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 reserves 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 ACS 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 at its sole and absolute discretion. Exhibitor 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 endorsement or approval of 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 cancelation must be received by the ACS on or before February 15, 2024, to be eligible for a refund. A $500 service charge will be assessed for each canceled space. No refunds will be given after February 15, 2024.

Any space not occupied by 7:00 am on Thursday, March 14, 2024, will be forfeited by the exhibitor.

The exhibit booths will be located in Zurich ABC on the lower level of the Event Centre. The ACS or any officers, agents, or employees thereof shall not be liable for the safety of the exhibitor’s property, its agents, or employees from theft, damage by fire, accident, or any other causes, and the exhibitor does hereby release and indemnify the ACS and the Swissôtel Chicago from any such claims of any kind or nature. All exhibitors are required to and guarantee to have in force, at their own expense, insurance covering employees not only on worker’s compensation and the employer’s liability, but also on general public liability, and injury, and accident, and any damage to the exhibitor’s property. The ACS and Swissôtel Chicago shall in no way be held liable.

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

Each exhibitor is entitled to a reasonable sightline from the aisle regardless of the size of exhibit. Exhibits must conform to the table 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 table drapery, building walls, ceilings, floors, carpeting, or columns is expressly prohibited.

No sharing, subletting, or assignment of space is permitted. The ACS 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 ACS prior to the meeting.
• Any activity in the exhibit aisles is strictly prohibited.
• Fire hose cabinets and exits must be left accessible and in full view at all times. Decorations and displays must either be of non-flammable material or be treated by an approved fire prevention method. All display material must be flame proofed and is subject to inspection by the Chicago Fire Marshal. No flammable fluids or substances may be used or shown in booths.
• Displays may not be dismantled nor any packing begun before 1:30 pm, Friday, March 15, 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 right, 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”). The 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 promotion of the Exhibit Program.

In no event shall the ACS be liable to Exhibitor more than the amount paid under the Agreement.

The ACS and Exhibitor agree that this Agreement is not intended to create any partnership, agency, joint venture, or employer/employee relationship of any kind; both parties agree not to contract any obligations in the name of the other or to use each other’s credit in conducting any activities under this Agreement.

The parties agree that participating as an exhibitor does not constitute the ACS’s endorsement, guarantee, acceptance, or approval of Exhibitor, its services, products, programs, or activities.

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 or termination without cause by the ACS, ACS 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 by a writing 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).