ISHRS Exhibits Contract

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INTERNATIONAL SOCIETY OF HAIR RESTORATION SURGERY MEMBERSHIP AGREEMENT

For Exhibit Booths:

We are submitting full payment for the booth fees. We/I also agree to pay the $450 Booth Personnel Badge Fee for each of our exhibit representatives. By signing this document, we/I agree to abide by all rules and regulations set forth in the Exhibit Prospectus, Attendee Participation Agreement, including the Video, Photography, and Audio Recording Policy and the Policy on Ancillary Meetings at ISHRS Meetings,  and with all conditions under which exhibit space at the Sheraton Downtown Denver is leased to the International Society of Hair Restoration Surgery.

Acceptance of this Application by ISHRS constitutes a contract. No refund of any booth fees will be allowed for voluntary booth cancellation after August 22, 2024. Refer to the Exhibit Prospectus for Cancellation Policy.

For Exhibit Booths:

Affirmations

By submitting an application, you affirm the following:
* You have read, understand, and agree to be bound by the Exhibit Prospectus.
* In connection with your exhibit, you will not make statements or claims, or distribute materials with statements or claims:
which are false or misleading (e.g., scarless surgery);

regarding the efficacy of your products or services in diagnosing, curing, mitigating, treating, or preventing disease, or effecting the structure or any function of the body, which are not truthful, accurate, complete, and scientifically substantiated;

misrepresenting the significance of assessments, clearances, approvals, or other actions by a government authority with respect to your products or services;

suggesting you or your products or services are endorsed by the ISHRS;

which are inconsistent with the legal requirements applicable to you and your products or services.



which are false or misleading (e.g., scarless surgery);

regarding the efficacy of your products or services in diagnosing, curing, mitigating, treating, or preventing disease, or effecting the structure or any function of the body, which are not truthful, accurate, complete, and scientifically substantiated;

misrepresenting the significance of assessments, clearances, approvals, or other actions by a government authority with respect to your products or services;

suggesting you or your products or services are endorsed by the ISHRS;

regarding your products or services or their use, which are inconsistent with:

ISHRS’s Consumer Alert on Unlicensed Technicians Performing Hair Restoration Surgery,

ISHRS Position Statement on Qualifications for Scalp Surgery,

Misleading and Inappropriate Messaging Statement, and

Physician Practice Alert;

stating or implying a physiological effect if your products or services are cosmetics or nutritional supplements; or

In consideration for being granted membership in the ISHRS, you agree as follows:

  1. Membership. As an ISHRS member, you will enjoy the rights and privileges identified in the ISHRS’s Articles of Incorporation, Bylaws, and/or other policies. The ISHRS may alter member rights, privileges, and responsibilities in its discretion and without any liability to you.
  2. Dues. You agree to pay all dues established by the ISHRS in the manner and within the time specified by the ISHRS.
  3. Governing Documents Adherence. You agree to abide by the ISHRS’s Articles of Incorporation, Bylaws, Code of Ethics, Code of Ethics Disciplinary Procedures, Alert Regarding Misleading and Improper Messaging, and other ISHRS policies, procedures, and rules (collectively “Governing Documents”). Without limiting the foregoing, you agree the ISHRS may discipline you as provided in the Governing Documents.
  4. Disclaimer. You agree your ISHRS membership and any goods and services provided by the ISHRS in connection therewith (collectively “Services”) are provided AS-IS without any representations or warranties of any kind or nature express, implied, or statutory. The ISHRS disclaims all representations and warranties, express, implied, and statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, workmanship, and non-infringement to the fullest extent permitted by applicable law.
  5. Defense, Indemnification, and hold harmless. You shall defend, indemnify, and hold harmless the ISHRS and its directors, governors, officers, employees, volunteers, agents, and other representatives and contractors (collectively “Indemnified Parties”) against all claims, demands, actions, causes of action, losses, damages, costs, and expenses of any kind (including, without limitation, legal fees and costs), directly or indirectly resulting from, arising out of, or in any way related to your ISHRS membership.
  6. Waiver of Liability. YOU HEREBY WAIVE ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LOSSES, AND DAMAGES OF ANY KIND OR NATURE, YOU MAY HAVE AGAINST THE ISHRS AND/OR THE INDEMNIFIED PARTIES DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO YOUR MEMBERSHIP IN THE ISHRS INCLUDING, BUT NOT LIMITED TO, ANY DISCIPLINE IMPOSED ON YOU BY THE ISHRS. THIS WAIVER OF LIABILITY APPLIES TO ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LOSSES, AND DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, STATUTORY, CONTRACTUAL, OR DAMAGES OR LOSSES OF ANY OTHER KIND OR TYPE. THIS WAIVER OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS AND EVEN IF THE INDEMNIFIED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER OF LIABILITY SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
  7. Attorney’s Fees and Costs. Should the ISHRS require an attorney to: (i) defend any claim, action, or cause of action brought by you or by a third party regarding your ISHRS membership or conduct; and/or (ii) enforce the ISHRS’s rights under this Agreement, the ISHRS shall be entitled to recover reasonable attorney’s fees and any related fees and costs incurred by the ISHRS in connection therewith.
  8. Governing Law and Choice of Forum. This Agreement was entered into in the State of Illinois, and shall be governed by and construed in accordance with the substantive laws of the State of Illinois, excluding its choice of law rules. Any dispute arising out of this Agreement shall reside in either Cook County Circuit Court or the United States District Court for Northern Illinois.
  9. Miscellaneous. If any provision of this Agreement is unenforceable, the unenforceability of that provision shall not affect the enforceability of any other provision.

If the ISHRS agrees to waive its right in a particular instance to enforce any term of this Agreement, it does not waive its right to enforce such term at any other time. This Agreement constitutes the entire agreement between the ISHRS and you regarding the subject matter hereof. There are no representations, understandings, or agreements that are not fully expressed in this Agreement. All prior agreements, verbal or written, are no longer effective. Provisions 4 through 9 shall survive the termination of your ISHRS membership.