NAON Rules and Regulations

This Application and Contract to participate in the NAON 44th Annual Congress in Louisville, KY, May 11-21, 2024 shall become effective when it has been submitted by the exhibiting company and accepted by the NAON. The individual signing this Application and Contract represents and warrants that he/she is duly authorized to execute this binding Application and Contract on behalf of the exhibiting company. By signing below, the exhibiting company agrees to be bound by the terms and conditions below. The exhibiting company agrees that upon acceptance of this Application and Contract by NAON, with or without appropriate payment of the exhibition fee and further action by the exhibiting company, this Application and Contract, together with the terms and conditions below, (collectively “this Contract”) shall become a legally binding contract between NAON and exhibiting company (“Exhibitor”).

Eligibility Criteria for Exhibitors

All exhibitor applications are reviewed and approved by the NAON Executive Board.

Exhibit Tabletop Cost

For purposes of this Application & Contract, the amount of the rental cost associated with the tabletop space selected by Exhibitor is referred to as the “Exhibit Tabletop Fee.”

$2,600 per 8x10 tabletop

Assignment of Space

All space will be assigned on a first-come, first-served basis. Every effort will be made to accommodate requests for table assignments. NAON reserves the right to make such changes to the floor plan as may be deemed necessary.

Exhibitor should frequently review its space location and changes to neighboring tabletops/areas for updates to the floor plan. It is the Exhibitor’s responsibility to keep up with changes to their assigned area. NAON anticipates alterations to the initial plan and cannot be held responsible for changes that may affect a participating Exhibitor’s selection of space.

NAON will maintain a waitlist for any Exhibitor who wishes to be placed in a different tabletop location after their initial selection. To be added to the waitlist, Exhibitor shall submit a written request, including the requested space to exhibit@orthonurse.org. Exhibitors are added to the waitlist on a first-come, first- served basis based on date and time of email receipt by NAON.

NAON reserves the right to change Event hours or dates, to rearrange the floor plan, to change the Event format (including, but not limited to, in person to virtual in whole or part), and/or to relocate any Exhibitor as it deems necessary at any time.

Tabletop Space

Each exhibitor will be provided with (1) 6ft. skirted table, (2) chairs, and an identification sign. Space will not have back or side drape. All signage, products and literature must fit on the tables. Your table display cannot exceed 10’ x 8’ ft. without consent from NAON. The height of the display cannot exceed 8 feet, including the table height. Excessive volume produced from the operation of any equipment or apparatus is not permitted.

Exhibit Fees and Payment

All rates are outlined in the Exhibit Tabletop Section. A payment of 100% of the total cost of a reserved tabletop or sponsorship must be submitted within 30 days of signing your contract. After April 1, 2024, full payment is required with contract and no refunds will be made on cancellations. Receipt of payment does not oblige NAON to accept a contract as binding. NAON retains the option of returning funds. NAON Reserves the right to reassign an exhibit tabletop space if the Exhibitor fails to remit 100% payment by the deadline date.

Credit card payments can be made online using American Express, MasterCard or Visa. Checks must be payable to NAON and can be remitted to the following address via the U.S. Postal Service:

NAON Sales

8281 Solutions Center

Chicago, IL 60677-8002

For ACH/wire payments, please email exhibit@orthonurse.org for remittance instructions.

NAON reserves the right to hold or revoke Exhibitor badges for any Exhibitor with an unpaid balance and to instruct all official show contractors to deny goods and services.

Cancellation of Full or Partial Space by Exhibitor

Cancellation of tabletop space or sponsorship must be made in writing to NAON before January 30, 2023. If received before this date, refunds, less an administrative fee of $100 per tabletop will be made at the conclusion of the conference. No refunds will be granted if cancellation is received after January 30, 2023, and companies are liable for contracted total. Cancellation of tabletop space or sponsorship will not be refunded after contracted, and companies are liable for contracted total.

Cancellation of exhibit space must be directed via email to the NAON Tradeshow Manager exhibit@orthonurse.org provided that the cancelling Exhibitor obtains confirmation of NAON’s receipt of the email on or before the cancellation deadline.

For cancellations of space received between the initial contract send date through January 30, 2023, exhibitor is responsible for, and NAON shall be entitled to retain, 50% of the total Exhibit Fee as a cancellation fee. Should an Exhibitor cancel a portion of its space on or after January 30, 2023, Exhibitor is responsible for, and NAON shall be entitled to retain, 100% of the total Exhibit Tabletop Fee as a cancellation fee. Sponsorships are non-refundable.

