Speaker Agreement – Terms and Conditions
This agreement is made by and between Jason Antalek, the Public Speakers Association and the Adapt Your Impact Virtual Experience, hereinafter referred to as “the Promoter” or “Promoter” and Name on this signed agreement, hereinafter referred to as “the Speaker” or “Speaker”. In consideration of the promises and covenants herein, and intending to be legally bound hereby, the parties agree as follows:
The Promoter agrees to sponsor, and the Speaker agrees to participate in the Adapt Your Impact Virtual Experience, hereinafter referred to as “the Event” or “Event”. Speaker is guaranteed speaker activity chosen in this agreement. It is first come first served for the day and time slot placement from when the agreement is signed. There are no refunds after 3 days USA/10 Canada (or whatever the cooling off period is in your area) from the date this agreement is signed since all marketing, graphics, promotion and stage times are all set from the beginning.
Event: Adapt Your Impact Virtual Experience
Date: November 9-11, 2020 10:00 am MT – 5:00 pm MT
Location: Online – multiple platforms, all virtual event
Speaker rate does not include software or hardware to connect and participate, or any additional expenses for presentation during the event. Speaker retains all responsibility for internet connection and availability during their designated portion of the event. Speaker fees will include VIP access to the replays of the event available through the Adapt Your Impact membership area. Additional VIP tickets will be assigned as determined by the Speaker according to the tier of participation chosen. Information for the additional VIP tickets must be requested with name and email delivered to email@example.com.
- Promoter Obligations
Promoter agrees to sponsor the Event and make every promotional effort to reach the targeted audience size. Promoter agrees to secure and provide an appropriate virtual platform with the necessary access and permissions for a successful presentation during the event. Promoter will supply (if needed) ability to screen share or temporary host privileges, as appropriate. Promoter agrees to provide personnel to assist the Speaker with distributing online links for lead generation and offers (if applicable).
Online promotions on www.AdaptYourImpact.com of the Speaker will include but are not limited to:
Head shot, title of presentation, short description of presentation, social media links to Speaker and Website Link, bio information, video clips, audio clips.
Event will also promote the Speaker on a variety of advertisements through social media, email marketing campaigns, PSA’s AMA-Zing TV Show and/or Facebook Live, recorded promotional videos and other marketing platforms.
If, however, the Speaker offends, insults, or suggests that the audience, during any promotional time or throughout the event, does not do business with any other Speaker, sponsor or participant, then the Promoter may pull the Speaker from the Event or lineup without any form of refund, reimbursement or compensation to the Speaker. Also, if the Speaker in any way creates an environment of negativity and/or meanness, Promoter reserves the right to remove the Speaker from the lineup and Event without any form of refund, reimbursement or compensation. The Speaker must present on the topic agreed upon with the Promoter or the Promoter has grounds for dismissal from the Event without any form of refund, reimbursement or compensation.
Names and digital addresses of Participants and Speakers: The Speaker will be emailed the contact information of all attendees. Please respect the attendees by not spamming them. If emailing them a follow-up offer, the offer must not be as good as the offer made from the vendor table at the Event.
- Speaker Obligations
Speaker agrees to deliver a presentation on a topic agreed upon by the Promoter within the time allowed. It is understood that the Event is an educational program with an interactive presentation to teach the audience on the subject matter agreed upon and no other. Speaker may sell from stage (if applicable for level chosen) or the Speaker may give some type of lead generation offer and/or receive a virtual opportunity to “sell” from.
Speaker agrees to finish his/her presentation on time as stated on the Event schedule. Speaker must provide all links to be delivered to participants prior to the date of Event. This includes working email, landing page, form and other links required to conduct business with the Speaker. The information covered needs to be informational, educational, and entertaining. Attendees should learn real information they can utilize in their business, careers, life and/or speaking career. Interactive presentations are highly suggested!
