SPEAKING ENGAGEMENT AGREEMENT

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Agreements
August 31, 2021

 

 

                   SPEAKING ENGAGEMENT  AGREEMENT

 

 

 

                                                                          BETWEEN

 

 

                                    ______________________________________________________

                                                                           (“The Client”)

 

 

                                                                                 AND

 

 

                                                             

 

                                    _____________________________________________________

                                                                                (“Speaker”)

 

 

 

THIS AGREEMENT is made on the ……..…… day of…………..…………20……..…, is entered into by and between the Client and the Speaker (Client and Speaker collectively referred to herein as the “Parties” or individually as the “Party”).

 

WHEREAS:

  • The [………………………….] (the Speaker “), is a skilled and professional speaker that provides on-demand services as a panelist, speaking as an emcee, speaking for no fee but selling products, based in [CITY, STATE].

 

  • The CLIENT :

First Name(s):

________________________________________

Surname:

________________________________________

Identity / Social Security or Other (Specify) number:

________________________________________

Physical Address:

________________________________________

 

 

THEREFORE, in consideration of mutual promises, representations, covenants, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to the following terms and conditions and to be bound thereby:

 

 

 

  • EVENT DETAILS

The Speaker accepts the engagement for a talk that they shall share or contribute their knowledge in relation to the following event:

 

Name of Event (the “Event”):…………………..

 

Title of the Program/Presentation:………………..

 

Amount of Presentation:………………………..

 

Event Location:…………………………..

 

Event Venue: ……………………..

 

Date of Event: ………………….

 

Time of Event: …………………..

 

Expected Number of Attendees: …………………

 

  • PRIMARY POINT OF CONTACT

The Speaker shall be in contact with a primary point of contact before, during and after the speaking engagement.

First Name(s):

________________________________________

Surname:

________________________________________

Title: ________________________________________

 

Phone Number:

________________________________________

 

  • PAYMENT TERMS
  1. The Client shall pay the Speaker 50% in the amount of [ …….] dollars (“Security Deposit”) of the Contract Sum before the date of the paid engagement.

 

  1. The Client shall pay the Speaker the remaining 50% in the amount of […….] dollars of the Contract Sum 10 days prior to the event.

 

  1. The Contract Sum shall be paid by electronic transfer to the Speaker’s bank account at  [NAME OF BANK],  account number [NUMBER] or by any other payment method suggested by the Speaker.

 

  • SECURITY DEPOSIT

The Security Deposit shall be forfeited if the Client cancels the event.

 

 

  • COMPENSATION AND EXPENSES

The Client hereby agrees to provide the Speaker with the following non-monetary compensation in exchange for fees;-

 

  1. Right to Sell Physical or Digital Products
  2. Access to Attendee Email or Contact List
  3. Event Photography
  4. Event Video provided by meeting planner/event

 

 

  • TERM OF THE AGREEMENT
  1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement, and, or
  2. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until a specified (date).
  3. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days’ written notice to the other Party.
  4. Except as otherwise provided in this Agreement, the Speaker’s obligations will end upon the termination of this Agreement.

 

  • SPEAKING AND EMCEE ENGAGEMENTS

Speaking engagements shall be divided into two categories;-

  1. Virtual Event

☐ – Virtual Event with No Fee/ No Travel             ☒ – Virtual Event with Fee / No Travel

  1. Local Speaking Engagements

☐ – No Travel                                                          ☒ – With Travel

☐ –  Travel (Hotel and Transportation Included)     ☒ – Speaking with No Travel Covered (Fee Only)

In the event the Client offers accommodation to the Speaker, the hotel rooms shall be hygienic and habitable but shall not be shared with any other persons or parties.

  • SPEAKING FOR NO FEE.

In some instances, the Speaker shall speak at an engagement at no fee but shall be allowed to sell their products.

  1. EVENT PASS
  2. The Speaker shall be granted a FULL EVENT PASS for an entire period of an event organized by the Client.
  3. The Speaker shall have access to any aspect of the event.
  4. The Speaker shall be allowed one additional complete event pass for a team member (if needed) to give the speaker support during the event.
  5. The Speaker requests for recordings of the entire event if provided to attendees at any level of attendance.
  6. In the event the Client offers physical or virtual vendor tables, the Speaker requests that they shall have the first right of refusal on having a table and selection of the location in the exhibit hall, as well as full event, passes for up to 2 additional team members who can work the table.