Full payment is required, and no refunds whatsoever will be made on cancellations or reductions of space on or after January 30, 2023. Should an Exhibitor cancel even partial space on or after January 30, 2023, Exhibitor is responsible for the full Exhibit Fee for the originally contracted exhibit space.

Notwithstanding the foregoing, Exhibitor will have no right to cancel all or any portion of assigned exhibit space or this Contract subsequent to NAON’s cancellation of the Event pursuant to Section 7.

Show Cancellation

If for any reason beyond NAON’s control NAON determines that the NAON 44th Annual Congress must be cancelled, shortened, delayed, dates changed, or otherwise altered or changed (including full virtual), Exhibitor understands and agrees that NAON shall not refund any amounts Exhibitor paid towards the Exhibit Tabletop Fee and that all losses and damages that it may suffer as a consequence thereof are its responsibility and not that of NAON or its directors, officers, employees, agents or subcontractors. Exhibitor understands that it may lose all monies it has paid to NAON for space at the Event, as well as other costs and expenses it has incurred, including travel to the Event, setup, lodging, decorator freight, employee wages, etc.

Eligibility to Exhibit

Notwithstanding any other provision in the Agreement, NAON reserves the right to determine the eligibility of any exhibitor for inclusion in the 44th Annual Congress and to prohibit an exhibitor from conducting and maintaining an exhibit if, in the sole judgment of NAON, the exhibitor or tabletop or proposed exhibit shall in any respect be deemed unsuitable. The foregoing prohibition relates to persons, conduct, articles or merchandise, printed materials, souvenirs, catalogs, and any other items, without limitation, which reflect the character of the exhibit.

Promotional Activities

Further, Exhibitor shall not engage in any promotional activities, which NAON determines to be outside the purpose and/or character of the NAON 44th Annual Congress as determined by NAON in its sole discretion.

Retail Sales

No retail sales, where payment is received and product delivered, are permitted within the tabletop area at any time. Payment and/or orders may be taken for future delivery.

Intellectual Property Matters

The Exhibitor represents and warrants to NAON that no materials used in or in connection with its exhibit infringe the trademarks, copyrights (including, without limitation, copyrights in music and other materials used or broadcast by Exhibitor) or other intellectual property rights of any third party. The Exhibitor agrees to immediately notify NAON of any information of which Exhibitor becomes aware regarding actual or alleged infringement of any third party’s trademarks, copyrights or other intellectual property rights. The Exhibitor agrees to indemnify, defend and hold NAON, officers, directors, employees, agents, successors and assigns harmless from and against all losses, damages and costs (including attorneys’ fees) arising out of or related to claims of infringement by Exhibitor, its employees, agents, or contractors of the trademarks, copyrights and other intellectual property rights of any third party.

Notwithstanding the foregoing, NAON, its officers, directors, employees, agents, and each of them, shall not be liable for and expressly disclaims all liability for infringement or alleged infringement of the trademarks, copyrights or other intellectual property of any third party arising out of the actions of any Exhibitors. The terms of this provision shall survive the termination or expiration of this Contract.

Use of NAON Name

NAON, NAON 44th Annual Congress, and Event logo are registered trademarks owned by the NAON. Participation by Exhibitor in the Event does not entitle Exhibitor to use such names or logos, except that Exhibitor may reference the Event and use the Event logo with reference to Exhibitor’s participation as an exhibitor at the NAON 44th Annual Congress.

Participation in the Event does not imply endorsement or approval by NAON of any product, service or participant and none shall be claimed by any participant.

Badges

Exhibitor will be provided (2) complimentary Exhibitor badges per tabletop. Exhibitor badges are for Exhibitor’s full and part time employees or contractors.

Minimum Age of Admission

Children under the age of 18 are not permitted in the Exhibit Tabletop Area at any time.

Indemnification

Exhibitor agrees that it will indemnify, defend and hold Show Management, NAON, their respective officers, directors, employees, agents and each of them, harmless from and against a) the performance or breach of this Contract by Exhibitor, its employees, agents or contractors; b) the failure by Exhibitor, its employees, agents or contractors to comply with applicable laws, regulations and ordinances; and c) the act, omission, negligence, gross negligence, or willful misconduct of Exhibitor, its employees, agents, contractors, licensees, guests, or invitees. This indemnification of Show Management by Exhibitor is effective unless such injury was caused by the sole gross negligence or willful misconduct of Show Management. Exhibitor agrees that if Show Management or NAON is made a party to any litigation commenced by or against Exhibitor, or relating to this Contract or the premises leased hereunder, then EXHIBITOR WILL PAY ALL COSTS AND EXPENSES, including attorneys’ fees, INCURRED BY OR IMPOSED UPON SHOW MANAGEMENT OR NAON BY REASON OF SUCH LITIGATION. THE TERMS OF THIS PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT.

