- 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, September
23, 3:00pm-7:00pm. Installation must be completed
before the hall opens on Thursday, September 24.
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 -preapproved
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 and 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.
7
RULES AND REGULATIONS
Security Warning and Assumption of Risk
The 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 applicable 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 the 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.