or anything of a character which the AAFPRS Foundation determines objectionable to the exhibit. As a condition for exhibiting, Company and its Exhibitor Attendees agree to observe all policies stated in this document. Violations may result in the revocation of the license to exhibit and/or attend the conference and ineligibility to exhibit at and/or attend future AAFPRS Foundation meetings.
The AAFPRS Foundation reserves the right to control all exhibitor activities that take place in the host city, inside or outside of an exhibitor's allotted exhibit space during the meeting dates. Company may not schedule hospitality suites and/or educational, entertainment or social functions that, in the sole opinion of AAFPRS Foundation, conflict with AAFPRS Foundation mission, programs or other activity times, or that harm the reputation of AAFPRS Foundation. All exhibit functions must be -pre-approved by AAFPRS Foundation in writing.
Photographs
Company and its Exhibitor Attendees may not photograph or videotape the exhibits, the general sessions, meeting rooms or other attendees without explicit approval of the AAFPRS Foundation.
Release, Waiver, Assumption of Risk, and Limitation of Liability
To the fullest extent allowed by law, Company and its Exhibitor Attendees waive and release the AAFPRS Foundation and the hosting hotel and their respective boards, officers, employees, agents, representatives, subcontractors, and volunteers (“AAFPRS Foundation Releasees”) of all claims arising from attending the conference, including claims for personal injury and damages to property, including claims involving negligence, but excluding claims for intentional torts and gross negligence. Company and its Exhibitor Attendees acknowledge the risks of personal injury and loss of property associated with attending a conference in a hotel and/or convention center.
To the fullest extent allowed by law, Company and its Exhibitor Attendees agree that the maximum liability of any AAFPRS Foundation Releasee, in the aggregate for all claims Company and its Exhibitor Attendees may have against the AAFPRS Foundation Releasee concerning the conference shall be capped at, and not exceed, the booth and registration fees actually paid and received by AAFPRS Foundation.
COMPANY AND ITS EXHIBITOR ATTENDEES AGREE THAT FOR ANY CLAIM RELATED TO THESE TERMS OR THE CONFERENCE, IN NO EVENT SHALL COMPANY OR ITS EXHIBITOR ATTENDEES SEEK OR BE ENTITLED TO RECOVER FROM ANY AAFPRS FOUNDATION RELEASEE ANY CONSEQUENTIAL, INCIDENTIAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OPPORTUNITIES, EVEN IF FORESEEABLE.
To the fullest extent allowed by law, Company and its Exhibitor Attendees agree to indemnify and hold harmless AAFPRS Foundation for any damages or claims, including claims asserted by third parties, arising from any breach of these Terms, or conduct related to the conference, by Company or its Exhibitor Attendees.
Remedies for Breach of these Terms
In the event of a breach of these Terms or other disagreement, Company and its Exhibitor Attendees shall not dispute or challenge with its credit card company any credit card charges by AAFPRS Foundation authorized by Company and/or its Exhibitor Attendees when registering for the conference. AAFPRS Foundation may without warning revoke Company’s and/or its Exhibitor Attendees’ license to booth space and/or attend the conference for any breach of these Terms, which shall be decided in AAFPRS Foundation’s sole discretion. AAFPRS Foundation may pursue all other available remedies against Company and its Exhibitor Attendees for breach of these Terms or conduct related to the conference, including any remedies allowed by these Terms, at law, or in equity. To the fullest extent allowed by law, AAFPRS Foundation may recover its attorney fees and costs and expenses of litigation arising from any legal action against Company and its Exhibitor Attendees concerning these Terms or the conference.
Sales and Order Taking
Company and its Exhibitor Attendees are free to solicit sales and take orders in the confines of their booth, but must at all times maintain professional behavior. The AAFPRS Foundation reserves the right to limit or revoke Company and/or its Exhibitor Attendees license for booth space and/or to attend the conference or to restrict sales activities if such activities are causing a disturbance on the show floor, in the sole discretion of AAFPRS Foundation. Company and its Exhibitor Attendees who sell merchandise from the show floor, or who take orders on either a wholesale or retail basis, must meet, city, Department of Revenue requirements for the city/state in which the show takes place.
Security Warning and Assumption of Risk
Company and its Exhibitor Attendees take and leave personal property into the conference at their own risk. Company and its Exhibitor Attendees are warned to have a representative in attendance during set-up hours. The possibility of theft or "mysterious disappearance" of equipment will be reduced if Company and its Exhibitor Attendees take this precaution. Company and its Exhibitor Attendees are advised to follow this procedure and exercise caution when dismantling exhibits. Be sure a representative is present until boxing and crating of exhibit materials has been completed. The AAFPRS Foundation plans to provide a professional security guard service beginning the first day of move-in and continuing until the exhibit hall is vacated, but makes no representation or promise that any such security guard will be present or effective. The AAFPRS Foundation and the hotel and/or convention center are not responsible for any loss or damage to exhibitor property. Company and its Exhibitor Attendees are warned and agree to take steps to protect against the damage or loss of their property. AAFPRS Foundation makes no representation or warranty with respect to the safety or security of the exhibit hall, and Company and its Exhibitor Attendees enter and leave their property there at their own risk.
Severability and Non-Waiver
Any provision in this Exhibit Application contract that is held to be illegal or unenforceable in any jurisdiction shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions and any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. Either party’s failure to enforce any term or condition of this Exhibit Application contract does not waive that party’s right to enforce that or any other term or condition at any time.
Strict Compliance with Laws, Rules, Regulations, and Instructions
Company and its Exhibitor Attendees shall at all times strictly obey all appliable laws, rules, and regulations, including any rules imposed by the hotel and/or convention center hosting the conference. Company and its Exhibitor Attendees also shall adhere strictly to all instructions provided by AAFPRS Foundation or the hotel and/or convention center hosting the conference. Company and its Exhibitor Attendees agrees that time is of the essence with respect to Company’s and its Exhibitor Attendees’ obligations arising under these Terms.
Termination
If the AAFPRS Foundation cancels the conference and exhibition for reasons such as strike, picketing, boycott, embargo, injunction, war, riot, acts of terrorism, threats of terrorism, emergency declared by a governmental agency, domestic or international travel restrictions, or any other reason beyond the reasonable control of AAFPRS Foundation, or because AAFPRS Foundation decides in its sole discretion that the conference is no longer commercially viable, the Company and its Exhibitor Attendees expressly waive such liability and release the AAFPRS Foundation of and from all claims for damages and agree the AAFPRS Foundation shall have no obligation other than to refund Company and its Exhibitor Attendees pro-rated shares of the aggregate amounts received by the AAFPRS Foundation for booth space fees and registration fees, after deducting all costs and expenses in connection with such exhibits, including reasonable reserves for claims, such deduction being hereby specifically agreed to by the Company. Company and its Exhibitor Attendees expressly acknowledge and accept the risks associated with cancellation of the conference.