Registration

All exhibitors must be registered to attend the conference, and no one will be admitted to the conference without a badge.

Exhibit Setup & Dismantle

Set-up of tabletops will commence in the Galt House Hotel (“Facility”), Louisville, KY, at 8:00 a.m., Saturday, May 18, 2024. If a tabletop is not set up by 2:00 p.m., Saturday, May 18, 2024, NAON reserves the right to re-assign such space to another exhibitor or to make such other use of the space as deemed necessary or appropriate.

NAON reserves the right to set up the tabletop or remove the freight from the tabletop at the exhibitor’s expense. No refund will be made to the original contracting exhibitor. NAON reserves the right to modify setup, exhibit, and dismantle hours in which case all exhibitors will be notified. Empty boxes cannot be stored behind the tabletop. They must be removed from the foyer space prior to the start of the 44th Annual Congress opening and cannot be returned prior to the conclusion.

No part of any tabletop, or signs relating thereto, shall be posted, nailed, or otherwise attached to columns, walls, floors, or other parts of the building or its furniture, in any way to deface same. Damages arising from failure to observe these rules shall be payable by the exhibitor.

Tabletops are to be kept intact until the conclusion of the exhibit hall on Monday, May 20, 2024, at 2:00 p.m. All tabletops are to be fully removed starting at 5:00 p.m., Monday, May 20, 2024. If tabletops are not removed by the specific time, NAON has the right to remove tabletop and charge the expense to the Exhibitor.

Any Exhibitor who begins dismantling and removal of their display before the close of the 44th Annual Congress may lose the privilege of exhibiting at future congresses. This rule will be strictly enforced.

Failure to Occupy Space

The exhibitor, as specified in these rules and regulations, will forfeit space not occupied by the close of the exhibit installation period. This space may be resold, reassigned, or used by the exhibit management. There will be no refund for space not occupied.

Subletting Prohibition

Exhibitors may not assign or sublet this contract or permit others to use any contracted exhibit space without the express approval of NAON Show Management. Exhibitors must display only products or services manufactured or sold by them in the regular course of business. The featuring of names or advertisements of non-exhibiting firms or businesses will not be permitted. If an article of a non-exhibiting firm or business is required for the operation or display of any Exhibitor’s wares, identification of such article shall be limited to the usual and regular nameplates, imprinting, or trademarks under which the article is sold in the regular course of business.

Canvassing by Non-Exhibitors

The 44th Annual Congress is limited to registered attendees as well as registered representatives of firms, professional organizations and dealers who have contracted with NAON for exhibit space and/or sponsorship. No other persons or concerns will be permitted to demonstrate their products or distribute advertising materials at any time during Congress.

Pre-Show/Post-Show Attendee Lists

Each exhibiting company is entitled to receive a complimentary copy of the pre- and post-show attendee list with the purchase of a tabletop space. The pre-show and post-show attendee mailing list are for one-time use mailing of a single packet of advertising or other information and materials to promote their own products or services in conjunction with the Congress. Use of mailing lists is exclusive to exhibiting companies and is non-transferable. The list of names and addresses is, and remains, the sole and exclusive property of NAON, and may not be used for any purpose, or incorporated into any other list or database, without NAON's express written consent. Lists contain decoy names to detect unauthorized or illegal use. NAON does not provide e-mail addresses, fax numbers or phone numbers to Exhibitors on the pre-show or post-show attendee lists. Attendees may choose to provide their e-mail address, fax numbers and/or phone numbers to Exhibitors in their tabletop. The Exhibitor agrees not to violate the above rules pertaining to the pre-show and/or post-show attendee list.

Use of Space-General

No Exhibitor will be permitted to display or distribute literature or any promotion outside the confines of the assigned tabletop unless written permission is given by NAON Show Management. Display of promotional material in public areas or education session rooms of the Galt House Louisville are strictly prohibited. NAON also reserves the right to remove, at Exhibitor’s cost, any promotional material or product deemed by Show Management as not suitable for display at the NAON 44th Annual Congress.

Exhibitors are prohibited from possessing, displaying or depicting any products or components or company names in their tabletop which could be interpreted as being a promotion of another company.

No exhibit will be permitted which interferes with the use of other exhibits or impedes access to them or impedes the free use of the aisles.

