AACS Attendee Participation Agreement
I hereby request to attend the American Academy of Cosmetic Surgery’s (“AACS”) 2023 Annual Scientific Meeting to be held February 9-11, 2023 (live event dates) in San Diego, CA, USA, and/or recorded sessions to be available on-demand after the live event dates ("Meeting"). In exchange for being permitted to attend the Meeting and the benefits derived from such participation, I knowingly and voluntarily sign and agree to be bound by this Attendee Participation Agreement (“Agreement”):
1. Directions, Rules, Policies, and Procedures. I shall abide by all AACS directions, rules, policies, and procedures for the Meeting. The AACS may remove me from the Meeting if I violate any AACS directions, rules, policies, or procedures for the Meeting.
2. Meeting Information Acknowledgement, Disclaimer, and Waiver. The information provided at the Meeting, including through presentations, lectures, workshops, courses, papers, displays, handouts, roundtables, and exhibitors (collectively, "Information") is for educational purposes only. The AACS is an international organization with members, presenters, instructors, and exhibitors from throughout the world. I acknowledge:
i. The Information provided may not reflect practices, methodologies, or approaches, which are consistent with the standards of care, medical ethics, laws, rules, and regulations of the jurisdiction(s) in which I practice medicine;
ii. The Information provided is not intended to be, nor should it be construed as, suggesting the applicable standard of care, or the only, or the best practice, methodology, or approach for the medical situations, or issues discussed;
iii. The approaches, views, statements, and opinions expressed by presenters, instructors, exhibitors, participants, and others at the Meeting are those of the person expressing them, not the AACS, or any other person, and may not reflect the approaches, views, statements, and opinions of the AACS;
iv. The AACS makes no representations, or warranties regarding the accuracy, completeness, or usefulness of the Information provided at the Meeting and disclaims all representations and warranties to the contrary;
v. MY USE OF ANY INFORMATION I RECEIVE AT, OR FROM THE MEETING, IS AT MY SOLE RISK, AND I AM SOLELY RESPONSIBLE FOR ASSESSING AND DECIDING WHETHER, AND TO WHAT EXTENT, TO USE THE INFORMATION I RECEIVE AT OR FROM THE MEETING; AND
vi. THE AACS IS NOT LIABLE FOR MY USE OF ANY INFORMATION I RECEIVE AT OR FROM THE MEETING, AND I KNOWINGLY WAIVE ALL CLAIMS TO THE CONTRARY.
3. Exhibition Acknowledgement, Disclaimer, and Waiver. The Meeting’s exhibition is designed to educate persons involved, or interested in, cosmetic surgery about products and services related to cosmetic surgery. With respect to the Meeting’s exhibition, I acknowledge:
i. An exhibitor’s participation in the Meeting’s exhibition is not intended, nor shall it be construed as, an endorsement by the AACS of the exhibitor, its products and/or services, or information provided by the exhibitor;
ii. The AACS has not investigated or evaluated the exhibitors, their products, services, or the information they may provide.
iii. The exportation, importation, and/or use of goods and/or services provided by an exhibitor may not be consistent with the standard of care or medical ethics and/or permitted under the laws, rules, and regulations of the jurisdiction(s) in which I practice medicine;
iv. I am solely responsible for: deciding which exhibit(s), if any, to visit; investigating and assessing the exhibitor’s products and/or services; investigating and assessing the accuracy, completeness, and usefulness of the information provided by exhibitors; and determining whether to make a purchase from an exhibitor;
v. If I make a purchase from an exhibitor, I am entering into a contract with the exhibitor, not the AACS. The AACS has no liability or responsibility for such contracts. I am solely responsible for investigating and deciding whether to enter into any contracts with an exhibitor. My decision to enter into a contract with an exhibitor, and my acceptance or use of their goods or services, is at my own risk. I KNOWINGLY AND VOLUNTARILY WAIVE ALL CLAIMS TO THE CONTRARY.
vi. NEITHER THE AACS NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, OR AGENTS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE EXHIBITORS AND THEIR GOODS, SERVICES, AND INFORMATION AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. Publicity Release. I grant the AACS an unconditional, worldwide, fully transferable, fully sub-licensable, perpetual, irrevocable, royalty-free right (but not the obligation) to photograph, record (audio and visual), digitize, reproduce, distribute, prepare derivative works based on, publicly perform, publicly display, and otherwise use and exploit my name, image, likeness, and voice, as they may appear in photographs and recordings (audio and visual) relating to the Meeting, in all formats now known, or hereafter created, for any and all purposes, including advertising, trade, and commercial purposes. I ACKNOWLEDGE THE AACS IS THE EXCLUSIVE OWNER OF THE SUCH PHOTOGRAPHS AND RECORDINGS, AND I HAVE NO RIGHT TO INSPECT OR APPROVE THE AACS’S USE OF MY NAME, IMAGE, LIKENESS, OR VOICE.
