SMA Exhibit and Sponsor Agreement

Southern Medical Association (SMA) is committed to presenting continuing medical education (“CME”) activities that promote improvements or quality in healthcare and are independent of the control of commercial interests. As part of this commitment, Southern Medical Association has outlined in this written agreement the terms and conditions between Southern Medical Association (SMA) and the Company listed below (“Exhibitor”).

Terms and Conditions of Agreement

Arrangement for commercial exhibits may not influence planning or interfere with the presentation of the CME activity. The arrangement for the commercial exhibit must be a separate business transaction, and may not be a condition of the provision of commercial support for the CME activity. *Display of products and services does NOT constitute or imply an endorsement by Southern Medical Association.* Exhibitors may not claim or suggest that Southern Medical Association endorses their product or services without a specific written agreement.

Compliance with these terms and conditions is mandatory for all exhibitors, and is the sole responsibility of the exhibitor.*

Cancellations

Cancellations received in writing on corporate letterhead by Southern Medical Association (SMA) will be considered based on receipt of cancellation and subsequent commitments made on your behalf by SMA.

Assignment of Space

Southern Medical Association (SMA) will allow Exhibitor to select space upon receipt of the signed Agreement and full payment once the floor plan is ready.

Use of Space

The Southern Medical Association (SMA) may evict Exhibitor for noise, conduct of personnel, methods of operation, or any other reason that detracts from the general educational character of the meeting. In the event of eviction, Southern Medical Association (SMA) will not issue a refund to the Exhibitor nor be responsible for any expenses incurred by the Exhibitor.

Standard Exhibit Equipment and Representatives

Standard exhibit equipment and number of representatives included is determined by exhibit level. Additional equipment may be ordered at the Exhibitor’s expense from the onsite decorator. Additional representatives may be registered for an additional fee. The exhibitor is responsible for company signage other than what is included in the exhibit level. Promotional materials may not be displayed or distributed in the educational space immediately before, during, or after the CME activity. Exhibitor may not engage in sales or promotional activities, pass out business cards, or take part in the educational discussion while in the space or place of the CME activity.* Exhibitors must follow FDA regulations concerning the promotion of investigational and/or pre- approved medications and surgical devices. Direct payment may not be given by the Exhibitor to any individual involved in a CME activity. Per American Medical Association Opinion 8.061 –

Gifts to Physicians from Industry: 

Individual gifts of a nominal value given to physicians visiting the exhibit must be related to the physician’s work (e.g. pens or notepads) with company name and no logos.*

The PhRMA (www.phrma.org) and AdvaMed Codes (www.advamed.org) on Interactions with Healthcare Professionals include strict limitations on the ability of research-based pharmaceutical, biotechnology, and medical device companies to provide food, beverages, non-educational, and other non-practice related items to healthcare professionals. For more information on these guidelines, visit their respective websites.

Exhibitor Appointment Contractors

The exhibitor may not contract for services with a contractor other than the official exhibit contractor unless the Southern Medical Association (SMA) has given prior permission to the exhibitor. Exhibitors must observe all union terms and conditions in force in the exhibit hall.

ADA

Exhibitor is charged with knowledge of all laws, ordinances, and regulations pertaining to the Americans with Disabilities Act (ADA). Compliance with the ADA is mandatory, and is the sole responsibility of the Exhibitor so far as the ADA relates to the Exhibitor’s space.*

Fire Safety and Health

The exhibitor assumes all responsibility for compliance with local, city, and state ordinances and Terms and Conditions covering fire, safety, and health. Exhibitors must provide the necessary shielding or safety items to protect others from equipment that is operable, or any materials, processes, or operations which might cause bodily harm. All parts of all displays must be made of flameproof materials, and must meet the specifications of local fire authorities. All electrical signs and equipment must be wired to meet the specifications of local fire authorities.

Liabilities

Exhibitor assumes all liability for property damage or personal injury caused by Exhibitor’s negligent use, occupation, or enjoyment of the exhibit site, or the negligent act or omission of any person thereon with the consent of the Exhibitor, during the term of this agreement. Exhibitor shall indemnify and hold harmless Southern Medical Association (SMA) against all liability caused by the negligent act or omission or breach of obligation of Exhibitor, its employees, or agents. Exhibitor assumes the risk of loss, damage, or destruction of Exhibitor’s materials, tools, and property of any description and that of Exhibitor’s employees or agents during the course of Exhibitor’s occupancy and use of the exhibition premises or any part thereof. Exhibitor shall indemnify and hold harmless the conference exhibit site, its owners, managers, officers or directors, agents, employees, subsidiaries, and affiliates from any damages or charges resulting from Exhibitor’s negligent use of the property.

Inability to Perform

If Southern Medical Association should be prevented from holding the exhibit program by any cause beyond its control (such as fire, strike, Act of God, etc.), or cannot permit Exhibitor to occupy the space due to circumstances beyond its control, Southern Medical Association (SMA) will refund Exhibitor the amount of rental paid, less a proportionate share of the exposition expenses. Southern Medical Association (SMA) shall have no further obligation or liability to Exhibitor.

Amendments

These terms and conditions of this agreement have been formulated for the best interest of Exhibitor and Southern Medical Association .The Exhibitor and Southern Medical Association (SMA) may amend this agreement to address any matters not covered by these terms and conditions at any time by reasonable notice. Any such amendments shall be binding upon all parties to this agreement. Any point not addressed in these terms and conditions is subject to the sole discretion of Southern Medical Association (SMA) whose decision shall be final.

*Accreditation requirement

Southern Medical Association (SMA)

Randy Glick, Executive Director
3500 Blue Lake Drive Suite 360
Birmingham, Alabama 35243 
(800) 423-4992 ext 189
rglick@sma.org