Helium balloons, lighter-than-air objects, gummed stickers or labels will not be permitted as handouts/souvenirs. Distribution by Exhibitors, or their agents, of any printed materials, souvenirs or other articles shall be restricted to the Exhibitor’s tabletop.

Any special promotions, music or stunts planned for the Galt House must be cleared with NAON. Details should be submitted to Show Management via email to exhibit@orthonurse.org at least 10 business days prior to the start of the Event. NAON reserves the right to designate specific days and hours during which special promotions and stunts may be conducted if they are permitted at all.

NAON reserves the right to control all suites and meeting rooms in Galt House. These controls have already been set up with the proper person in each property. To request meeting space and/or a hospitality room, please reach out to lkrehbiel@orthonurse.org. No meetings, private functions, including lunch meetings, or entertainment can be scheduled during Show Hours. Activities that conflict with the nature of the NAON 44th Annual Congress are not permitted.

• NAON allows drawings, games of chance and raffles in the exhibit space, subject to the prior written approval of NAON. Exhibitor must abide by all Kentucky statutes and regulations regarding drawings, games of chance and raffles.
• No animals are permitted in the Facility other than service animals.

Exhibitor must abide by all of the General Policies, Rules, and Regulations of the Facility, a copy of which is included in the Service Manual, made available to Exhibitor. The Facility has reserved the right to update, change or amend its rules and regulations after publication in the Service Manual. To obtain a copy of the General Policies, Rules, and Regulations of the Facility prior to publication in the Service Manual, Exhibitor may email exhibit@orthonurse.org.

Exhibitor shall be responsible for compliance with the Americans with Disabilities Act. Exhibitor shall indemnify, defend and hold Show Management harmless from any and all claims, costs, expenses or other damages, arising out of Exhibitor’s breach of this provision consequences of Exhibitor’s failure in this regard. The terms of this provision shall survive the termination or expiration of this Contract. For more information on the Americans with Disabilities Act and how to make exhibit space accessible to persons with disabilities, please contact:

U.S. Department of Justice ADA, Civil Rights Division Disability Rights Section, NYAV 950 Pennsylvania Avenue, NW Washington, D.C. 20530 USA phone: +1.800.514.0301 (voice) +1.800.514.0383 (TTY), website: www.ada.gov

K.  NAON does not use an official housing company, but provides direct booking links to all attendees and exhibitors and other companies may not provide the prices, service and reliability available from booking direct with NAON. If you are contacted by ANY company except NAON about hotel reservations for the NAON 44th Annual Congress, please inform Show Management at exhibit@orthonurse.org. NAON shall not be responsible for any damages or costs related to Exhibitor making hotel reservations via an unauthorized solicitation of hotel reservations.

L.   All exhibiting personnel must be properly and modestly clothed.

M. Exhibitor, at NAON’s sole discretion, is prohibited from taking videos and photographs in the exhibit space, other than their own display. Aerial photography, videography or stunts of any kind by an Exhibitor, i.e. drones, are strictly prohibited. The Exhibitor acknowledges and agrees that NAON, its employees and contractors may take photographs/videos, which could include images of Exhibitor, its name and logo, its representatives and its exhibits while attending the Exhibition. Exhibitor hereby consents to and grants to the NAON and its affiliates, the unrestricted, perpetual, worldwide, royalty-free and transferable right and license to use (and grant others the right to use) the images worldwide without any compensation. Exhibitor acknowledges that NAON is the sole and exclusive owner of all rights in the images and hereby waives (a) any and all rights in and to such images, and (b) any and all claims Exhibitor and its representatives may have relating to or arising from the images or their use.

N. Music at the tabletops or at any of Exhibitor’s function held in conjunction with the Event is subject to applicable copyright and licensing fees. It is the sole responsibility of the Exhibitor to pay applicable fees.

23. Meetings & Displays Outside the Exhibit Space

In order to ensure the success of the Event and avoid dilution of benefits extended to all partners, Exhibitor may not extend invitations, call meetings or otherwise encourage absence of other exhibitors/sponsors attendees from any program or other component of the Event during Show Hours or any function sponsored in connect with the Event without prior notice to and approval by NAON.

Absolutely no exhibits are permitted outside the Facility. There are to be no displays in hotel rooms, hotel public areas or other facilities or areas contracted or used by NAON.

24. Fire Regulations

A. All materials used in exhibit spaces must be of a non-flammable nature. Electric signs and equipment must be wired to meet the specifications of the Facility and the Louisville, KY Fire Prevention Division.

