TERMS
Deposit (If applicable): Client agrees to pay the required deposit upon signing of this Agreement. Neither party will promote or advertise event appearance until fully executed copies of this Agreement and the required compensation have been received by the Speaker.
Permission to Photograph and Record: The parties agree that no advertising or other publicity materials having or containing any reference to the Client will be used by the Speaker or anyone on the Speaker’s behalf unless and until the same will have first been submitted to, and received the written approval of, an authorized representative of the Client. The Client agrees that it will not use, broadcast or distribute the Speaker’s presentation in its entirety without the Speaker’s consent. The Speaker will maintain all rights to his/her materials, intellectual property and speech content.
Indemnity: Each party (“the Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other party from any damages, liability, costs, and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claims, lawsuits, demands, etc. that arise out of the act or omission of the Indemnifying Party.
Amendment: This Agreement may only be modified or amended if the amendment is made in writing and is signed by both parties.
Governing Law: This Agreement and the rights and obligations of the parties hereto will be interpreted, construed and enforced in accordance with the laws of the State of New Jersey.
Entire Agreement: This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
Severability: In the event any provision of this Agreement is determined to be void or unenforceable by any court of competent jurisdiction, then such determination will not affect any other provision of this Agreement and all such other provisions will remain in full force and effect.
Cancellation: In the event of Cancellation, a 90-Day Cancellation notice is required by both parties. If the Client cancels the Speaking Engagement less than 90-days prior to the Engagement, Client will be responsible for remitting the full balance of this Agreement. If the Client cancels the Speaking Engagement with 90-days or greater notice, the Speaker will remain flexible to rebooking the Speaking Engagement on a mutually convenient date with no penalty if the Speaking Engagement is rescheduled within six months from the date it was cancelled. In the event of a Cancellation, regardless of the amount of notice provided, no deposit will be refunded to the Client. Furthermore, if the Speaker appears onsite for the Speaking Engagement but does not perform due to factors beyond his/her control, such as a schedule conflict at the Speaking Engagement or last-minute cancellation of the Speaking Engagement, the entire fee will be due and payable immediately to Speaker, and no deposit will be refunded to the Client.
In the event of a cancellation of the Speaking Engagement by the Speaker, the Speaker will attempt to rebook the Speaking Engagement on a mutually convenient date within six months from the date it was canceled. If the Speaking Engagement is canceled and the Speaker is not able to rebook the Speaking Engagement within six months, the Speaker agrees to refund to the Client any payments received for the Speaking Engagement and forfeit the balance owed. In such a circumstance, the Speaker will not have any liability for expenses or losses incurred by the Client, including but not limited to advertising or promotion costs.
Confidentiality: The parties agree to maintain strict confidentiality of all the terms, conditions, and arrangements contained in this Agreement and/or associated with the Speaker’s performance and may be held liable for any damages as a result of any breach of this confidentiality clause, whether negligent or intentional.
Force Majeure: Performance by either party may be excused by the occurrence of events beyond the control of the parties, including unavoidable travel interruptions, flood or other weather-related emergency or disaster, fire, strikes or labor and employment disputes, or terrorism, provided that the affected party provides notice to the other as soon as reasonably possible after the occurrence of a force majeure event. Upon the declaration of a force majeure event neither party will bear liability to the other for non-performance. The parties agree to work together in good faith to discuss alternative dates for the Speaking Engagement.
IN WITNESS WHEREOF, Client and Speaker have agreed to be bound by the terms of this Agreement and the Agreement shall be governed by the Laws of the State of New Jersey, regardless of the place of the presentation of the Speaker’s performance.
Client and Speaker have read the foregoing and it accurately sets forth the agreement reached between parties. Each party acknowledges that they have the authority to sign this agreement on behalf of their respective organizations.