5. Meeting Material Rights. I acknowledge that all copyrights and other property rights in the presentations, courses, handouts, and other materials presented, or provided at the Meeting (collectively, "Materials”), are owned by the AACS, or its third-party licensors. The AACS and/or its third-party licensors reserve all rights to the Materials. I MAY NOT RECORD OR REPRODUCE ANY PORTION OF THE MEETING IN ANY MANNER (E.G., PHOTOGRAPH, AUDIO, OR VISUAL). THE AACS MAY DISMISS ME FROM THE MEETING IF I VIOLATE THIS RULE.
6. Confidential Information. Patient Volunteers. Volunteers may participate in the meeting as patients for demonstration and other educational purposes. I SHALL KEEP CONFIDENTIAL THE IDENTITY OF AND ANY INFORMATION I MAY LEARN DURING THE MEETING REGARDING ANY VOLUNTEER PATIENT.
7. Conference App. The AACS has developed a conference application for attendees that will facilitate the navigation of the meeting. All attendees will be opted-in to receive full access to provide the attendee a fuller educational experience. Attendees will be listed on the conference app and can adjust their privacy settings upon login.
8. Universal Precautions. I shall adhere to universal precautions during the Meeting, and conform to all proper medical practices and procedures for the treatment of patients for whom no medical history is available when coming into contact with such patients, as well as with cadaveric specimens, or cadaveric material. In the event that I incur a needle stick injury, cut, or other exposure to bloodborne pathogens, I shall immediately notify the AACS and take such other follow-up measures as deemed appropriate.
9. COVID-19 Assumption of Risk and Waiver of Claims. I acknowledge that attending the Annual Scientific Meeting during the ongoing pandemic carries risk due to the contagious nature of the COVID-19 virus and the fact that the Annual Scientific Meeting will be held indoors with a large number of attendees. [If choosing the in-person option] I have made the decision to attend the Annual Scientific Meeting with a full understanding of the inherent risks of such a decision and agree as follows:
Any guests accompanying me to social events (Guests) and I will follow all required health and safety guidelines, protocols, policies, regulations, and mandates relating to attendance at the Annual Scientific Meeting, including, but not limited to, World Health Organization (WHO) guidelines, United States Centers for Disease Control and Prevention guidelines, statutes, regulations, and other mandates applicable to the locale of the Annual Scientific Meeting, as well as any additional requirements imposed by AACS or the Venue (regardless of whether international, national, or local laws allow otherwise).
I represent and warrant that, at the time of my arrival at the Annual Scientific Meeting, any Guests and I will either be fully vaccinated against COVID-19 or have received a negative COVID test at least 1 week prior to the start of the Meeting. We will monitor our own health status and will not attend the Annual Scientific Meeting if symptomatic of COVID-19 in any way or if we believe we have been exposed to someone with COVID-19.
We are attending the Annual Scientific Meeting voluntarily and at our own risk. I understand that, by attending, my Guests and I risk being exposed to and/or infected with COVID-19 as a result of our actions or those of other attendees or participants, including, without limitation, AACS’s officers, directors, members, staff, agents, and representatives (collectively, “AACS”) and the Venue’s employees. I hereby release, for myself, my heirs, and my personal representatives, as well as those of my Guests, and do forever discharge, indemnify and hold harmless AACS and the Venue from any and all claims, liabilities, actions, damages, costs or expenses of any kind arising out of, in connection with, or relating to attending or participating in the Annual Scientific Meeting, including, without limitation, any illness, damages, or injury resulting from travel to and from, and attendance at, the Annual Scientific Meeting, participation in events related to the Annual Scientific Meeting, exposure to an infectious disease (including COVID-19), or the manner in which the Annual Scientific Meeting or its related events and activities are conducted (collectively, “Claims”), whether a condition giving rise to any Claim occurred before, during, or after we attended or participated in the Annual Scientific Meeting.
