The American Society for Radiation Oncology, hereinafter referred to as "ASTRO," has established the following 2019 Annual Meeting Exhibitor Appointed Contractor Rules and Regulations, hereinafter referred to as "EAC Rules," to protect the integrity of the technical exhibits at the 2019 ASTRO Annual Meeting, hereinafter referred to as the "Exhibit Hall," and ensure compliance with laws, codes, ordinances and contracts with the exhibition facility. "ASTRO Show Management" as used herein, shall refer to all officers, employees and contractors acting with authority from ASTRO. It is the responsibility of the official exhibitor representative as indicated on the Application and Contract for Exhibit Space, hereinafter referred to as "Exhibitor," as well any of the Exhibitor's appointed contractors to comply with the requirements and specifications in the EAC Rules, 2019 Annual Meeting Exhibitor Rules, Regulations and Policies, the Notice of Intent to Use EAC Policies and Procedures and the Agreement and Rules and Regulations between GES and EAC, hereinafter referred to collectively as "EAC Rules and Requirements." Should Exhibitor's EAC fail to comply with the EAC Rules and Requirements, EAC may be banned from the Exhibit Hall and Exhibitor may not be permitted to use EAC for the 2019 ASTRO Annual Meeting, hereinafter referred to as the "Event."
1. An Exhibitor Appointed Contractor, hereinafter referred to as "EAC," is a company selected by the exhibitor other than the "general" or "official" service provider(s) listed in the online Exhibitor Service Manual for the Event. For purposes of these EAC Rules, the term EAC shall also refer to any agent, employee, representative, etc., working on behalf of the EAC.
2. Exhibitor and EAC acknowledge that the show site and surrounding areas are active work zones and the EAC, its agents, employees and representatives are present at their own risk vis a vis ASTRO Show Management. EAC accepts all liability for any of its actions and those of EAC's agents, employees and representatives.
3. By August 9, 2019, Exhibitor shall require and verify that each of its EACs who will be performing operations for Exhibitor in connection with the Event procures insurance against liability for injuries to persons or damage to property which may arise from the EAC's operations relating to the Event and provide certification as required below. The term for such insurance shall cover the full duration of the Event (Monday, September 9, 2019 – Thursday, September 19, 2019), hereinafter referred to as the "Insurance Term." The cost of such insurance shall be borne by the EAC or Exhibitor and shall comply with the following requirements:
- Commercial General Liability (CGL) Insurance
- Scope of Coverage and Limits
Each EAC's CGL policy shall provide coverage that is at least as broad as the coverage provided by ISO Form CG 00 01 07 04, written on an "occurrence" basis, with limits of no less than $1,000,000 per occurrence; $2,000,000 general aggregate; and $2,000,000 products and completed operations aggregate. Such CGL coverage must be maintained throughout the Insurance Term.
- Additional Insured Coverage
- ASTRO, SPARGO, Inc., McCormick Place, MPEA and SMG are to be covered as an additional insured on each EAC's CGL policy with respect to liability arising out of operations performed by or on behalf of the EAC in connection with the Event, including materials or equipment furnished in connection with such operations. Additional insured coverage shall be provided in the form of an endorsement to the EAC's CGL policy at least as broad as ISO Form CG 20 26 07 04. Such additional insured coverage must be maintained throughout the Insurance Term.
- In addition to including ASTRO, SPARGO, Inc., McCormick Place, MPEA and SMG as additional insureds to its CGL policy, the EAC must also include as additional insureds all parties listed in the "Agreement and Rules and Regulations between GES and EAC" that is included in the Exhibitor Service Manual.
- Primary and Non-Contributory
Each policy required hereunder shall specify that it provides primary coverage to the additional insureds without contribution from any other source.
- Verification of Coverage
By August 9, 2019, Exhibitor shall furnish GES with original certificates of insurance evidencing that its EACs have procured all required coverage in accordance with the requirements set forth in these EAC Rules. Please upload certificate of insurance here: https://www.certfocus.com/expresso/. At ASTRO's request, Exhibitor shall also furnish ASTRO with original amendatory endorsements adding ASTRO as an additional insured to each EAC's CGL insurance policies, as required by these EAC Rules. ASTRO's failure to request a certificate of insurance or amendatory endorsement required by these EAC Rules shall not constitute a waiver of any obligations imposed upon Exhibitor or its EACs by these EAC Rules.
- Deductibles and Self-Insured Retentions
In the event that ASTRO is required to make a claim under an EAC's policy as an additional insured, it shall be the sole obligation of the EAC or the Exhibitor, and not ASTRO, to satisfy any deductible or self-insured retention.
- Umbrella/Excess Liability Insurance
Umbrella/Excess Liability Insurance with limits of not less than $1,000,000 per occurrence and $1,000,000 aggregate.
- Workers Compensation and Employer's Liability Insurance
Workers Compensation, as required by law, and Employer's Liability Insurance with limits of not less than $1,000,000 (per accident), $1,000,000 (per disease); and $1,000,000 (disease aggregate).
- Automobile Liability Insurance
Automobile Liability insurance with a limit of not less than $1,000,000 combined single limit - each accident.
- Compliance with Insurance Requirements
All EACs must comply with the insurance requirements described in the EAC Rules.