 

  • ADDITIONAL NEEDS

 

The Client may request the Speaker for additional needs. The needs may include extra speaking time, additional workshops, seminars, media appearances, onsite private training, among other conditions and duties. Upon the request for additional needs by the Client, the Parties shall mutually agree on extra payments.

 

  • INTELLECTUAL PROPERTY

The Parties agree that any ideas, concepts, discoveries, techniques, patents, copyrights, or trademarks which are developed or discovered by the Speaker, solely or jointly with others, during the subsistence of this Agreement shall automatically upon their creation become the exclusive property of the Speaker.

 

  • INDEMNIFICATION
  1. The Speaker shall indemnify, release, defend, and hold harmless Client, its directors, officers, and employees from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of a third-party claim, action, or proceeding, based directly or indirectly on any breach of Speaker’s warranties contained herein or arising from or relating to Speaker’s performance under this Agreement.
  2. The Client shall indemnify, release, defend, and hold harmless the Speaker from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of a third-party claim, action, or proceeding, based directly or indirectly on any breach of Client’s warranties contained herein or arising from or relating to the Client’s performance under this Agreement.

 

 

  • WARRANTIES
  1. The Speaker warrants that Speaker has sufficient knowledge, skills, and experience for speaking and sharing his/her knowledge to the audience in the event. Speaker agrees that during the term of this Agreement,
  2. The Client agrees not to alter any of the instructions or guidelines provided for by the Speaker to the Client without prior consent to the Speaker made in writing and signed by the parties hereto.

 

 

  • NON- EXCLUSIVITY

For the purposes of this Agreement, the Speaker’s role with the Client is non-exclusive; the Speaker is free to work for other Clients for the duration of this Agreement.

 

  • REQUEST FOR TESTIMONIALS AND REFERRAL

Upon a satisfactory and successful engagement, the Client shall issue the Speaker with testimonials and/or referrals within 30 days after the event.

 

  • DISPUTE RESOLUTION
  1. If any dispute arises between the Parties related to this Agreement, it shall be resolved by mediation between and among the parties. Parties shall act in good faith to resolve the dispute.
  2. In the event that a dispute cannot be resolved through good faith mediation, the Parties agree to submit to either binding mediation, arbitration, or litigation.
  3. In the event of mediation, the prevailing Party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.

 

  • VARIATION TO THE AGREEMENT

Either Party may request variations to the Agreement.  The Parties shall enter into discussions to agree on any required changes, revised pricing, and time for performance.  Such variations will only be effective if agreed in writing by the Parties.

 

  • FORCE MAJEURE

 

  1. For the purposes of this Agreement, “Force Majeure” means an event which could not reasonably have been avoided by a diligent party in the circumstances, which is beyond the reasonable control of a party and which makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
  2. Force Majeure shall not include any event caused by the negligence or intentional action of a Party or such Party’s subcontractors or agents or employees or by a failure to observe good professional practice.
  3. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
  4. The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures, all with the objective of carrying out the terms of this Agreement.
  5. A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay. The Parties shall take all reasonable measures to minimize the consequence of any event of Force Majeure.
  6. A Party affected by an event of Force Majeure shall notify in writing the other Party of such event as soon as possible, and in any event not later than five (5) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.
  7. Not later than fourteen (14) days after the Speaker, as a result of an event of Force Majeure, has become unable to discharge a material portion of its obligations, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances.

 

  • NO WAIVER

Except where this Agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law.  The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.

  • SEVERABILITY

If any provision of this Agreement is declared by any judicial or other competent to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner as achieves the intention of the Parties without illegality or at the discretion of the Client, it may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

  • APPLICABLE LAW

The Parties agree that the construction, validity, and performance of this Agreement shall be governed by the State and/or Country in which the duties of this Agreement are expected to take place. In the event that the duties of this Agreement are to take place in multiple States and/or Countries, this Agreement shall be governed by ………………..LAW

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN WITNESS WHEREOF, each of the Parties has executed this Agreement, both Parties by its duly authorized officer, as of the day and year set forth below.

 

 

Signed by the duly authorized representative of

the CLIENT

Signature:       

Name:

Designation:   

Date:…………………………………………….………………..

 

  

Signed by the duly authorized representative of

the Speaker

Signature:       

Name:

Designation:   

Date:…………………………………………….………………..

 

 

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