Exhibit Policies and Procedures

The privilege granted to the Exhibitor herein do not constitute an endorsement of the Exhibitor’s products or services and may not be used to imply that the NYSCA endorses the Exhibitor’s products or services.

Exhibitors and their agents and representatives agree that no logo or trademark owned by the NYSCA shall be used in any advertisement or publication without the prior, express written consent and approval by the NYSCA as to form and use. Any unauthorized use of any NYSCA copyright, trademark, name, logo, or symbol may be grounds for legal action by the NYSCA against an advertiser/Exhibitor.

While the NYSCA hopes and desires that the event be successful for the Exhibitor, the NYSCA specifically disclaims any warranty or assurance with respect to success of the event from the Exhibitors point of view, or the end-result for the Exhibitor.

If an Exhibitor wishes to cancel this application and agreement, the Exhibitor may only do so by sending notice of cancellation in writing (email is permitted) to info@nysca.com. Cancellation email must be acknowledged and confirmed by the NYSCA before cancellation is considered final.

Cancellations received more than 12 weeks prior to the start of an event are subject to a 0% cancellation fee. Cancellations requests received less than 12 weeks prior but more than 4 weeks out from the start date of the scheduled event shall be subject to a 50% cancellation fee. No refunds will be provided for cancellations received less than 4 weeks prior to the start of the event. The date of cancellation shall be the date the notice is received by the NYSCA at the address above.

If the Exhibitor defaults on any of its obligations under this agreement, or violates its obligations or covenants under this contract, the NYSCA may, without notice, terminate this agreement, and retain all monies received on account as liquidated damages. The NYSCA may thereupon direct the Exhibitor forthwith to move its employees or agents and all of its articles of merchandise and other personal property from the exhibit space from the event venue.

In the event that any portion of the venue premises shall be destroyed or damaged, or if the NYSCA exhibition fails to take place as scheduled or is interrupted and/or discontinued, or access to the premise is prevented or interfered with by reason of any strike, lockout, injunction, act of war, act of nature or of God, act of terrorism, emergency declared by any government agency, or for any other reason, this contract may be terminated by the NYSCA. In the event of such termination, the Exhibitor waives any and all damages and claims for damages and agrees that the sole liability of the NYSCA shall be restitution of the Exhibitor space payment, less any pro rata share of all costs and expenses incurred and committed by the NYSCA up to that point.

The Exhibitor assumes responsibility and agrees to defend, indemnify and hold harmless the NYSCA and the event venue, its owners, managers, officers or directors, agents, employees, subsidiaries and affiliates from any damages or charges resulting from or arising from or out of the Exhibitor’s presence at the NYSCA event or use of the venue’s property.

The NYSCA has endeavored that the rules herein have been developed to protect the interests of all concerned and that these rules become a part and parcel of the agreement between the Exhibitor and the NYSCA. All matters and questions not covered by these rules are subject to the decisions of the NYSCA.

Any matters not specifically covered by the proceeding rules shall be subject solely to the decision of the NYSCA. When it comes to interpreting Exhibitor agreements and any amendments related thereto, or enforcement of any Exhibitor rules or policies, the Exhibitor agrees that the NYSCA authority in this regard shall be plenary.

Exhibitor, for themselves, and on behalf of their employees and representatives, agree to abide by the rules incorporated herein, and by any amendments to these rules that may be put into effect by the NYSCA.

The NYSCA must receive payment in full to reserve any exhibit space. The NYSCA endeavors to honor exhibit location requests where possible; however, the NYSCA cannot guarantee placement. The NYSCA reserves the right to make the final determination of all exhibit space assignments.

The NYSCA reserves the right to change space assignment after the acceptance of the application or to alter the location of exhibits shown on the official floor plans as it deems advisable, and in the best interest of the Exhibition.

Exhibitors should be aware that the exhibit space and layout is negotiated between the NYSCA and the venue.  Therefore, the venue owner has the right to modify exhibit space conditions and layout at any time.  If something unforeseen occurs at the venue beyond the control of the NYSCA, Exhibitors may need to exercise some flexibility in the space and location assigned.

Exhibitors may set up and dismantle their displays only during the times published for their event. Exhibits must remain staffed and intact throughout the scheduled exhibition hours unless NYSCA approves an exception in advance.

Exhibitors are responsible for removing all displays, materials, and equipment by the published move-out deadline. If materials are left behind, NYSCA may arrange for their removal, shipping, or storage at the exhibitor’s expense.

Exhibitors must claim and set up their assigned space by the deadline published for the event or notify NYSCA in advance of a delayed arrival. NYSCA may reassign space that remains unclaimed after that deadline without refund.

Each Exhibitor must name at least one person to be the official on-site representative and responsible party. The official representative will receive all relevant materials related to the event. That representative shall be authorized to enter into contracts necessary for fulfillment of obligations to the NYSCA and to other contractors and subcontractors.

All booths must be staffed by the Exhibitor during all open show hours. At all times during show hours, each Exhibitor or representative shall wear an identification badge furnished by the NYSCA. The NYSCA may limit the number of booth representatives at any time.