- Risk of Noncompliance by an EAC
The failure of Exhibitor's EAC to procure or maintain the insurance coverage for ASTRO or any other party that is required by the EAC Rules shall be considered to be a material breach of the EAC Rules by the Exhibitor, and the Exhibitor shall defend and indemnify ASTRO for any uninsured claim or liability that otherwise would have been covered had the EAC complied with the insurance requirements set forth in the EAC Rules.
4. The EAC will be responsible for all reasonable costs related to its operation, including overtime pay for stewards, restoration of exhibit space to its initial condition, etc. Where applicable a one hour minimum labor charge will be charged at the appropriate steward rate of pay per day/per union to either the EAC/Exhibitor depending upon the billing arrangement established with GES. The Exhibitor agrees that Exhibitor is ultimately responsible for all services in connection with his exhibit, including freight, drayage, rentals and labor if billing arrangements have not been established with GES or any other official provider.
5. On show days as established per the Exhibit Hall Schedule, only EACs with a valid ASTRO Exhibitor Booth Personnel Badge, hereinafter "Booth Badge," will be permitted in the Exhibit Hall. No installation and dismantling crew members will be permitted on the exhibit floor during show hours without the proper Booth Badge. EAC should contact Exhibitor to obtain a valid Booth Badge from Exhibitor's complimentary Booth Badge allotment.
6. The show aisles and public spaces are not part of the Exhibitor's booth. Therefore, EAC is required to confine all activities to the exhibit space of the Exhibitor who has given the valid order for services. Exhibitor may be charged for costs related to movement of its property if their EAC does not contain its operations within the confines of the Exhibitor's booth.
7. Solicitation of business in the Exhibit Hall or on the McCormick Place premises, hereinafter referred to as "Facilities," is strictly prohibited. If EAC attempts to provide services designated to another party as the "exclusive" or "official" provider of that service or is engaged in any solicitation on the exhibit floor, including the distribution of EAC's company literature, EAC will be banned from the Exhibit Hall and Exhibitor may not use the EAC for the remainder of the Event.
8. EAC assumes responsibility for and agrees to make no claim of any nature whatsoever against ASTRO and/or SPARGO, Inc., and/or, their employees and/or designated representatives ("designated representatives" include but are not limited to agents, members, Official Contractors, Officers and/or Board of Directors) arising out of or related to its presence at or use of the Exhibit Hall premises, its work as an EAC for this Event and/or its participation in the Event, including, but not limited to: (i) loss or damage to any property of the EAC by fire, theft, destruction, vandalism, or any other cause; (ii) any injury to the EAC, its agents or employees by any cause; (iii) loss or damage to the EAC's business by reason of contracted Exhibitor's exhibit space location or the failure to provide the contracted Exhibitor's exhibit space for the Event, or by any failure to hold the Event as scheduled; (iv) loss, damage or injury to the Exhibitor or EAC's business caused by fire, electrical service interruption or any other interruptive occurrence; and (v) all consequential commercial damages arising out of any aspect of the EAC Rules. This waiver shall not include claims arising directly from the gross negligence or willful misconduct of ASTRO and/or SPARGO, Inc., and/or their employees and/or designated representatives acting within the scope of their employment or designated responsibilities, and caused by circumstances under the control of ASTRO and/or SPARGO, Inc., and/or their employees, and/or designated representatives.
9. The EAC shall indemnify, defend and hold ASTRO and/or SPARGO, Inc., and/or their employees and/or designated representatives ("designated representatives" include but are not limited to agents, members, Official Contractors, Officers and/or Board of Directors) harmless from and against any and all claims, penalties, damages, losses, costs, charges and expenses whatsoever, including reasonable attorney's fees and costs, arising out of or related to the EAC's presence at the Exhibit Hall premises, its work as an EAC for this Event and/or its participation in the Event including, but not limited to: (i) damage or injury to any person, persons, or property arising from or by reason of the occupation and use of the Exhibitor's exhibit space; (ii) acts done or caused to be done by the EAC, its agents, employees, guests, or invitees; (iii) any breach by the EAC of its obligations hereunder; (iv) any loss, damage or destruction to property of the Exhibit Hall or San Diego Convention Center facilities caused by the EAC, its agents, employees, guests or invitees; and (v) any loss, theft, misappropriation or otherwise, or damage or destruction of any property of the EAC or property of its guests or invitees brought into the exhibit areas. The EAC will not be required to provide such indemnification where such claims are directly attributable to the gross negligence or willful misconduct of ASTRO and/or SPARGO, Inc., and/or their employees and/or designated representatives, acting within the scope of their employment or designated responsibilities, and caused by circumstances under the control of ASTRO and/or SPARGO, Inc., and/or their employees, and/or designated representatives.
10. EAC hereby agrees to waive the right of subrogation by its insurance carriers to recover losses sustained under its insurance contract including but not limited to real and personal property.
11. EAC assumes responsibility and agrees to indemnify and defend McCormick Place and their employees and agents against any claims or expenses arising out of the use of the exhibit premises. The EAC understands that neither ASTRO and/or SPARGO, Inc., and/or their employees and/or designated representatives ("designated representatives" include but are not limited to agents, members, Official Contractors, Officers and/or Board of Directors) nor their contractors, nor McCormick Place maintain insurance covering the EAC's property, personnel and Event attendees, and it is the responsibility of the EAC to obtain and maintain such adequate insurance at the EAC's sole cost and expense.