IAAPA Trade Summit and Events Policy
IAAPA Intellectual Property Policy and Procedures
IAAPA Board of Directors adopted a policy and procedures document regarding intellectual property for companies who purchase 1) exhibit space for any IAAPA expo or event, 2) sponsorship for any IAAPA expo or event, 3) or advertising for any IAAPA publications.
In general, this policy requires the purchasing company to attest that it owns or has rights to sell the product and in the event of a dispute will abide by a binding arbitration process.
We strongly encourage our manufacturers, and consultant members to become familiar with this policy to make sure you comply with its provisions.
- Policy and Procedures Language
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It is the policy of the association for those who provide products or services to the amusement industry and seek to take advantage of the opportunity to purchase advertising in IAAPA publications, to acquire sponsorships of IAAPA programs or events, or to rent exhibition space at IAAPA trade shows, events, and expos in the United States or abroad, as a condition of being provided that opportunity by IAAPA, are required without exception to accept and adhere to the IAAPA Policy and Procedures on Intellectual Property.
The IAAPA Policy and Procedures on Intellectual Property will be periodically reviewed and, if necessary, revised by the Board; and
IAAPA executive staff is empowered and directed to implement and enforce the IAAPA Policy and Procedures on Intellectual Property and to report at appropriate times to the Board on the progress of that implementation.
- General
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- The International Association of Amusement Parks and Attractions (IAAPA) is the largest international trade association for permanently-situated amusement facilities worldwide and is dedicated to the preservation and prosperity of the amusement industry.
- IAAPA provides a variety of opportunities for those who provide products and services to the amusement industry represented by IAAPA to interface with the IAAPA members and non-members in the industry through media and events owned and operated by IAAPA for the betterment of the industry.
- IAAPA has a strong interest and desire to assure a “level playing field” and fair and appropriate business practices by all who assist and serve the amusement industry and utilize or participate in IAAPA media or events respectively.
- IAAPA in particular is committed to reducing or eliminating questions, issues, conflicts, controversies or contests over the ownership or use of intellectual property (IP) in connection with IAAPA advertising, sponsorships or exhibits.
- Those who provide products or services to the amusement industry and seek to take advantage of the opportunity to purchase advertising in IAAPA publications, to acquire sponsorships of IAAPA programs or events, or to rent exhibition space at IAAPA trade shows, events, and expos in the United States or abroad, as a condition of being provided that opportunity by IAAPA, are required without exception to accept and adhere to this IAAPA Policy and Procedures on Intellectual Property.
- Features
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- Every individual or firm that purchases advertising in any IAAPA publication, whether paper or digital; that acquires an individual or joint sponsorship of any IAAPA event or program, or portion of an event or program; or that rents exhibition space at any IAAPA owned and operated trade show, event, or exhibition in the U.S. or elsewhere shall, as a condition of that participation, agree to the terms of this IAAPA Policy and Procedures on Intellectual Property.
- In particular, IAAPA advertising, sponsorship and exhibitor contracts will all contain a non-negotiable provision whereby the purchasing/acquiring /renting firm agrees that any claim or dispute over ownership, use, registration or assignment of intellectual property arising under the terms of this IAAPA Policy and Procedures on Intellectual Property will be resolved for purposes only of the IAAPA advertising, sponsorship or exhibition by IAAPA under the terms of this IAAPA Policy and Procedures on Intellectual Property. For these purposes, “intellectual property” or “IP” may consist of patents, trademarks or copyrights, whether registered or not in any country, as well as names, logos, titles, designs, decorations, etc.
- The contract provisions in the IAAPA advertising, sponsorship and exhibitor contracts will stipulate and clarify that the resolution of intellectual property claims or disputes over IP ownership under this IAAPA Policy and Procedures on Intellectual Property is limited in its scope and purpose to impacts and effects upon the appearance of that IP in IAAPA advertising, sponsorships or exhibits. The resolution will have no effect, and the contracting firm specifically agrees to not assert any effect of that resolution, upon judicial, regulatory, or other legal forums in any country. In short, any resolution reached under the IAAPA Policy and Procedures on Intellectual Property is for the purposes of carrying on IAAPA advertising, sponsorships and exhibit programs exclusively and is not a legal adjudication for any other purposes.