Attire is expected to be consistent with the professional atmosphere of the NYSCA event for all days and functions. The NYSCA reserves the right to determine whether the character and/or attire of booth personnel is acceptable and in-keeping with the best interests of all parties and attendees.

The Exhibitor shall conduct and operate its exhibit so as not to annoy, endanger, or interfere with the rights of other Exhibitors and visitors. Any practice resulting in complaints from any other Exhibitor or any visitor which, in the opinion of venue management, interferes with the rights of other venue attendees, or exposes venue attendees to any annoyance, nuisance or danger, may be prohibited by the venue management, and may be grounds for expulsion of the Exhibitor from the venue without refund.

No Exhibitor shall assign, sublet, or share the whole or any part of their space allotted without written consent of the NYSCA and approval of the terms thereof. Except for bona fide Exhibitor parent companies or subsidiaries, Exhibitors are not permitted to feature names or advertisements of non-exhibiting manufacturers, distributors, or agents in the Exhibitor’s display.

The Exhibitor is responsible for maintaining the cleanliness and good order of their assigned exhibit space for the duration of the event. Any debris resulting from shipping, giveaways, or packaging must be cleared away by the Exhibitor.

Exhibits must be arranged so they do not obstruct aisles, block access to another exhibitor’s space, or substantially hide a neighboring exhibit. Any side of a display visible to attendees or neighboring exhibitors must be finished and presentable.

Displays, signs, demonstrations, and promotional activities must remain within the exhibitor’s assigned space. NYSCA may require an exhibitor to adjust or suspend any activity that obstructs an aisle or interferes with access to another exhibit.

Exhibitors may distribute only those food and beverage samples which are man­ufactured or handled by them in the regular course of the Exhibitors business. With safety in mind, we ask that all Exhibitors limit the number of touch points between the samples and attendees. Food and/or beverage samples require approval and MUST be prepackaged, wrapped, or sealed options adhering to the sample sizes listed below.

• Food: All food samples should be bitesize.
• Beverages: Not more than four (4) ounces.

Exhibitors are expressly prohibited from serving beer, wine, spirits, or alcoholic beverages of any kind or size from their booth.  All other food and beverage must be provided by the Venue and must be distributed only within the Exhibitor’s booth. Please consult the NYSCA convention coordinator for assistance.

The distribution of samples, souvenirs, publications, or other sales or sales promotion activities must be conducted by the Exhibitor only from within the exhibit booth. The distribution of any articles that interferes with the activities in, or obstructs access to, neighboring booths or the aisles, is prohibited.

Handout materials are to be straightforward, professional, and non-combative in nature. Small token gifts that are not worn or displayed and may be carried in the pocket, are acceptable and may be distributed from the exhibitor’s booth without prior approval. It is the responsibility of the exhibitor to receive prior approval for any handout/novelty item that may be questionable in nature.

If an Exhibitor engages in on-site transactions, the Exhibitor will be responsible for complying with all federal, state, and local laws regarding sales taxes and any laws that may pertain to such sales.

Demonstrations of any medical device should be performed only by individuals duly trained and licensed or otherwise qualified and legally entitled to use the device.  Such demonstrations should be for educational purposes only and should not be for treatment purposes. All demonstrations must be confined to the limits of the exhibitor’s booth.

Equipment for demonstrations must not pose a safety hazard. If the equipment has energy beams that are hazardous, such energy beams must be made non-operative before installation. Demonstrations of medical lasers or other equipment requiring the use of protective eyewear or other protective gear are not permitted.

All products exhibited must be presented and marketed in strict compliance with all federal, state, and local laws pertaining to the labeling and marketing of medical devices. Devices awaiting FDA approval (i.e., those qualifying for an Investigational Device Exemption) must be clearly and conspicuously labeled as such, so as not to cause confusion or possible misrepresentation. Failure to meet marketing standards, labeling standards, and FDA guidelines will result in the removal of the device in question from the exhibit hall and/or forfeiture of exhibit space.

The operation of games of chance or the actual or simulated pursuit of any recreational pastime is permitted only to the extent permitted by applicable jurisdictional law and must receive written approval from the NYSCA. Winners do not have to be present to win. The total prize awarded for the entirety of the event must not exceed $1,500 in retail value.

The Exhibitor agrees not to sponsor or host group functions unrelated to the NYSCA Convention such as hospitality suites, tours, film showings, speeches or other activities during the meeting and exhibition hours that would in any way interfere with attendance at the conference or induce visitors away from the conference. The Exhibitor must receive approval from the NYSCA for any intended group functions.

Exhibitors understand and agree that NYSCA may photograph their exhibit area and any displays during the event. Exhibitors agree that photos of their booth, and any logos and trademarks that might be visible may appear without restriction in promotional and other information and material produced by the NYSCA. An Exhibitor may not photograph or videotape any other company’s exhibit booth or presentation.

Shipping and package-handling arrangements vary by venue. Exhibitors must follow the instructions provided for their event and arrange for the return or outbound shipment of their materials. Do not ship materials directly to the venue unless the event instructions expressly permit it.

