Exhibitor Rules & Regulations

ELIGIBILITY FOR EXHIBITING

The exhibits are an extension of the continuing education program of COSM. For an application to be accepted by COSM Management, the products and services must be related to the otolaryngology/medical field. Applications from companies that have not previously exhibited with COSM will be reviewed by the COSM Secretaries Liaison Committee for eligibility before assignment is made. The materials required for review are:

    • Background information on the company
    • Promotional brochures/literature for all products and services to be exhibited.
    • A list of three medical meetings where the company has recently exhibited.

The COSM Secretaries Liaison Committee reserves the right, even after an application has been approved, to refuse exhibits, curtail activities, or to close exhibits or parts of exhibits that do not, in the COSM Secretaries Liaison Committee’s determination, comply with its rules and regulations.

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.

EXHIBIT STANDARDS

Each exhibitor is entitled to a reasonable sightline from the aisle regardless of the size of 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.

EXHIBITS DESIGN/DISPLAY

Exhibit booths are 10’ x 10’. The height of any exhibit shall not exceed 8’ and the side rails must not be higher than 42”. All back walls and side rails must remain as set by the official contractor. Please note that all display material must be fire retardant. Exhibits may not span an aisle by ceiling or floor. Solid ceilings of wood, fabric, or other material over exhibits are not permitted if they come under the fire sprinkler heads. Exhibitors having covered exhibits must submit plans to the official contractor who will present said plans to COSM Management for review and approval. Exhibits must be arranged so as not to obstruct the sightline or otherwise interfere with the displays of other exhibitors.

NOTE: The Hyatt Regency Exhibit Hall is carpeted.

EXHIBIT FEES

There are various levels of exhibiting. All levels include an exhibit space of at least 10’x10′ as well as other features. Please visit www.cosm.md to view exhibit levels. Note: All applications for space must be accompanied by a deposit of $1,750 per 10’ x 10’ booth. Corner booth locations cost an additional $200 per corner.

NON-PROFIT RATE – Please contact Exhibits Manager, Kate Poetker, at kpoetker@facs.org to discuss the rate.

PAYMENT TERMS

A check for the deposit in the amount of $1,750 per 100 square feet must accompany application for space. No applications will be processed without remittance of the deposit. COSM Management will charge credit cards the full amount of space requested for the 2024 COSM. Corner locations incur an additional fee of $200 per corner. Full payment is due January 31, 2024. All applications received after January 31, 2024, must include full payment. No application will be processed without full payment after this date. If payment is not received by this date, space may be reassigned, and a refund will not be issued.

CANCELLATIONS, REDUCTION, AND REFUNDS

Written notification of a reduction or cancellation of exhibit space must be received by COSM on or before January 31, 2024, and will result in a charge equal to 50 percent of the total cost of the space. Space not claimed or occupied on-site after 5:00 pm Wednesday, May 15th, for which no special arrangements have been made with COSM, may be resold, or reassigned by COSM without obligation to refund exhibit fees or reassign the exhibitor.

CONTRACT FOR SPACE

The acceptance of the online exhibit space application and deposit by COSM Management constitutes a contract for the rights to use allotted space. A completed online application for space with deposit and all requested information must be submitted electronically.

NON-CONTRACTED EXHIBIT SPACE

Any person, firm, or organization not having contracted with the COSM Secretaries Liaison Committee 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 at the Hyatt Regency Chicago or in any hotel used by COSM to house registrants. Any noncompliance with this regulation will result in the prompt removal of the offending person and property from the area. No exhibit will be permitted in a hotel room.

EXHIBITS STAFFING AND SCHEDULE

Exhibits must be staffed during exhibit hall hours. Any space not occupied by 5:00 PM Wednesday, May 15, 2024, will be forfeited by the exhibitor. Displays may not be dismantled, or any packing begun before 4:00 pm on Saturday, May 18, 2024.

INSTALLATION AND DISMANTLING

Exhibitor Installation may begin on Wednesday, May 15th, beginning at 8:00am. Setup must be completed by 5:00 pm on Wednesday, May 15th, 2024. All display material, packages, crates, etc. not attended to by 8:00 am Thursday, May 16th, will be removed by official Decorator on a time and material basis at the exhibiting company’s expense.

Dismantling may begin promptly at 4:00 pm on Saturday, May 19th. Dismantling exhibits before the official closing without just cause and/or permission from COSM Management will result in not receiving an invitation to exhibit the following year.

AUDIOVISUAL, ELECTRICAL, FURNITURE, & INTERNET

Audiovisual, electrical, furniture, and internet services are available at the exhibitor’s expense through GES. Detailed information will be provided in the exhibitor service kit available in January.