- Any party may lodge a complaint with IAAPA under this IAAPA Policy and Procedures on Intellectual Property that an IAAPA advertiser, sponsor or exhibitor is using IP without authorization that is owned, available for use, or assigned to the Complainant or to a third party other than the individual or firm that is an IAAPA advertiser, sponsor or exhibitor. The complaint must be in writing and signed by the Complainant. It must include written information, graphic representations, legal documents or other factual information sufficient for IAAPA or its designated Adjudicator to resolve the matter and to determine that the complaint is not inadequately brief and unsupported or merely frivolous. If IAAPA determines that the complaint is inadequately supported or frivolous, the Complainant will be advised of that determination and there will be no further action on the complaint under this IAAPA Policy and Procedures on Intellectual Property. Where IAAPA determines that the complaint is adequately supported and not frivolous, it will use best efforts to advise the Respondent IAAPA advertiser, sponsor or exhibitor of the complaint including the identity of the Complainant and the facts alleged.
- Each complaint must be accompanied by a fee of USD $2,500. Complaints not accompanied by this fee will not be considered under this IAAPA Policy and Procedures on Intellectual Property. If IAAPA determines that the complaint is inadequately supported or frivolous, the fee will be returned to the Complainant.
- For any such complaint, IAAPA will, through its CEO in the CEO’s sole discretion, assign and appoint an expert Adjudicator or Adjudicators, with credentials that IAAPA, again in its sole discretion, deems appropriate and adequate to resolve the matter, with IAAPA taking into account the need for expeditious resolution when the matter is time-sensitive. IAAPA will inform the Complainant and the Respondent of the identity and credentials of the appointed Adjudicator for the purpose of permitting either to raise issues of possible bias or conflicts of interest; for any such issues raised in writing and adequately supported IAAPA will resolve them in its sole discretion.
- The Adjudicator will establish and disclose to the Complainant and Respondent whatever procedures and timetable the Adjudicator deems reasonable in resolving the complaint. The Adjudicator, in his/her sole discretion, may interview the Complainant and/or Respondent privately or together; may discuss the matter with third parties or access any public or private information available to the Adjudicator, and may otherwise conduct any research or make any inquiries that the Adjudicator chooses. The Complainant or Respondent may consult with attorneys or other consultants, or engage them as spokespersons; but the Adjudicator will accord no special or additional scheduling concessions or other privileges as a result; and the Adjudicator will specifically not consider or entertain at either party’s request any judicial-type motions, filings or other such procedures. The Adjudicator may request that the Complainant or Respondent provide any information that the Adjudicator deems relevant; the failure of either to do so may be taken into account by the Adjudicator in issuing his or her resolution. Likewise the failure of the Complainant or the Respondent to cooperate in any other way requested by the Adjudicator may be taken into account by the Adjudicator in issuing his or her resolution.
- In any complaint involving an ongoing IAAPA exhibition, or other ongoing or impending publication, service or event, where an expeditious resolution is essential, the Adjudicator should require extraordinarily strong evidence of impropriety or infringement by the Respondent as the basis for an expeditious/ emergency resolution.
- In any complaint which is the subject of ongoing litigation, arbitration or adjudication in any other forum anywhere in the world, the Adjudicator has the prerogative to either proceed with a resolution exclusively for IAAPA purposes or to not proceed, in the Adjudicator’s sole discretion.
- The Adjudicator will issue a resolution to the Complainant, the Respondent and IAAPA as soon as possible, recognizing that time may be of the essence in many circumstances such as during an IAAPA trade show or expo or with an impending IAAPA publication deadline. Such a time limitation may require the Adjudicator to limit the investigation in his or her discretion.