Electrical service and additional equipment may require an advance order and separate payment. Exhibitors should consult the event-specific instructions and place any required orders by the stated deadlines.

Exhibitors may not connect to venue electrical outlets or equipment without authorization. All equipment and connections must comply with venue requirements and applicable safety rules.

All materials used in the exhibit booths must be made of flame-retardant/flame-proof materials and must conform to all local fire department rules and regulations. If the Exhibitor neglects or violates these rules, or creates a fire hazard of some sort, the NYSCA may curtail or cancel any portion of an exhibit deemed irregular and unsafe, without refund to the Exhibitor.  Attendee safety is NYSCA’s first priority.

Exhibitors and/or their agents shall not injure or deface the walls, floors/carpets of the building, the booths and/or the equipment or furnishings in the exhibit space. The Exhibitor shall be liable for any damages to property owned by the venue resulting from any act or omission of the Exhibitor, its agents, or its representatives.

The exhibit area may not be secure at all times. Exhibitors are responsible for safeguarding their property, equipment, and materials throughout the event. Neither NYSCA nor the venue assumes responsibility for items left unattended or unclaimed after the event.

Access to the exhibit area outside published hours requires NYSCA’s permission. Exhibitor representatives must wear their event badges during exhibit hours. Any work badges issued for setup or dismantling are valid only for those activities.

The Exhibitor understands that neither the NYSCA nor the venue maintains insurance covering the Exhibitor’s personal and business property and that it is the sole responsibility of the Exhibitor to obtain such insurance. The NYSCA’s liability for injury to persons or loss or damage to property shall be limited only to the Association’s staff.

At its sole cost and expense, the Exhibitor shall procure and maintain through the term of this contract, comprehensive general liability insurance against claims for bodily injury or death, and property damage occurring in or upon, or resulting from the premises leased. Such insurance shall include contractual liability and product liability coverage, with combined single limits of liability of not less than minimum $1,000,000 per occurrence/ $2,000,000 aggregate coverage. Such insurance shall name the New York State Chiropractic Association as additional insured.

During the term hereof, Exhibitor shall maintain Workers’ Compensation and Occupational Disease insurance in comportment with all federal and relevant state and tribal laws, covering all of Exhibitor’s agents and employees engaged in the performance of any work for Exhibitor at the event site. All property of Exhibitor is understood to remain under its custody and control of the Exhibitor in transit to and from the confines of the exhibit hall. Proof of such insurance, including a Certificate of Insurance, shall be provided to the NYSCA Convention Coordinator as soon as practical but in no event more than three (3) calendar days after request, time being of the essence.

The NYSCA strives to create a safe, productive, and welcoming environment free from discrimination, harassment, and retaliation for all who attend and participate in NYSCA-sponsored meetings, events and activities. For purposes of this policy, harassment includes, but is not limited to, sexual harassment, offensive or physically threatening bodily contact (battery), and intimidation (assault) or discrimination based on race, religion, age, gender, gender identity, sexual orientation, disability, or appearance. Sexual harassment includes any unwelcome sexual advances or attention, whether physical, virtual, or verbal. Harassment, discrimination, or intimidation of any kind will not be tolerated.

This policy applies to all who participate in NYSCA-sponsored events including, but not limited to, attendees, NYSCA staff, sponsors, Exhibitors, guests, students, and contractors. Participation constitutes agreement to comply with this policy as a condition of attendance.

Suspected violations may be reported to a NYSCA Board member on site or by email to info@nysca.com. Reports involving NYSCA staff or contractors should be submitted by email to info@nysca.com.

All reports will be treated seriously and investigated promptly. At NYSCA’s sole discretion, policy violations may result in removal from or denial of access to NYSCA-sponsored meetings, events, and activities without refund of any applicable registration fee or other costs to the participant.

When an Exhibitor contacts the venue or third-party contractor, the Exhibitor should record the name, title, and extension of the individuals you spoke with, and the conversation or discussion should be memorialized in a memorandum.

In the event of a dispute or disagreement between Exhibitor and the venue or third-party contractor, or between two or more Exhibitors, the NYSCA shall mediate the dispute; interpret the rules governing the exhibition and disagreement; and any action or decision by the NYSCA regarding the dispute or disagreement shall be binding on the Exhibitors subject to the disagreement or dispute. Claims will not be considered unless filed by Exhibitor prior to the close of the exhibition.

In the event of a dispute between an Exhibitor and the NYSCA, notwithstanding the venue’s location, all claims and disputes arising under or relating to this Exhibitor agreement are to be settled by binding arbitration in the state of New York.  The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator in the New York State Bar Association Dispute Resolution Section or an arbitrator in the New York State Dispute Resolution Association, Inc., experienced mediating disputes and who shall include a written record of the arbitration hearing.  The NYS Unified Court System has committed itself to the appropriate use of mediation and other forms of alternative dispute resolution (ADR) to resolve disputes and conflicts between parties peaceably.

Any questions concerning your exhibit, other exhibiting events, or any event problem should be directed to the NYSCA Convention Coordinator at info@nysca.com.