THE ASSOCIATION FOR VASCULAR ACCESS TERMS AND CONDITIONS AGREEMENT FOR SPEAKERS PRESENTING VIRTUALLY OR IN PERSON
UPDATED 10/24/2023
INTRODUCTION
This Terms and Conditions Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“Speaker”), and the Association for Vascular Access and its affiliated member chapters or networks (“Association”), concerning your presentation being given in either an in-person or digitally produced format.
1. TERMS
a. The Speaker will provide details to the Association for the purpose of marketing, advertising, sales, and event production no later than three (3) weeks prior to the date of a presentation. These items may include but are not limited to the Speaker’s:
i. Name
ii. Email for correspondence
iii. Mobile phone number for direct communication by call or text
iv. Physical mailing address
v. Primary place of work
vi. Credentials
vii. Highest degree held
viii. Licensure
ix. Board certifications
x. Curriculum vitae or resume
xi. Brief description of expertise
xii. Preferred introduction
xiii. Headshot photograph
xiv. Presentation date
xv. Presentation title
xvi. Presentation description
xvii. Presentation learning objectives
xviii. Presentation slide deck for review
xix. List and description of direct or implied conflicts of interest
xx. Disclose financial arrangements and relationships
b. The Speaker gives the Association permission to review the Speaker’s presentation in part or in whole, to recommend edits to remove or replace any content material that introduces bias to the audience. This may include but is not limited to:
i. Photographs
ii. Videos
iii. Trade names
iv. Registered trademarks
v. Product endorsement
c. The Speaker gives the Association permission to omit or remove slides based on content material that introduces bias to the audience where applicable.
d. The Speaker will present the slides as submitted without any changes to the slide deck. Speaker will not introduce bias through verbal messaging during the presentation.
i. Changes made to the slide deck after submission will require a new submission to be completed by the Speaker.
e. The Speaker will not discuss, show, or provide the audience samples of products before or during a presentation.
2. DISCLOSURES
a. The Association must ensure balance, independence, objectivity, and scientific rigor in all its educational activities. All speakers are expected to 1) disclose if a product is not labeled for the use under discussion. 2) disclose to the activity audience any significant financial interest or other relationship(s) (1) with the manufacturer(s) of any commercial product(s) and/or provider(s) of commercial services discussed in an educational presentation, and (2) with any commercial supporters of the activity. (Significant financial interest or other relationship can include such things as grants or research support, employee, consultant, major stockholder, member of speakers bureau, etc.).
b. The intent of this disclosure is not to prevent a speaker with a significant financial interest or other relationship from making a presentation, but rather to provide listeners with information based on which they can make their own judgments. It remains for the audience to determine whether the speaker's interests or relationships may influence the presentation with regard to exposition or conclusion. The Association is authorized to publish the disclosed financial or other relationships to attendees within the printed program and electronic presentation materials posted to the AVA website.
3. FEES AND REMUNERATION
a. The Association is not responsible for and speaker fees or remuneration in association with the Speaker presentation except when otherwise agreed upon between The Speaker and The Association.
b. The Speaker reserves the right to retain any remuneration and fees associated with presentation as prearranged with event sponsorship.
4. REPRODUCTION, PUBLICATION AND SALE OF PRESENTATION
a. The Association is expressly authorized and granted rights to audio or video record Speaker's presentation(s) and is granted a perpetual license to reproduce and sell such, as it sees fit, without paying any compensation or remuneration to Speaker.
b. The Association is expressly authorized and granted rights to all associated material (including, but not limited to: PowerPoint files as restricted PDF files and other handouts distributed during the Speaker’s presentation) and is granted a perpetual license to reproduce and sell such, as it sees fit, without paying any compensation or remuneration to Speaker.
c. The Association may use some or all of these components either in whole or in part, synchronized or not. Speaker understands and represents that they have the right to grant such permission based on copyright law and that the use of third party material has been cleared for the purposes as set out herein.
d. Speaker hereby grants and authorizes the Association the right to transcribe, sell and publish Speaker's presentation(s) in the Association Journal, JAVA; its newsletter, Intravascular Quarterly; on the Association web site, or any other AVA publication. Minor editing changes may be made; Speaker reserves the right of final approval of the manuscript before publication by the Association. Any such article will carry Speaker's name as author.
e. Speaker shall receive no compensation for the sale or reproduction of the presentation, but shall receive, upon request, a complimentary copy of any product that is produced using Speaker's presentation.
5. COMMERCIALISM/MARKETING
a. The Association’s continuing education events are noncommercial forums. Speakers are prohibited from using brand names and specific product endorsement. Under no circumstances should the session podium be used as a place for promotion of a Speaker's product, service, or monetary self-interest, nor for promotion of a product or service offered by Speaker's employer or client.
b. In addition, Speaker agrees that content presented by Speaker shall not infringe or violate any copyright, trademark, patent or intellectual property rights of any person or entity.
c. Speakers at any event must refrain from overt statements or pointed humor that disparages the rightful dignity and social equity of any individual or group.
d. The Association reserves the right to pull any slides from Speaker's PowerPoint Presentation the Association deems unnecessary for content purposes from printed materials only (i.e. joke slides, photo slides, etc.). Speaker may omit any copyrighted materials from his/her presentation before submitting to the Association for distribution.
6. BREACH AND DISCIPLINE
a. The Association reserves the right to determine which Speakers are eligible to present and receive approval for continuing education issued by the Association.
b. In the event that a Speaker is in breach and violates the Terms and Conditions of the Agreement the following stepwise disciplinary steps:
i. FIRST INFRACTION: The Association will inform the Speaker in writing (electronic or postal correspondence) the details of a breach that occurred.
ii. SECOND INFRACTION: The Association will deliver a second notice of breach in writing (electronic or postal correspondence). Speaker and the Association or its designated representative will discuss via a phone call: the details, corrective steps, and final warning.
iii. THIRD INFRACTION: The Association will deliver a third and final notice in writing (electronic or postal correspondence) the details of the breach. The following disciplinary action will occur:
1. The Speaker will no longer be able to apply for approval of continuing education from the Association.
2. The Speaker will no longer be able to speak at the Annual Scientific Meeting.
c. The Association will maintain a non-eligible Speaker list that is available on the Association website.
d. Speakers may appeal for approval after one (1) year after being made ineligible. Speaker will submit correspondence to the Association for consideration via email.
7. INDEMNIFICATION
a. Speaker shall indemnify and hold harmless the Association from any claim, demand, loss, liability, damage or expense arising in any way from the Speaker's performance of services.
8. SPEAKER CODE OF CONDUCT
a. Speaker agrees to act in a professional and appropriate manner during all Association events and presentation engagements hosted by the Association.
b. Speaker understands that the Association offers continuing education credits to attendees and agrees to present his/her session without commercialism of any sort.
c. Speaker agrees and understands that he/she is expected to conduct him/herself and behave in a manner which is respectful and appropriate to session attendees and co-presenters (where applicable), and that failure to comply with the code of conduct may result in sanctions up to a future ban on speaking at the Association’s in-person or virtually produced events including the Annual Scientific Meetings. Decisions regarding inappropriate and/or unprofessional behavior will be made at the discretion of Association personnel, or their designated representatives and all decisions and actions related to this will be final.
9. ACKNOWLEDGEMENT
a. Speaker acknowledges that they have read and understand the Agreement as outlined above. Representation of this acknowledgement is signified by endorsement of their signed name.