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In-Kind Donation Conditions

CONDITIONS


1) Statement of Purpose The educational activity is for scientific and educational purposes only and is not intended to promote the Donor’s products, directly or indirectly. The value of the support provided by the Donor does not and shall not exceed fair market value for the educational activities to be provided and such amount is not determined in any manner that takes into account any current or existing referrals or business between the parties.

2) Control of and Involvement in Content & Selection of Presenters and Moderators ASLMS is responsible for control of content and selection of presenters and moderators. There will be no “scripting”, emphasis, or direction of or influence on content by the Donor or its agents. Donor representatives must not be present in the room during instruction, so as not to influence educational content under planning and direction by the ASLMS; however, representatives must remain on call nearby and be available to assist immediately if equipment is malfunctioning or if course faculty have questions.

3) Disclosure of Financial Relationships ASLMS will ensure meaningful disclosure to the audience, at the time of the program, of any significant relationship between ASLMS and the Donor (e.g. grant recipient) or between individual speakers or moderators and the Donor. The parties acknowledge that certain state or federal laws now or in the future may require medical device and other companies to disclose information regarding compensation, gifts or other remuneration provided to physicians and other healthcare professionals. The parties may report or publish information about remuneration, the identity of the recipient, the monetary value of the funding, and the purposes for such funding provided, as required by law or as agreed to by the parties.

4) Ancillary Promotional Activities No promotional activities will be permitted in the same room or obligate path (surrounding space or place) as the educational activity. No product advertisements will be permitted in the program room. Any other promotion associated with this CME activity (e.g. promotion of a specific talk within the session) must be with the full knowledge and approval of ASLMS and, if approved, must include an appropriate disclaimer as provided by the ASLMS.

5) Objectivity & Balance ASLMS will make every effort to ensure that data regarding the Donor's products (or competing products) are objectively selected and presented, with favorable and unfavorable information and balanced discussion of prevailing information on the product(s) and/or alternative treatments.

6) Limitations on Data ASLMS will ensure, to the extent possible, meaningful disclosure of limitations on data, e.g., ongoing research, interim analyses, preliminary data, or unsupported opinion.

7) Discussion of Unapproved Uses ASLMS will require that presenters disclose when a product is not approved in the United States for the use under discussion.

8) Opportunities for Debate ASLMS will ensure meaningful opportunities for questioning or scientific debate.

9) Payments by Donor No other funds or compensation from the Donor will be paid to the program director, faculty, or others involved with the CME activity (e.g. additional honoraria, travel fees, extra social events, etc.). Any funds or compensation provided to such individuals, will be managed by ASLMS, independent of commercial influence and in compliance with the ASLMS Education Responsibilities and Remuneration policy.

10) Product If support is also provided by Donor in the form of product, ("Product") (See in-kind donation agreement). ASLMS will not seek reimbursement for the Product from any government program or private insurance provider. ASLMS will report receipt of such Product, as required, to any government program or private insurance provider. At the conclusion of the educational activity, any unused Product will be returned to the Donor.

11) Placement, Operation and Removal of Equipment ASLMS shall determine the location of all courses and the placement of all equipment. Donor will comply with all reasonable terms and conditions relating to the placement, assembly, operation, maintenance and removal of Donor’s equipment that it receives notice of from the ASLMS, its Program Chair(s) or Course Directors.

12) Loss, Theft or Damage Donor assumes all responsibility for any and all loss, theft or damage to any of its equipment or other property while at the educational activity and waives any claim or demand it may have against the ASLMS or entity of the indicated course location arising from such loss, theft or damage.

13) Safety Standards and Labeling Donor and ASLMS agree to use all laser equipment in full compliance with the ANSI Standards for the Safe Use of Lasers Z136.3-2018. Donor agrees that all devices being operated under investigational permits shall be so labeled, certified to meet laser regulations, and meet all conditions that reflect FDA clearance. All devices will be screened by, and must be approved for demonstration by, the ASLMS Safety Director prior to the event.

14) Indemnification and Hold Harmless Donor agrees to release, indemnify and hold harmless the ASLMS and its members, officers, directors, employees and agents from all claims, losses and damages to persons or property, governmental charges or fines and reasonable attorneys’ fees arising out of or caused by Donor’s installation, removal, maintenance, occupancy or use of Donor’s equipment in the conference facility, excluding any such liability caused by the sole negligence of the ASLMS. In the event any claim is made, the ASLMS shall notify Donor of the claim within a reasonable time and Donor shall assume and pay for the defense of the claim.

15) Agreement Binding This agreement is for the benefit of and shall bind the Donor and the ASLMS, their employees, agents, members, representatives, directors, officers and all of their heirs, legal representatives, successors and assigns and is governed by the laws of the State of Wisconsin.

16) Authority to Execute Agreement The person signing this agreement on behalf of Donor has full authority to execute this agreement binding Donor and no other person or entity need join in signing this agreement in order to make it legally binding on Donor.

17) Amendments This agreement may not be changed except by the parties’ written agreement.

The Donor agrees to abide by all requirements of the ACCME Standards for Commercial Support of Continuing Medical Education.

ASLMS agrees to: 1) abide by the ACCME Standards for Commercial Support of Continuing Medical Education; 2) acknowledge educational support from the Donor in program brochures, syllabi, and other program materials, and 3) upon request furnish the Donor a report concerning the expenditure of the funds provided as a result of this agreement.


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