- The resolution shall address exclusively the availability, or continued availability, to the IAAPA advertiser, sponsor or exhibitor of access to the IAAPA medium, program, publication or event. The advertiser, sponsor or exhibitor must immediately adjust its activities or pronouncements to be consistent with the Adjudicator’s resolution or otherwise forfeit the right to continued participation.
- If the resolution requires the Respondent to remove or dismantle products or displays from an IAAPA exhibit space, the Respondent will do so as soon as that can be accomplished and will, while awaiting the removal or dismantling, cover the products or displays from view during exhibit hours.
- Where the Adjudicator has issued a resolution against the Complainant and in favor of the Respondent, the initial fee paid by the Complainant is forfeited and will not be returned. Where the Adjudicator has issued a resolution against the Respondent and in favor of the Complainant, the initial fee paid by the Complainant must be paid by the Respondent to IAAPA and will be reimbursed by IAAPA to the Complainant. Failure by the Respondent to pay the fee to IAAPA will automatically disqualify the Respondent from any future access to IAAPA advertising, sponsorship or exhibits until the fee is paid. The IAAPA Board of Directors may determine that a Respondent who has failed to pay the fee under this IAAPA Policy and Procedures on Intellectual Property should be removed from existing IAAPA membership or disqualified from future IAAPA membership.
- Liability and Legal
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- The Complainant and the Respondent each releases, holds harmless, indemnifies and defends IAAPA, the Adjudicator(s) appointed by IAAPA, and IAAPA’s volunteer and executive leadership from any liability arising in any way from promulgation or enforcement of this IAAPA Policy and Procedures on Intellectual Property.
- The Complainant and the Respondent each further represents and warrants that it will accept and bring no challenge in any forum to challenge or seek to overturn or modify the resolution of the Adjudicator under this IAAPA Policy and Procedures on Intellectual Property including but not limited to in judicial review in any court in any country.
- The Complainant and the Respondent each finally commits that it will not reference or refer to the resolution of the Adjudicator under this IAAPA Policy and Procedures on Intellectual Property as support for, or evidence of, intellectual property rights before any agency, court or other decision-making body in any country.
- Liability, Hold Harmless
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By registering for or attending an IAAPA-sponsored Summit or other event, I acknowledge and agree that IAAPA shall not be liable for any claims, losses, damages, death, injuries, communicable disease, illness, or other liability which may be sustained by any person who may be on the premises for the event, including but not limited to any registrant, attendee, or agent, employee, representative or guest thereof, or any other person or entity. I agree to hold harmless IAAPA from any and all claims, losses, damages, death, injuries, communicable disease, illness, or other liability whatsoever, whether to property, person or otherwise, that may arise in connection with attendance at the event.
In no event will IAAPA be liable to any registrant or attendee, whether in contract or tort, for any amount in excess of the fees paid by such. In no event shall IAAPA be liable, whether in contract or tort, for any indirect, consequential, exemplary, punitive or special damages or awards, including but not limited to lost profits.
- IAAPA Event and Summit Participant Guidelines for Appropriate Conduct
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IAAPA events and summits provide an ideal opportunity to exchange information, participate in education sessions, network, and buy and sell new products and services. IAAPA is committed to providing a friendly, safe, and welcoming environment for all, regardless of gender, sexual orientation, disability, race, ethnicity, religion, or national origin. We expect all attendees, journalists, speakers, staff, volunteers, organizers, venue staff, vendors, and exhibitors to help us ensure a safe and positive experience for everyone. The guidelines for appropriate behavior and conduct at all IAAPA events and summits are listed below. Also included are the expectations for participant behavior, as well as the consequences for unacceptable behavior.
Additional IP Policy Information
知识产权与展会政策
- Facets of Ethical and Appropriate Conduct
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- Be considerate, respectful, and collaborative.
- Refrain from demeaning, discriminatory, or harassing behavior or speech.
- Be mindful of your surroundings at all times.
