SPEAKING AGREEMENT.

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March 18, 2023

SPEAKING AGREEMENT.

This Speaking Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between Nick Lambe & Derek Mendoza, COACHED Education, Contact Info: ____________________________ (hereinafter referred to as the “Company”), _________________, Contact Info: ______________________ (herein referred to as the “Speaker”).

NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:

  1. TERM.

The initial term of this Agreement shall be for a period _____ [Days], commencing on the Effective Date herein.

  • SCOPE.
    • The Speaker shall provide a 60-70 minute presentation on February 4th-6th, 2022 at Biofit Performance in Oviedo, Florida (Orlando area), (option to schedule will be provided to each speaker).
    • The Company shall provide the audio and visual set up.
    • The Company shall book and pay for all travel and accommodation, with consideration given to speaker preferences and up to 3 nights hotel (flight, hotel, transportation to & from event). Travel will booked & confirmed by August 31st will details being provided via email.
    • Materials of the event will be subtitle translated in: Portuguese, Spanish.
    • The list of those registered (both in person and virtually) will be shared with each speaker 7-10 days following the event. This list is to be sent (1) recap email providing attendees the opportunity to learn more about you and what you do.
  • PROMOTION/SELF-PROMOTION.
    • The Speaker may at their own discretion share, post videos of the event on their official social media accounts and market/advertise the event. The Company does not make this a requirement under this Agreement but shall appreciate such efforts by the Speaker.
    • The Speaker and their individual products, services, books, etc. shall be highlighted leading up to and at the event. If there is a specific set up with regards to sponsorship, this can be discussed separately. The Company requires that in the Speaker’s presentation, any opportunity for attendees to make an additional products be mentioned just once.
  • PAYMENT/CONSIDERATION.

The Company shall pay the Speaker’s travel expenses, One Thousand Dollars ($1000) paid 30 days prior to event (unless otherwise agreed upon), 5% revenue share of in person attendance tickets paid within 7 days of event, unique affiliate link provided to earn 50% of virtual tickets through that link (links will be made available as soon as event in announce to public in August).

  • LIABILITY/INDEMNITY.
    • The Company shall not be held responsible for any injuries sustained by the Speaker and or damage/loss of the Speaker’s property while the Speaker is performing their obligations as covered under this Agreement, unless such injuries and/or loss are as a result of the Company’s negligence. The Speaker agrees to indemnify the Company against any injury, damage and/or loss of property claims that may arise from the performance of this Agreement. The Speaker shall have an insurance cover for such issues.
    • The Company shall not be responsible for any property damage caused by the Speaker while they are performing their obligation as covered under this Agreement. The Speaker shall cover all the costs for any damage they cause to the property.
  • COPYRIGHT/INTELLECTUAL PROPRIETARY RIGHTS.
    • The Speaker understands and acknowledges that the Company shall record as well as live stream the event. The recordings shall be available for purchase and this will be the sole location of all event content. By signing this Agreement, the Speaker consents to the Company recording, live streaming and selling the events video. The Speaker understands that the Company shall have all exclusive copyright/intellectual proprietary rights to the event’s recordings, such rights shall include selling, posting on social medial, posting on the Company’s website and editing the recordings.
    • The Company shall provide the Speaker with a copy of the event’s recordings the Speaker’s individual use that they have rights to repurpose as they see fit.
  • RELATIONSHIP BETWEEN THE PARTIES.
    • The Speaker shall be retained as an independent contractor.  The Speaker shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement.  The Company shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Speaker’s behalf during the term of this Agreement.
    • The Speaker understands that they shall not be entitled to any fringe benefits that the Company provides for their employees generally or to any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance.
  • DISPUTE RESOLUTION.

In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a binding mediation process in accordance with the laws of the State of Florida, USA.

  • ASSIGNMENT/WAIVER.
    • The Speaker shall not assign their obligations or subcontractor their services without prior written notice and/or consent from the Company.
    • The waiver by either party of any breach or failure to enforce any of the terms of this Agreement at any time shall not in any way affect, limit, or waive such Party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
  • TERMINATION/CANCELLATION.
    • The Parties acknowledge that either Party can cancel this Agreement at any time provided that they issue a ______ Day Written Notice on the same. In event that Speaker cancels for any reason, no compensation will be paid and travel expenses already paid will be reimbursed back to the Company.
    • In the event that the event is cancelled due to unforeseen circumstances, if more than 30 days prior to the event, 25% of the compensation fee will be paid. If less than 30 days, 50% compensation will be paid. If the event must be cancelled due to COVID/travel restrictions, the event will be moved to a later date and compensation will be paid at that time.
  • MODIFICATIONS.

This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.

  1. GOVERNING LAW AND JURISDICTION.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA. Exclusive jurisdiction and venue shall be in the State of Florida, USA.

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

COMPANY: _____________            ________________________                 ___________

                     (SIGNATURE)                           (NAME)                                         (DATE)

SPEAKER: _____________            ________________________              ___________

                     (SIGNATURE)                      (NAME)                                     (DATE)

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