I understand that my Guests and I will not be allowed to attend the Annual Scientific Meeting unless I agree to be bound by the terms and conditions of this Assumption of Risk and Waiver of Claims form (Waiver) and that my failure to comply with the required safety protocols or follow the direction of AACS staff on site may result in the loss of my right to attend or participate in the Annual Scientific Meeting, including forfeiture of any registration fees paid.
10. Policy on Ancillary Meetings At AACS Meetings. I agree to be bound by the terms of the Policy on Ancillary Meetings at AACS Meetings which includes the following.
i. I may not hold conflicting events. Conflicting events are scientific or educational meetings of interest and relevance to cosmetic surgeons, including but not limited to lectures, presentations, seminars, or workshops, that are scheduled during the same time frame encompassed by the AACS Annual Scientific Meeting. For purposes of this policy, the relevant time frame begins two days immediately prior to the official opening of the AACS Annual Scientific Meeting and ends two days after the official close of the AACS Annual Scientific Meeting.
ii. I may not hold group meetings or social events that are in direct conflict with the timing of AACS programs and social events.
11. LIABILITY RELEASE, CLAIMS WAIVER, AND COVENANT NOT TO SUE. TO THE FULLEST EXTENT POSSIBLE, PURSUANT TO APPLICABLE LAW, I KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY RELEASE FROM ALL LIABILITY, INCLUDING NEGLIGENCE, WAIVE ALL CLAIMS AGAINST, AND COVENANT NOT TO MAKE OR BRING ANY CLAIM AGAINST THE AACS AND/OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, AGENTS, OR AGAINST THE PRESENTERS OR SPEAKERS (COLLECTIVELY, “RELEASED PERSONS”) IN ANY WAY ARISING OUT OF OR RELATED TO: (I) THE MEETING; (II) MY ATTENDANCE AT, OR PARTICIPATION IN, THE MEETING; (III) THE INFORMATION PROVIDED AT THE MEETING; (IV) THE EXHIBITION, OR ANY EXHIBITOR; AND/OR (V) THE AACS’S EXERCISE OF THE RIGHTS GRANTED BY ME TO THE AACS UNDER THIS AGREEMENT.
12. DEFENSE, INDEMNIFICATION, AND HOLD HARMLESS. I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PERSONS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN DEFENDING THE SAME), IN ANY WAY ARISING OUT OF, OR RELATED TO: (I) MY ACTS OR OMISSIONS; (II) MY ATTENDANCE AT, OR PARTICIPATION IN, THE MEETING; (III) MY USE OF ANY INFORMATION PROVIDED AT THE MEETING; (IV) MY PURCHASE OR USE OF ANY EXHIBITOR’S GOODS, SERVICES, AND/OR INFORMATION; (V) THE RIGHTS GRANTED BY ME TO AACS UNDER THIS AGREEMENT; AND/OR (VI) MY BREACH OF THIS AGREEMENT.
13. DISCLAIMER OF WARRANTIES. THE MEETING, THE INFORMATION, AND THE EXHIBITION ARE PROVIDED AS-IS WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. No Financial Compensation. I shall not receive any financial compensation as a condition for this Agreement, or the rights granted by me to AACS hereunder.
15. Miscellaneous. This Agreement is governed by and construed in accordance with the substantive laws of the State of Illinois, excluding its choice of law rules. If any provision of this Agreement is invalidated or held unenforceable, the invalidity or unenforceability of that provision shall not affect the validity or enforceability of this Agreement. As to any provision found to be invalid or unenforceable as written, the same shall not be void, but rather shall be reformed and enforced to the maximum extent permissible under applicable law, as if originally executed in that form by me. If the AACS agrees to waive its right to enforce any term of this Agreement, it does not waive its right to enforce the term, or any, or all other terms, of this Agreement at any other time. This Agreement is binding on me and my heirs, executors, administrators, legal representatives, successors, and assigns.
I HAVE READ THIS AGREEMENT AND UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. I UNDERSTAND THAT BY ATTENDING THE MEETING, I AM ENTERING INTO A LEGAL AGREEMENT, WHICH WILL BIND ME TO THE TERMS OF THIS AGREEMENT, AND THAT BY SIGNING THIS I AM GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE AACS.