Following the DMC Coalition's release of the Employee Vaccination Policy (Mandatory), several requests were made by members for an Employee Vaccination Policy (Voluntary). That policy is now available. This particular policy is for DMCs that want to encourage their employees to receive a COVID-19 vaccine, as opposed to require its employees to receive the vaccine. 

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The benefits of this policy include the utilization of a clear and concise employer-employee communication on the subject matter that reduces the chances of a DMC exposing itself to any unnecessary labor and employment law liability. Use of this policy also demonstrates to clients that are concerned about the health and safety of its DMC's personnel that policies and practices are in place and have been considered. 

The pandemic has created certain health and safety challenges for DMCs; not just when it comes to planning and operating meetings and events that must now strongly consider attendees' health and safety, but also in the workplace for the DMC's employees and field staff (and even vendors). 

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With recent developments in the COVID-19 vaccine and its overall availability, some DMCs may want to require that employees and field staff get vaccinated as a condition of returning to or continuing to work at the DMC's place of business or onsite at a program (if permitted to do so in the jurisdictions where they employ workers). Other DMCs may simply opt to strongly encourage vaccination on a voluntary basis without requiring it (if a DMC prefers this type of policy, please inform DMCC). Every DMC should consider the benefits and risks of any vaccination policy.

This particular policy is for DMCs that want to require certain or all employees to receive a COVID-19 vaccine as a condition of employment, subject to legally required accommodations or other exemptions, and where not prohibited by state or local law.
 

Learn more about this policy here. 
 

The DMC Coalition has been working with its members for a considerable amount of time in an effort to craft certain terms around a newly proposed pricing model that is intended to address longstanding issues within the DMC industry, as well as improve overall efficiency and transparency between the DMC and its clients.  

 

This writing offers those terms that may be considered in drafting a DMC's event service agreement or master service agreement. These terms provide specifics on how to structure a relationship with a client that is mutually beneficial over the entire duration of the program lifecycle.

The DMC Coalition hosted Corey Broadhurst from Brown & Brown insurance during a regularly scheduled member meeting. Corey is an experienced insurance professional that is intimately aware of the insurance needs of the DMC industry. During our member meeting, Corey provided valuable insights and shared them with our membership. That meeting may be viewed by accessing the meetings archive. The information Corey provided during that meeting may be downloaded below.   

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This vendor agreement (also referred to as a supplier agreement) sets out the principal terms between a DMC and its vendor for goods and/or services to be provided by the vendor for a program managed and operated by the DMC. 

 

Because DMCs and their vendors typically work together numerous times over the course of years on different programs, this vendor agreement is intended to serve as a master vendor agreement.

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Learn more about the vendor agreement here. 

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The DMC industry must take the initiative to adapt and evolve. It must work collaboratively with its clients and its vendors to better articulate its value proposition, and form a more transparent and mutually beneficial relationship. In order to achieve this, DMCs must work together to develop improved business practices and standards. More specifically, DMCs must reevaluate their existing contracting and procurement processes, as well as their overall pricing models.

 

This writing sets out to not only provide context around the foregoing, but also deliver tangible ideas and proposed solutions. 

The event service agreement is used between the DMC and its client to detail, among other things, what services are to be provided, when they are to be provided, their respective costs, and the responsibilities of each party to the contract. 

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As of present, this letter of intent has been adopted by ADMEI as the industry's model letter of intent. This service agreement has been amended to include a revised  force majeure provision and indemnification provision. It also introduces a COVID-19 acknowledgment clause and a postponement of event services provision.

An amendment agreement is used to amend or modify a variety of commercial contracts. For a DMC, the most likely use of an amendment agreement, presently, is the modification of an earlier executed event service agreement for a program that is postponed to a later date. 

 

Learn more about the amendment agreement here.

A letter of intent (LOI), also referred to as a term sheet, memorandum of understanding, or heads of agreement, is a letter agreement that sets out the principal terms of a transaction.

 

As of present, this letter of intent has been adopted by ADMEI as the industry's model letter of intent. It starts as your initial good faith agreement confirming that the efforts your DMC is putting forth for a program will be considered in negotiations towards a definitive agreement (i.e., an event service agreement or, less often, a master service agreement).

 

Learn more about the letter of intent here.

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*If your DMC is also a member of ADMEI, you may secure this document without charge through the ADMEI portal. 

This release of liability (also known as a liability waiver) is for DMCs to use when operating or reopening during a pandemic, or other public health emergency involving a significant outbreak of an infectious disease (i.e. COVID-19).

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The attendee signs the release of liability to absolve or forgive in advance the DMC of potential claims that the attendee contracted an infectious disease while participating in the event or activity.

 

Learn more about the waiver of liability here.

The indemnification provision requires the client to agree to reimburse the DMC and any other released parties (e.g., vendors) from any losses incurred related to the disease due to the attendee participating in an event. Ideally, this provision would be used in addition to the waiver of liability.

 

If attendees refuse to sign (or clients refuse to have attendees sign) the waiver of liability, this provision should be included in the event service agreement as an additional protection. In doing so, this can help transfer liability to the client if an attendee later files suit against the DMC because they allege to have been exposed or contracted COVID-19 as a result of the program.

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*If your DMC has already downloaded the Event Service Agreement, you need not to purchase this provision because it is included therein.