- Alert event venue security or a member of the IAAPA team if you notice a dangerous or harassing situation or someone in distress.
- Unacceptable Conduct
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Unacceptable behaviors include: intimidating, threatening, harassing, physically or verbally abusive, discriminatory, derogatory, or demeaning conduct by any participant at the event or at any related event activities. All who participate in the event deserve respectful treatment, regardless of the capacity in which they are attending.
IAAPA defines harassment to include: offensive verbal comments or clothing related to gender, sexual orientation, race, religion, national origin, gender identity, or disability; use of nudity and/or sexual images in public spaces (including presentation slides); deliberate intimidation, stalking or unwelcome following; harassing photography or recording; sustained disruption of talks or other events; unwelcome physical contact or sexual attention.
Attendees often combine professional activities with social interaction with other attendees and while IAAPA encourages such networking and strengthening of connections between participants, IAAPA reserves the right to remove anyone whose social attentions become unwelcome to another, particularly if the behavior continues after their unwelcome nature has been communicated to the offending individual. IAAPA also reserves the right to remove any participant who appears inebriated or engages in conduct that interferes with the ability of others to participate in and enjoy the event. Weapons of any kind are prohibited at IAAPA events. - What to do if You Witness or Experience Conduct That Violates the Guidelines
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Conduct in violation of these guidelines should be brought promptly to the attention of event security or any IAAPA staff member.
- Consequences of Unacceptable Behavior
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Unacceptable behavior will not be tolerated at the events, whether by attendees, journalists, speakers, volunteers, organizers, venue staff, sponsors, or exhibitors. Anyone asked to stop unacceptable behavior is expected to comply immediately. IAAPA expects all attendees and exhibitors to abide by guidelines at all event venues and event-related social activities as a condition of attendance. IAAPA, in its discretion, may bar those who violate these guidelines from continued attendance or participation in some or all of the event, without refund of any fees paid, and may in appropriate circumstance bar violators of these policies from attendance or participation at future events.
- Antitrust Policy
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Pursuant to section 2.02 (a) of the association’s bylaws, it is the policy of the association that IAAPA complies strictly with the letter and spirit of all federal and state antitrust laws, rules, and regulations applicable in any jurisdiction in which the association or its members do business. Any activities of the association or association-related actions of its staff, officers, directors, or members that violate these regulations and laws are detrimental to the interests of the association and are unequivocally contrary to association policy. As such, all directors, officers, committee members, employees, and staff will be advised of the areas of antitrust concern to IAAPA and are responsible for understanding and monitoring adherence to the antitrust policy.
This policy applies both to activities within IAAPA and to any joint activities that involve IAAPA with other entities, associations, and organizations. However, the policy is necessarily general and cannot anticipate every issue that may emerge. Therefore, it is very important that IAAPA employees, officers, directors, and members consult with legal counsel whenever questions or issues arise concerning application of this policy and the antitrust laws in general.
Implementation of the antitrust compliance policy of IAAPA shall include, but not be limited to, the following:
- The association membership, Board of Directors, and all other committee meetings shall be conducted consistent with this policy and pursuant to agendas distributed to attendees; discussions shall be limited to agenda items and minutes of all meetings shall be kept and distributed to attendees promptly.
- All association activities or discussions shall be avoided which might be construed as tending to: (a) address fees, including raising, lowering, or stabilizing prices; (b) regulate production; (c) allocate markets; (d) encourage boycotts; (e) foster unfair trade practices; (f) assist in monopolization or in any way violate applicable regulations and antitrust laws in any jurisdiction.
- No officer, director, or member of the association shall make any representation in public or in private, orally or in writing, which states or appears to state an official policy or position of the association without specific authorization to do so.
- Outboarding Policy
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Outboarding is defined as marketing, sales, and hospitality events conducted by exhibitors and others capitalizing on the presence of buyers and/or sellers attending the original show without previously notifying the original show organizer and finagling an arrangement that benefits both parties. This practice is considered unethical and is condemned by IAAPA. It includes practices such as “coat-tailing”, “piggy-backing”, co-location of events, and large scale hospitality events, particularly during show hours.
