Exhibit Rules and Regulations

The meeting is intended for those companies that are related to the profession. Companies involved in providing education, supplies, and services to the medical profession, pharmaceuticals, instrumentation, practice management, publications, computer software, and so on. The ACS and the TQIP committee reserve the right to determine the eligibility of any applicant as an exhibitor according to its Principles of Governing Corporate Support. With a limited number of exhibitors permitted, the committee reserves the right to deny exhibitors after the limit is reached.

All products must be directly related to the practice of surgery or medicine and approved by the ACS and the TQIP committee in their sole and absolute discretion. Exhibitors shall not exhibit products or services other than those described in the application and approved by the ACS. A product that is an “investigational device or drug” must be clearly marked as such. Exhibitors must ensure that with respect to all such devices or drugs, only permissible preapproved dissemination of scientific and educational information is provided at the exhibit and that appropriate disclosure and cautionary notices are included with the devices or drugs. An exhibitor shall not in any manner directly or indirectly imply that the ACS and the TQIP committee endorsement or approval of

the exhibitor’s product or service has been given merely because the ACS approved such product or service for display as an exhibit. Applications deemed ineligible will be returned with full payment.

Written notification of a space cancellation must be received by the ACS on or before August 16, 2024, to be eligible for a refund. A $500 service charge will be assessed for each cancelled space. No refunds will be given after August 16, 2024.

Any space not occupied by 3:30 pm on Tuesday, November 12, 2024, will be forfeited by the exhibitor.

In no event shall the exhibit facility, the ACS, TQIP, and their owners, managers, officers or directors, agents, employees, independent contractors, subsidiaries, and affiliates (collectively “the ACS parties”) be liable to the Exhibitor or any third party hired by or otherwise engaged by the Exhibitor for any lost profits or any other indirect, special, punitive, exemplary, incidental, or consequential damages, including attorneys’ fees and costs, arising out of this application and agreement or connected in any way with the use of or inability to use the services outlined in this application and agreement or for any claim by the Exhibitor, even if any of the ACS parties have been advised, are on notice, and/or should have been aware of the possibility of such damages. The exhibitor agrees that the ACS parties’ sole and maximum liability to the exhibitor, regardless of the circumstances, shall be the refund of the exhibit booth fee. The exhibitor agrees to indemnify and defend the ACS parties from any claims brought by a third party hired by or engaged by the Exhibitor for any amount beyond the exhibit booth fee. Further, the Exhibitor agrees to pay all attorneys’ fees and costs incurred by the ACS parties arising from or in any way related to this application and exhibit. The Exhibitor shall be solely responsible for its attorney’s fees and costs.

Indemnification

Exhibitors shall be fully responsible for any claims, liabilities, losses, damages, or expenses of whatever kind and nature relating to or arising from an injury to any person or any loss of or damage to property, where such injury, loss, or damage is incident to, arises out of or is in any way connected with the Exhibitors’ participation in the Exhibition. Exhibitors agree to indemnify, defend, save, and hold harmless the ACS and its officers, directors, agents, members, and employees, and each of them, from and against any and all claims, liabilities, losses, damages, costs, and expenses (including attorneys’ fees and expenses) with respect to any breach of the foregoing representations and warranties or negligence, gross negligence or willful misconduct of Exhibitor, its employees, agents, or contractors. The terms of this provision shall survive the termination or expiration of these Policies and Procedures. The ACS owns and sponsors this meeting to promote advances in surgery and other areas of surgical science. The information presented through the programs and exhibits is not verified or endorsed by the ACS. Exhibitors and their presenters are solely responsible for content.

All exhibits must be staffed during open exhibit hours. It is agreed that no exhibitor will dismantle or remove any part of their exhibit before the exhibition closes.

Each exhibitor is entitled to a reasonable sightline from the aisle regardless of the size of the exhibit. Exhibits must conform to the booth contracted and must be of such character or arrangement so as not to obstruct the view or interfere with the exhibits of others. All demonstrations and exhibits must be confined to the contracted space. Questionable exhibits shall be modified at the request of ACS staff. The fastening of materials to booth drapery, building walls, ceilings, floors, carpeting, or columns is expressly prohibited.