- Event Promotion
Speaker agrees to become an advertiser for the Adapt Your Impact Virtual Experience and promote the Event to his/her database a minimum of three (3) times starting from date signed, including but not limited to hosting Jason Antalek on one (1) tele-seminar, webinar or radio/TV show/Facebook Live, through an email campaign, throughout the Speaker’s social media sites, and/or Speaker’s website promoting Event.
The Speaker is not a franchisee, joint venture, partner, employee or agent of the Promoter or Event and is prohibited from stating or implying, whether orally or in writing, otherwise. The Speaker has no authority to bind Promoter to any obligation. Promoter is not responsible for payment or co-payment of any employee benefits. The Speaker is responsible for his/her own liability, health disability and worker’s compensation insurance. The Speaker sets his/her own hours and determines how to conduct business, subject to Promoter Vendor Agreement.
Speaker shall be solely responsible for the payment of all such taxes, fees and expenses for its employees. At the end of the calendar year Promoter shall report all payments made on an IRS Form 1099 if there were any affiliate payments, and the Speaker agrees not to make any filings or take any position contrary to the Speaker’s position as an independent contractor. The Speaker shall not be entitled to receive or participate in any fringe benefits offered by Promoter. The Speaker will have no authority to bind Promoter or otherwise incur liability on behalf of Promoter.
- Event Registration Fees
The registration fee(s) listed on the Event web site and in any/all written promotional materials are non-negotiable registration fee(s) due Promoter. Any special incentives Speaker offers during the Speaker’s promotional campaign to his/her database are left up to his/her discretion as long as they don’t promise a reduced registration price unless approved by the Promoter.
- Products or Services
Promoter has the non-negotiable right to ask the Speaker not to display/sell a product or service if Promoter deems such product or service inappropriate for the Event or in conflict with another Speaker’s or vendor’s offer. Speaker may choose to sell products as set out in this agreement. Speaker must have their own ability to take and fulfill orders and/or services. All products must be shipped within five (5) days after the Event as directed by purchaser, from the Speaker’s location. All shipping costs will be the expense of the Speaker. At no time should the Speaker discourage an attendee, vendor, sponsor or another Speaker/Vendor from purchasing or distracting from reviewing another Vendor, Sponsor or Speaker’s product/services. Immediate action will be implemented, including but not limited to removal from the Event.
- Product Order Form
Speaker agrees to provide and use a secure platform to process all sales during the Event. Forms must be easy to read and fill out and a receipt must be provided immediately to the purchaser. Speaker must include actual information for the client on how to reach the Speaker after the event is over.
- Product Collection of Payments, Division and Payment of Proceeds
All payments (including checks, credit cards, or financial transfer service) will be collected and processed by the Speaker.
Speaker’s obligations under this agreement may not be assigned or transferred to any other person and/or entity without prior written agreement.
This entire Agreement is confidential, and the Speaker is bound herein not to discuss this Agreement, especially product sales and payment details, with any other person without the express approval of the Promoter.
- Dispute Resolution
Any controversy or claim arising out of, or relating to, this Agreement or the services provided, shall first be submitted to mediation for an attempt at resolution, with such mediation being conducted by a mutually agreeable party. If no such party can be agreed upon, parties will accept a mediator appointed by the American Arbitration Association. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this agreement, nor to grant any remedy which is either prohibited by the terms of this Agreement or not available in a court of law. The venue for the arbitration will be within Arapahoe County in the city of Littleton, Colorado.
- Attorney’s Fees
In the event of any dispute, litigation or arbitration between the parties, the non-prevailing party shall pay to the prevailing party therein all costs and expenses, expressly including, but not limited to reasonable attorney’s fees and costs incurred therein by such successful party.
- Nature of Agreement
This agreement shall, in all respects, be governed by the laws of the State of Colorado applicable to agreements executed and to be performed within Colorado. This Agreement constitutes the entire understanding and agreement of the parties and no amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto.
