This Speaker Engagement Agreement ("Agreement") is made and entered into by and between ____________________ ("Speaker"), whose principal place of residence is __________________________________, and ____________________ ("Organizer"), whose primary mailing address is __________________________________, on ___________ ("Effective Date").
WHEREAS, the Speaker has knowledge, experience, and skills of interest to Organizer, and has been invited by the Organizer to present a talk at ____________________ ("Conference"), held on ___________ ("Conference Dates"); and
WHEREAS, the Organizer desires to have Speaker present a talk to an audience invited by Organizer, and the Speaker, to present this talk to said audience, and to other audiences across the Internet;
WHEREAS, the Speaker and the Organizer wish to set forth the terms and conditions of the Speaker's engagement at the Conference;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
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Speaker Engagement
Organizer engages Speaker to present a talk at the Conference to be held on the Conference Dates. Organizer shall pay Speaker a one-time fee of ________________________________________ USD for the Engagement, which shall be paid before the first day of the Conference Dates.
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Presentation
Speaker agrees to present the talk currently titled ________________________________________ ("Presentation") at the Conference. Speaker shall have sole discretion over the content of the Presentation and the materials used therein.
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Warranty
Speaker warrants that the content of the Presentation and the materials used therein do not infringe upon any pre-existing intellectual property rights of any third party and comply with any applicable code of conduct publicly adopted by the Conference on Effective Date. Speaker's total liability to Organizer under this Agreement shall not exceed the total fees and reimbursements paid to Speaker by Organizer for the Engagement.
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License Grant
Speaker hereby grants to Organizer a worldwide, royalty-free, perpetual license to use, copy, modify, display, distribute, and perform the recording of the Presentation and all materials created by Speaker for the Engagement, for any purpose related to the Conference.
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Recording and Distribution
Organizer shall record the Presentation and make it freely and permanently available on the Internet within 3 months of Conference Dates, without a paywall or registration wall. In the event Organizer chooses not to make the recorded Presentation freely and permanently available online, Organizer shall provide a copy of the recorded Presentation to Speaker, who may then make it freely available online in a manner of their choosing.
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Cancellation
Organizer shall not cancel Speaker's Presentation, except in the event that the entire Conference is cancelled. In the event that Organizer cancels Speaker's Presentation for any reason other than cancellation of the entire Conference, Organizer shall pay Speaker a cancellation fee equal to ________________________________________ USD. Speaker shall not cancel the Presentation, except for an unforseeable emergency, such as a severe illness, that is deemed reasonable under the circumstances. In the event that Speaker cancels, Speaker shall waive any reimbursement or speaking fee.
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Non-Disparagement
Organizer agrees not to publicly disparage Speaker for a period of 2 years after the final day of the Conference. Speaker agrees not to publicly disparage Organizer for a period of 2 years after the final day of the Conference. Notwithstanding the foregoing, Speaker may publish constructive criticism on how to improve Conference at any time after the last day of Conference Dates.
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Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the ____________________, without regard to its conflict of law principles. Any legal action arising out of or related to this Agreement shall be brought in the courts of ____________________, and the parties consent to the jurisdiction of such courts.
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Entire Agreement
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, inducements, or conditions, express or implied, oral or written, except as herein contained.
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Amendments
This Agreement may not be amended except in writing signed by both parties.
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Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
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Expenses
Organizer shall pay for all reasonable and necessary expenses incurred by Speaker in connection with the Engagement, including but not limited to transportation, lodging, meals, and reasonable incidental expenses, but limited to a cap of ________________________________________ USD. Speaker shall be responsible for submitting for reimbursement with original receipts, and itemized, categorized totals within 30 days of event, and Organizer shall be responsible for reimbursing within 30 days of said submission.
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Indemnification
Speaker shall indemnify and hold harmless Organizer, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses, arising out of or relating to the Presentation or any breach of this Agreement by Speaker. Organizer shall indemnify and hold harmless Speaker, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and expenses, arising out of or relating to Organizer's breach of this Agreement or any act or omission of Organizer, its officers, directors, employees, or agents.
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Intellectual Property
Speaker shall retain all rights, title, and interest in and to any pre-existing intellectual property owned by Speaker and used in the Presentation or any materials created by Speaker for the Engagement. Organizer shall retain all rights, title, and interest in and to any pre-existing intellectual property owned by Organizer and used in the Conference, excluding any pre-existing intellectual property licensed to Speaker under this Agreement. Any new intellectual property created by Speaker in connection with the Engagement shall be owned by Speaker.
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Confidentiality
The terms and conditions of this Agreement shall be confidential and may not be disclosed by either party, except to the extent necessary to comply with legal obligations or to enforce the rights and obligations of the parties under this Agreement.
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Termination
Either party may terminate this Agreement upon written notice to the other party in the event of a material breach of this Agreement by the other party that is not cured within thirty (30) days of written notice of such breach.
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Independent Contractor
Speaker is an independent contractor, and nothing in this Agreement shall be construed to create an employment, agency, partnership, or joint venture relationship between the parties.
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Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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Notices
All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been given when delivered personally, or by email or other electronic means of communication to the address of the party set forth below or such other address as may be designated in writing by either party:
Organizer:
________________________________________ (Name)
____________________________________________________________________ (Address)
________________________________________ (Email)
Speaker:
________________________________________ (Name)
____________________________________________________________________ (Address)
________________________________________ (Email)
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Speaker Signature:
________________________________________ (Name)
Signature Date: ___________ (Date)
Organizer Signature:
________________________________________ (Name)
Signature Date: ___________ (Date)