- Suitcasing Policy
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Please note that while meeting attendees are invited to the exhibition, any attendees who are observed to be soliciting business in the aisles or other public spaces or in another company’s booth will be asked to return their badges and to leave the show floor immediately. Violators will not be allowed to return to the show and no refunds will be made. Additional penalties may apply. IAAPA asks that both attendees and exhibitors report any violations they may observe to the IAAPA staff member.
General
As the sponsor of the Events and Summits, IAAPA reserves the right to prohibit and prevent the attendance, participation, registration, exhibition or any individual or firm for any reason with the exclusive discretion of IAAPA. IAAPA need not disclose or describe the reasons for its decision to do so.
- IAAPA Events and Summits Guidelines
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In addition to compliance with above IP, Outboarding and Suitcasing Policies, the following also apply:
- No photography or video is permitted without prior approval of Exhibitor.
- Name badges are not transferable and cannot be reproduced, altered or swapped.
- Lost or misplaced name badges can be replaced for US$50 / EUR 40. Badges registered with no fee will be charged US$50 / EUR 40.
- Lost or misplaced special event tickets can be repurchased at full cost.
- Personal safety and the security of personal effects is the responsibility of each registrant.
- No hoverboards or Segways are permitted on the trade show floor.
- NOTICE: Weapons of any kind prohibited.
- Random bag checking may take place during an IAAPA Events and Summits. Failure to consent to random bag checking or submit to inspection may result in denial of entry.
Failure to adhere to those Guidelines can result in the confiscation of name badge and removal from event.
- Photography, Broadcast, and Livestreaming
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Only escorted members of the Press are allowed to photograph booths. Attendees must obtain permission from the exhibitor before photographing a booth. Selfie sticks and Periscoping or Livestreaming or any kind is not permitted. A violation of this policy is a violation of IAAPA Show Guidelines.
Events and Summits Registration Policies
- Badges
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Badges are not transferable. Reproduction, sharing or swapping or name badges is not permitted. Failure to adhere to Show Policies can result in confiscation of name badge and removal from the facility. Badges must be worn at all events. IAAPA is not shipping any attendee name badges or purchased special event tickets in advance. All attendee name badges and purchased special event tickets can be collected at Registration with a copy of your confirmation email, photo ID and business card. Every attendee must collect their own name badge.
- Identification
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All attendees will be required to provide a picture ID and business card to collect their badge, purchased tickets on-site. Students and Faculty will be required to provide a current student or faculty ID from a degree-granting university or college.
- Lost Badges or Purchased Tickets
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Lost, stolen or misplaced badges must be repurchased for 50% of the paid cost. Purchased Special Event tickets must be repurchased at full cost. If the originals are located and returned within 24 hours, you must submitt to IAAPA a written request for a refund after the show. No refunds will be processed on site. IAAPA will evaluate each refund request on a case-by-case basis.
- Cancellation Policy
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We understand that the fast-changing circumstances related to COVID-19 regulations make a constant review of cost and travel commitments necessary for everyone. IAAPA will confirm the status of IAAPA EMEA Trade Summit by latest Wednesday, 6 January 2021.In case IAAPA decides to cancel the event, a full registration fee refund will be applied.
In case attendees decide to cancel their participation, IAAPA will assess cancellation requests on a case-by-case basis and ensure that cancellation fees are due in the amount of actual costs incurred only.
Please note that in the event of cancellation due to government-induced travel restrictions, attendees will be fully refunded if and only if, they can prove that their government has changed the travel regulations after their booking.Refund requests must be received in writing to [email protected].
- Participation
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IAAPA Events and Summits are only open to attractions industry professionals. They are not open to the general public. Only registrants wearing an IAAPA Summit badge will be allowed on the trade show floor.