No sharing, subletting, or assignment of space is permitted. The ACS and the TQIP committee shall have the right to prohibit any exhibit or part of an exhibit that in its opinion is not suitable to or in keeping with the character or purpose of the meeting. Exhibitors are encouraged to verify helium balloon usage with the facility and will be held accountable for any charges resulting from their use. Exhibitor personnel are prohibited from working in aisles or other public areas. Smoking will not be permitted in the exhibit area.

• Giveaways are permitted only if approved in writing by the TQIP Conference Planning Committee before the meeting.
• Any activity in the exhibit aisles is strictly prohibited.
• Fire hose cabinets and exits must always be accessible and in full view. Decorations and displays must either be of non-flammable material or be treated by an approved fire prevention method. All display material must be flameproofed and is subject to inspection by the Denver Fire Marshal. No flammable fluids or substances may be used or shown in booths.
• Displays may not be dismantled, nor any packing begun before 10:45 am, Thursday, November 14, 2024.

Exhibitors must abide by all applicable Food and Drug Administration (FDA) regulations, including but not limited to any or all approved requirements. Exhibitors are reminded that the FDA prohibits the advertising or other promotion of investigational or unapproved drugs and devices and forbids the promotion of approved drugs or devices for unapproved uses. For additional information, contact FDA at 888-463-6332 or fda.gov.

The performance of this Agreement by either party is subject to acts of God, war, government regulation, disaster, fire, epidemic, threatened or imminent strikes, civil disorder, curtailment of transportation facilities, threats or terrorist attacks, or other similar occurrence beyond the control of the parties, making it illegal, impossible, or commercially impractical to carry on the Exhibits or fully perform the terms of this Agreement. This Agreement may be terminated, or performance may be excused without penalty, for any one or more of such reasons by written notice from one party to the other.

Each party agrees to indemnify and hold harmless the other, its agents, and employees, from and against all claims, liabilities, and expenses, including reasonable attorneys’ fees, arising from acts, omissions, or breach of this Agreement by the party or its agents or employees. The parties shall each maintain appropriate and sufficient insurance to cover their obligations under this Agreement.

The ACS and the exhibitor are each the sole owner of all rights, title, and interest to ACS’s and the Exhibitor’s respective information, including such party’s logo, trademarks, trade names, and copyrighted information, unless otherwise provided (collectively, “Intellectual Property”). ACS and the Exhibitor hereby each grant to the other a limited, nonexclusive license to use certain of the granting party’s Intellectual Property, including names, trademarks, and copyrights, in connection with the promotion of the exhibit program.

This Agreement is effective as of the date of last signature, and will terminate (i) upon conclusion of the post promotion of the Exhibits, or (ii) upon the occurrence of a material breach (including failure to make timely payments) by either party if such breach is not cured within thirty (30) days after written notice of such breach is received, or (iii) upon thirty (30) days’ notice by the ACS to Exhibitor, with or without cause. In the event of termination for material breach by the ACS and/or TQIP, or termination without cause by the ACS and/or TQIP, ACS, and TQIP will refund payments made by Exhibitor. Upon any termination of this Agreement, all rights, and privileges for use of the other party’s Intellectual Property shall expire, and each party shall discontinue the use of the other party’s Intellectual Property.

This Agreement supersedes all prior writings or oral agreements and constitutes the entire agreement between the parties on the subject hereof; it may be amended only in writing and clearly setting forth the amendments and signed by both parties. This Agreement is binding on the parties, their successors, and assigns, provided that no party may assign this Agreement without the prior written consent of the other party.

Either party’s waiver of or failure to exercise any right provided for in this Agreement shall not be deemed a waiver of any further or future right under this Agreement. All notices required or permitted hereunder shall be in writing, sent to the parties at the addresses provided by the parties. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois.

All matters and questions not specifically covered by these Rules and Regulations are subject to the decision of Jacquelyn Mitchell, Associate Director of Convention and Meetings, American College of Surgeons, and Dana McClure, Exhibits Coordinator, American College of Surgeons. The ACS is a member of the Professional Convention Management Association (PCMA), the International Association for Expositions and Events (IAEE), and the HealthCare Convention & Exhibitors Association (HCEA).

For more information, please contact Dana McClure, Exhibits Coordinator, at dmcclure@facs.org.