CHICAGO — The key to reopening the trade show industry was getting vaccinated against COVID-19. Earlier this year, we were rewarded with not one, but several viable options. Unprecedented times bring unprecedented questions, including what constitutes acceptable proof of vaccination and how to standardize and agree on acceptable proof of vaccination to admit attendees and exhibitors from outside the United States.
“As the COVID situation evolves, the rules are going to change and those changes may not be loudly announced,” said Dr. Emily Landon, an infectious disease specialist at the University of Chicago Medicine. “It’s a very precarious and challenging situation to welcome other citizens and presents a constantly changing landscape of rules and regulations. It’s harder than you think.”
And if you want to attend an event without a mask, you’ll have to take precautions, which means international visitors will have to jump through many hoops, she said.
“There are a lot of different rules about who can come to this country and what you have to do,” she added. “Honestly, I’m not sure international shows are ready to air in prime time.”
“While there is still much to learn about COVID, one thing remains clear: a fully vaccinated population is our best hope to prevent the spread, save lives, and end this pandemic,” said Jonathan Weiner, CEO of the HLTH Healthcare Event. HLTH recently announced that it would require all attendees of its October in-person event (October 17-20, in Boston) to be fully vaccinated. “We cannot and will not ignore the science: vaccinated people are the population least likely to get or transmit COVID.”
To meet the needs of international delegates, John S. Foster, a veteran convention industry attorney and speaker, author, and instructor of contract negotiation seminars, urged trade show organizers to check with the Department of Homeland Security, the State Department, the CDC, and local authorities for the latest guidelines and rules governing events, as well as any specific prohibitions or other special entry requirements. “That’s the first thing you need to do,” he advised, reminding trade show organizers to verify the type of information that impacts arrivals and make it available on the organization’s website.
Trade show organizers have two major concerns, Foster said. “One is that no one wants to be held liable if someone gets COVID at their event, and the second is the issue of violating privacy concerns.” Trade show organizers can mandate vaccines — that much is clear — and they can do so legally, he said. But they also face other issues, including the legal obligation to protect information collected from attendees about their vaccination status. “And if you’re asking for proof, what proof are you asking for?” he asked. “That’s in transition now.”
For HLTH, international attendees must provide proof of vaccination through the CLEAR Health Pass, a free mobile experience on the CLEAR app, through which they will be able to submit proof of vaccination, ensuring a safe and frictionless event, Weiner said.
But what about those who refuse to get vaccinated for whatever reason? “We recognize and understand that some members of our community may choose not to get vaccinated, for reasons such as health concerns or religious beliefs,” Weiner said, adding that any attendee who is not vaccinated or simply not ready to travel will have the option to participate in HLTH 2021 through its digital platform. “It’s important to us that we have a digital option for those who still want to be a part of the HLTH experience this year.”
“The law allows trade shows to ask attendees if they have symptoms, check their body temperature on site, and require proof of vaccination or a negative test,” Foster said. However, he warns, if you do that, some people simply won’t come. “You can also require attendees and exhibitors to wear masks on site, and you have the right to turn them away, but you’ll have to take reasonable measures and treat them separately.”
Foster said these clauses include a liability waiver and assumption of risk clause on the organization’s website, where registrants can click the appropriate button to acknowledge that they accept the risk that their participation in the show may result in injury or illness, and that they agree to release the organization from any liability. And to be enforceable, he added, these clauses must be clearly written, easy to understand, in an appropriate font size (typically 12 to 14 points) and clearly visible where everyone can see them.
“And remember, these rules will not be as enforced as time goes on. At some point, we will reach herd immunity, which is 80% of people vaccinated, and this will no longer be an issue.”
RelatedTrade shows begin requiring full vaccination
No standardization
The confusion is further compounded by the fact that the United States does not have a single method of tracking fully vaccinated people, as Israel and other countries that have nationalized medicine do, Landon said. As an example of an effective tracking system, she points to New York’s Excelsior Pass, the app that provides New Yorkers with digital proof of COVID-19 vaccination or negative test results. “The app uploads information to provide a QR code to prove vaccination status.”
Location, location, location
Before booking a show, Landon advised organizers to check with local public health authorities, noting that even if everything seems fine in a particular location, the situation can change quickly, without warning. “If you get to September and (COVID) cases are going up, you’re going to have a problem,” she said. “Higher vaccination rates put you in a lower-risk category.”
She added: “Every locality has a non-zero chance of facing an epidemic.”
For large shows in the U.S., the decision to require fully vaccinated attendees and exhibitors is optional, but if it’s optional, will you admit attendees who test negative? “If it’s a long show, it doesn’t make sense because their status can change during the show itself,” she explained. “Show organizers will have to think carefully about that.”
Beware of wireless access points
“If you want a high-attendance show, pick a highly vaccinated area,” Landon recommended, noting that areas with low vaccination rates are more likely to have outbreaks.
“Have a plan in place in case there is a surge in cases,” she advised. “Your attendees won’t be very excited about traveling to COVID-risk areas, and remember that each state has different requirements.”
Most trade shows haven’t had to address these issues until now and need to be prepared to protect their investment. “A trade show is an expensive business,” Landon said. “And it’s not going to be your typical team. You’ll likely need additional help and should reach out to an expert (in health care or virology) to figure out how to handle your specific needs.”
And remember: By law, some places cannot require masks or vaccines; and that, too, is subject to change. Click here for current state mask mandates.