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This Wisdom of the Crowd, compiled from responses posted on the discussion forum* of the New to In-house ACC Network, addresses flexibility in conference and events contracts.
*(Permission was received from ACC members quoted below prior to publishing their forum comments in this Wisdom of the Crowd Resource)

 

Question
Has anyone been able to get flexibility or negotiate event or conference contracts? If yes, in which areas were you able to change things?

 

Wisdom of the Crowd

Response #1: Yes, we have. Three common themes spring to mind. First, many events or conferences start out with broad and strong indemnification language in their favor that can pared back to only kick in upon your negligence or recklessness. Second, we frequently gain some value from being able to publicly advertise our participation in the conference using the conference logo, for example. So we've asked for and received changes to the standard "no license to use our Intellectual Property" clauses that are frequently present. Third, many event contracts are silent on the presence of insurance policies. We often ask for representations that policies of certain sizes be in place and ask to be named additional insured or be provided a certificate of insurance. Less frequently, if our marketing department places a premium on exhibiting in a certain location, we've made that a term in the contract and rarely meet resistance.1

 
Response #2: In addition to indemnification, which the response above already mentioned, I have had success in negotiating limitations of liability from a one-sided provision in favor of the vendor to a mutual provision. Less commonly, I have been able to modify Alternative Dispute Resolution and governing law. In my experience, conference and event vendors other than hotels are generally amenable to negotiation.2
 
Response #3: I routinely negotiate both large and small meeting and event contracts - I leave the price terms to our events team, but with respect to legal terms, I have negotiated everything - Force Majeure, Food and Beverage Attrition, Cancellation, Indemnification, Limitation of Liability, Dispute Resolution, Alcoholic Beverages Indemnification, etc. The most difficult venues to negotiate with are convention centers; hotels, however, are usually quite accommodating, including major chains.3
 
Response #4: I agree with the preceding posts. If you are dealing with a convention center, do not take at face value any statement that the contracts are non-negotiable. Although convention centers are typically less flexible, I have had success negotiating better terms. Also, research the law if you are told that state/local law requires certain language. If you are not making any progress with the convention center, you may want to get in touch with the local tourism board for assistance.4
 
Response #5: Yes. Almost every event contract is negotiable. Most events are very flexible about application of cancellation fees, special charges (like markups for wifi) and frequent flier points. No negotiation on union issues like who can run extension cords or unload trucks.5
1Response from: Christopher Evans, General Counsel, Senior Vice President & Secretary, Confluence Technologies, Inc. (8/17/2016)
2Response from: Anonymous (8/17/2016)
3Response from: Ashley Huber, Staff Counsel, Society of Actuaries (8/17/2016)
4Response from: Joseph Doherty, Senior Counsel, Independent Insurance Agents & Brokers of America (8/17/2016)
5Response from: William Snead, General Counsel, cPanel (8/19/2016)
Region: United States
The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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