SPECIAL RESTRICTIONS 

  • Giveaways are permitted only if approved in writing by COSM prior to the meeting.
  • Outside food may not be brought in or distributed to attendees. All food giveaways must be approved by COSM and ordered through the hotel’s designated catering service.
  • Any activity in the exhibit aisles is strictly prohibited.
  • Fire hose cabinets and exits must always be left 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 flame proofed and is subject to inspection by the Louisville Fire Marshal. No flammable fluids or substances may be used or shown in booths.
  • Displays may not be dismantled, nor any packing begun before published dates and times.

LIABILITY

The exhibit booths will be in Riverside Exhibit Hall (Lower Level) of the Hyatt Regency Chicago. COSM, GES, 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 COSM and the Hyatt Regency 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. COSM and the Hyatt Regency Chicago shall in no way be held liable.

INSURANCE

Insurance on all exhibits is the responsibility of the exhibitor. COSM or COSM Management will not assume any responsibility for property loss or damage to personal property, as stated in the section on limitation of liability.

Exhibitors shall at their own cost and expense provide general liability insurance in an amount not less than $1,000,000. This insurance should recognize COSM and the American College of Surgeons as an additional insured.

Service orders will only be fulfilled by the official decorator when booth space is paid in full.

LIMITATION OF LIABILITY

It is mutually agreed by and among COSM, COSM Management, and the exhibitor that COSM and COSM Management shall have no liability whatsoever to an exhibitor, its employees, or its business invitees, or any liability for loss or damage to the property of the exhibitor, its employees, or its business invitees resulting from any cause. It is further understood and agreed that all claims against COSM and COSM Management for any damage, loss, or injury are expressly waived by the exhibitor and assumed by the exhibitor as its responsibility.

Space is leased with the understanding that COSM, COSM Management, GES, and the Hyatt Regency Chicago assumes no liability whatsoever for damages for any act of omission in connection with the said agency, and the exhibitor and its representative(s) hereby keep forever harmless COSM, COSM Management, GES and the Hyatt Regency Chicago from any and all liabilities for loss ensuing from any cause. It is further understood and agreed that the COSM and COSM Management shall in no event be liable to an exhibitor for any lost profits, sales, or business opportunities or any other type of direct or consequential damages alleged to be due from a breach of this contract. It is understood and agreed that the sole liability of COSM and COSM Management to the exhibitor for any breach of the contract shall be for the refund of all amounts paid by the exhibitor pursuant to this contract, as an exclusive remedy. The exhibitor agrees to abide by all applicable laws, ordinances, and rules and regulations, including but not limited to those of the State of Illinois, the City of Chicago and the Hyatt Regency Chicago as may be amended from time to time.

INDEMNIFICATION AND INSURANCE

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.

LICENSE OF INTELLECTUAL PROPERTY

COSM and the Exhibitor are each the sole owner of all right, title, and interest to COSM and the Exhibitor’s respective information, including such party’s logo, trademarks, trade names, and copyrighted information, unless otherwise provided (collectively, “Intellectual Property”). COSM and the Exhibitor hereby each grant to the other a limited, non-exclusive license to use certain of the granting party’s Intellectual Property, including names, trademarks, and copyrights, in connection with promotion of the Exhibit Program.

FDA REGULATIONS

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.

OUTSIDE FOOD & BEVERAGE

Outside food or beverages may not be brought in or distributed to attendees. All food giveaways must be approved by COSM and ordered through the hotel’s designated catering service.

ANIMAL TISSUE DEMONSTRATIONS

Under no circumstances may human tissue of any kind be used for demonstration purposes. Animal tissue may be used if a request is submitted in writing to COSM Management with a detailed description of the proposed method of waste disposal.

FORCE MAJEURE

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.

CATASTROPHE

In the event of fire, strikes, or another unavoidable occurrence rendering the exhibit space unfit for use, provisions will be made for the exhibit elsewhere or a proper financial adjustment will be made to the exhibitor.

CONFIDENTIALITY

COSM and Exhibitor, on behalf of themselves and their respective agents and employees, agree not to use or disclose at any time any confidential information of the other party or its affiliated groups, unless expressly authorized in writing and/or required by law. Both parties acknowledge that the obligations undertaken in this Section will survive the termination or expiration of this Agreement.

RELATIONSHIP OF THE PARTIES

COSM 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 exhibiting as part of the Exhibits does not constitute COSM official endorsement, guarantee, acceptance, or approval of Exhibitor, its services, products, programs, or activities.

TERM AND TERMINATION

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 COSM to Exhibitor, with or without cause. In the event of termination for material breach by COSM, or termination without cause by COSM, COSM 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.

MISCELLANEOUS 

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.

INTERPRETATIONS AND APPLICATION OF RULES AND REGULATIONS 

All matters and questions not specifically covered by these Rules and Regulations, are subject to the decision of COSM.

 

For any questions or concerns, please contact Kate Poetker, COSM Exhibits Manager, at kpoetker@facs.org.