Standard Audio and Visual Release Agreement, Standard Terms and Other Conditions
The event, Adapt Your Impact Virtual Experience will be recorded in parts, segments and through screen capture. The Speaker hereby grants Jason Antalek, the Public Speakers Association and Adapt Your Impact Virtual Experience, ALL RIGHTS with my irrevocable explicit approval to use my likeness, voice, etc. as captured or edited, recorded and rendered in various audio, visual, and written medium associated with or recorded or captured content from the Adapt Your Impact Virtual Experience and associated promotional content, to be used in commercial, instructional, and promotional activities as Jason Antalek, the Public Speakers Association and Adapt Your Impact Virtual Experience sees fit.This event will NOT be recorded in its entirety and any recording is for portions of promotion and not for full content of presentation. Jason Antalek, the Public Speakers Association and Adapt Your Impact Virtual Experience shall own 100% rights, title and interest in resulting digital products and shall have the rights to sell rights and transfer rights of the resulting product at their discretion (i.e. sales of Video and Audio of Adapt Your Impact Virtual Experience).
Presentations will be recorded and provided to the Speaker upon request. This Agreement does not guarantee such content to be available due to any technical or human difficulties. The Speaker understands that they may be included in screenshots, video and audio captures.
Disclaimer and Standard Terms
To accept participation in the Adapt Your Impact Virtual Experience, which is offered by Jason Antalek and the Public Speakers Association, the Speaker expressly acknowledges and agrees that nothing in this document or any other written or oral communication relating to the Event or associated content, or any materials promulgated or distributed with respect thereto constitute a representation or guarantee. The project is performed by the Speaker as an educational event for the attendees, and no representation or warranty of any kind regarding specific or general benefits, monetary or otherwise, was or has been made by the the Public Speakers Association and Adapt Your Impact Virtual Experience and/or its board, agents, and employees including, without limitation, Jason Antalek, Public Speakers Association and Adapt Your Impact Virtual Experience and any of the other vendors who participate in realizing the project. Speaker acknowledges that neither the Program nor the Company, in whole or in part, are responsible for Speaker’s business success or failure, for Speaker’s acts or omissions, or the appropriateness or Speaker’s business decisions heretofore or hereafter. If Speaker does not agree with terms and conditions of the Standard Audio and Visual Release and Standard Terms Speaker does not have to participate in this offer and event. Disagreement with this arrangement must be delivered in writing and confirmed by Promoter and Speaker. Speaker hereby releases the Event and the Promoter from, and agrees and covenants that Speaker will not contact any governmental agency nor sue the Promoter on account of any and all claims or causes of action in connection with the Event, and, in no event shall any Course, the Event or the Promoter be liable for any punitive damages, incidental or consequential damages whatsoever.Speaker hereby agrees to and does indemnify the Event and its Promoter and holds them, and each of them, harmless from and will defend them against any and all claims, judgments, liabilities, expenses and damages (including attorney’s fees and costs) arising out of or in connection with any breach by Speaker of its obligations, agreements of covenants here under, and, any acts or omissions by the Speaker, its agents, representatives and employees whatsoever. Any and all claims and actions arising out of the Program, this document, or otherwise, shall be exclusively arbitrated in United States of America, in the State of Colorado, in accordance with the then prevailing Rules and Regulations of the American Arbitration Association, which proceedings shall be final and binding, and strictly confidential. Neither the existence of such proceedings or the results thereof shall be disclosed to any third party, unless expressly required by law.SPEAKER REPRESENTS AND WARRANTS THAT SPEAKER IS FULLY COMPETENT TO CONTRACT IN HIS/HER OWN NAME, HAS CAREFULLY READ THIS STANDARD AUDIO AND VISUAL RELEASE AND STANDARD TERMS, FULLY UNDERSTANDS ITS CONTENTS AND HAS HAD AMPLE OPPORTUNITY TO CONSULT WITH SPEAKER’S OWN INDEPENDENT ATTORNEY OR ANOTHER ADVISER BEFORE EXECUTING SAME.