B. If Exhibitor has equipment that produces heat, smoke or open flames as an integral part of product demonstration, Exhibitor must provide ventilation, safety equipment and proper insulation and utility connections meeting all local fire regulations. Under such circumstances, Exhibitor must also receive written approval of plans from the Facility, the Louisville, KY Fire Prevention Division and from NAON.

C. A complete list of all fire regulations is included in the Service Manual. The Louisville, KY Fire Prevention Division has reserved the right to update, change, or amend its rules and regulations after publication in the Service Manual.

25. Labor Relations

A. Full-time employees of Exhibitor may set up Exhibitor’s own exhibits without assistance from the local union. Any labor services that may be required beyond what Exhibitor’s regular full-time employees can provide must be rendered by union personnel. Proof of full-time employment status may be requested by the Union Steward of any personnel working in Exhibitor’s space.

B. If Exhibitor intends to use an Exhibitor Appointed Contractor (EAC) to install and/or dismantle their tabletop, Exhibitor must register their EAC no later than April 30, 2024. An EAC registration form can be requested by emailing exhibit@orthonurse.org. An original Certificate of Insurance must be filed with NAON in order for any EACs to gain access to the exhibit space.

C. Exhibitor may hand-carry its own materials into the exhibit facility. The use or rental of dollies, flat trucks and other mechanical equipment, however, is not permitted. The Galt House controls access to the loading docks in order to provide for a safe and orderly move-in/out. Only full-time employees of the exhibiting company are allowed to hand carry items.

26. Warranties

NAON makes no warranties, either express or implied, as to the availability or suitability of the contractors, services and/or equipment of the Facility, NAON, or their respective employees, agents or contractors.

27. Amendments/Interpretation

NAON reserves the right to amend and enforce this Contract. Written notice of any amendments shall be given to Exhibitor. Exhibitor, for itself, its agents and employees, agrees to abide by this Contract set forth therein, or by any subsequent amendments. NAON reserves the sole right to interpret this Contract. All interpretations are final and are not subject to review or to appeal. Exhibitor, in the sole interpretation of NAON shall be subject to disciplinary action up to and including ejection from the Event and refusal to participate in any future events of NAON.

28. Enforcement/Miscellaneous

This Contract is governed by Illinois law and the Exhibitor consents to the exclusive jurisdiction of the State and Federal courts seated in Cook County, Illinois, with respect to any action arising out of this Contract or NAON. The parties explicitly acknowledge and agree that the provisions of this Contract are both reasonable and enforceable. However, the provisions of this Contract are severable and, as such, the invalidity of any one or more provisions shall not affect or limit the enforceability of the remaining provisions. Should any provision be held unenforceable for any reason, then such provision shall be enforced to the maximum extent permitted by law.

This Contract will be binding on the Exhibitor’s heirs, successors and assigns.

29. Limitation of Liability

IN NO EVENT SHALL THE FACILITY, NAON 44th Annual Congress, NAON, THEIR OWNERS, MANAGERS, OFFICERS OR DIRECTORS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY "NAON PARTIES") BE LIABLE TO THE EXHIBITOR OR ANY THIRD PARTY HIRED BY OR OTHERWISE ENGAGED BY THE EXHIBITOR FOR ANY LOST PROFITS OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARISING OUT OF THIS APPLICATION AND CONTRACT OR CONNECTED IN ANY WAY WITH USE OF OR INABILITY TO USE THE SERVICES OUTLINED IN THIS APPLICATION AND CONTRACT OR FOR ANY CLAIM BY EXHIBITOR, EVEN IF ANY OF THE NAON PARTIES HAVE BEEN ADVISED, ARE ON NOTICE, AND/OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. EXHIBITOR AGREES THAT NAON PARTIES’ SOLE AND MAXIMUM LIABILITY TO EXHIBITOR, REGARDLESS OF THE CIRCUMSTANCES, SHALL BE THE REFUND OF THE EXHIBIT FEE. EXHIBITOR AGREES TO INDEMNIFY AND DEFEND THE NAON PARTIES FROM ANY CLAIMS BROUGHT BY A THIRD PARTY HIRED BY, OR ENGAGED BY THE EXHIBITOR FOR ANY AMOUNT BEYOND THE EXHIBIT FEE. FURTHER, EXHIBITOR AGREES TO PAY ALL ATTORNEYS’ FEES AND COSTS INCURRED BY NAON PARTIES ARISING OUT OF, OR IN ANY WAY RELATED TO, THIS CONTRACT. EXHIBITOR SHALL BE SOLEY RESPONSIBLE FOR ITS ATTORNEYS’ FEES AND COSTS.