SPEAKING ENGAGEMENT CONTRACT TERMS
These terms and conditions (‘Terms’) govern your engagement of Dr Kristy Goodwin (“the Speaker”) to speak and present for your organisation at the agreed venue. You agree to be bound by these Terms including the Booking Confirmation Form and any further terms related to the speaking engagement as agreed in writing.
“Assistance” means the assistance required by the Speaker to enable the Presentation to be made including, but not limited to any prior access to the Venue, information, and comments by the Organisation on the Presentation.
“Booking Confirmation Form” means the online booking confirmation form which includes the presentation details, dates and times.
“Date and Time” means the date and time agreed for the Presentation to be made.
“Deposit” means a 50% non-refundable deposit payable in advance.
“Facilities” means any facilities the Organisation is required to provide for the Presentation as agreed in writing, including, but not limited to, any beverage, chair, whiteboard, computer equipment, laptop, audio-visual, technology and other equipment.
“Fees” means the total fees payable to the Speaker for the Speaker to deliver the Presentation.
“Handouts” means all digital handouts, all Presentation summaries and all materials provided at any time in relation to the Presentation.
“Intellectual Property Rights” means all copyright, trademark, design, patent, trade secrets, confidential and other rights whether registered or unregistered.
“Organisation” means you; the school, company or organisation who has requested the Presentation services of the Speaker as further defined in the Booking Confirmation Form.
“Presentation” means the speaking package agreed in writing to be provided by the Speaker to the Organisation at the Venue on the Date and Time, and may include a keynote, parent seminar, lunch and learn or school package presentations and is further defined in the Booking Confirmation Form.
“Presentation audience” means the audience present at the Presentation, or an audience member who has paid to attend who is unable to attend due to unforeseen circumstances.
“Terms” includes these terms, and other terms as agreed between the parties in writing, and the Booking Confirmation Form.
“Travel and Accommodation Costs” means the costs for any Presentation to be delivered outside Sydney metropolitan area, including reasonable travel expenses – a round trip, and reasonable single room accommodation.
“Venue” means the venue as agreed in writing between the parties and is further defined in the Booking Confirmation Form.
“We/ us/ our” means the Speaker and her representatives, including any employees, contractors or agents.
By agreeing to these Terms, you agree to engage the Speaker in accordance with all the following terms and conditions of this agreement. We agree to prepare and present the Presentation at the Venue on the Dates and Times. You agree to pay us the Fees and all Travel and Accommodation Costs and any other costs under this Agreement.
3. OUR OBLIGATIONS
1) In delivering the Presentation:
a) we will comply with:
i) all applicable laws;
ii) any occupational health and safety requirements related to the Venue (as notified to us from time to time); and
iii) your reasonable directions (as notified from time to time); and
b) we will act professionally, ethically and responsibly at all times.
2) If requested by you, we will provide a copy of the Presentation Materials to you within a reasonable time before the Dates and Times.
3) We will notify you as soon as we become aware if:
a) we will be unable to deliver the Presentation in accordance with these Terms; or
b) a conflict of interest arises in connection with the Presentation.
4) We will not subcontract or delegate the delivery of the Presentation by the Speaker to anyone else without your prior written consent.
4. YOUR OBLIGATIONS
1) You must:
a) provide the Assistance to us;
b) on the Presentation Date, procure our access to the Venue and make the Facilities available to us; and
c) pay the Fees and Travel and Accommodation Costs to us within 7 days of the date of the Presentation.
2) Where a Deposit is required to secure the Dates and Times of the Presentation, we require you to pay it at the time of you agreeing to these Terms. All Deposits are non-refundable in order for us to reserve our time and prepare our Presentation.
3) You acknowledge and agree that additional fees may apply where you request Speaker exclusivity, namely that the Speaker does not engage in nearby presentations or presentations within particular dates.
4) The Speaker may be available for media interviews where agreed in advance and you agree to pay additional fees that may be incurred.
5. THE PRESENTATION AND PRESENTATION MATERIALS
1) As between you and us, we retain all rights (including all Intellectual Property Rights) in the Presentation and Presentation Materials, subject to the licence in paragraph 5.3.
2) We warrant that:
a) we have all necessary rights (including Intellectual Property Rights) to deliver the Presentation and grant you the rights in the Presentation Materials, in accordance with these Terms; and
b) the delivery of the Presentation and use of the Presentation Materials as contemplated by these Terms will not contain defamatory or illegal material, or infringe the rights (including Intellectual Property Rights) of any person.
3) We grant you a non-exclusive, revocable, royalty-free licence for the duration of these Terms to reproduce and disseminate the Presentation Materials for the sole purpose of providing the Presentation Materials to the Presentation Audience. You must ensure that all Presentation Materials contain the required attribution and copyright protections prior to dissemination.
4) You must use your best endeavours to acknowledge the moral rights of the Speaker as conferred under the Copyright Act 1958 (Cth) in relation to the Presentation at all times.
1) The Speaker authorises the Organisation to use her name, likeness, photo and biography provided in connection with the use and promotion of the Presentation. No audio or visual recordings, or rebroadcasting of the Presentation may be made without the prior written consent of the Speaker. Consent must be obtained before the Presentation Date and Time in writing and may be withheld at our sole discretion. Any audio or visual recordings and rebroadcasting rights will be on a non-exclusive basis and additional fees will apply. 2) We may, at the Speaker’s own discretion, promote the Presentation via social media channels on the events page of the Speaker’s website.
3) You grant the Speaker a royalty-free, non-revocable, worldwide, non-exclusive license for the duration of these Terms to use the Organisation’s name and trademark to promote the Presentation.
4) The Speaker will use her reasonable endeavours to be available prior and after the Presentation for media interviews. Any additional promotion or publicity must be requested in writing and is undertaken at the Speaker’s sole discretion.
7. NEARBY ENGAGEMENTS AND OTHER USE
1) The Speaker may engage in similar Presentations nearby to the Venue, and/or on similar Dates and Times. Your engagement of the Speaker does not guarantee any exclusivity of the Presentation unless agreed in advance.
2) You further acknowledge and agree that the Speaker as the owner of the Intellectual Property Rights in the Presentation has the right use the Presentation and Presentation Materials in any way in the future.
1) In the event that you cancel the Dates and Times or need to reschedule the Dates and Times and we are unable to accommodate, our cancellation fee is the 50% of the Fees. If you have paid the non-refundable Deposit this will be forfeited in lieu of the Cancellation Fee.
2) If you cancel and do not rebook at an agreed time, the additional fees under Termination become due and payable within seven days of cancellation.
3) You acknowledge and agree that there may be circumstances including, but not limited to inclement weather or travel restrictions, which may prevent the Speaker from delivering the Presentation. Provided the Speaker has used her best endeavours to present, the full cost of Fees, Travel and Accommodation costs must still be paid and will not be waived.
4) We are not liable for any direct or indirect or consequential loss or damage, costs or expenses suffered or incurred by you in connection with our late attendance or failure to deliver the Presentation.
1) Either party may terminate these Terms by giving the other party sixty days prior notice in writing to the Date of the Presentation.
2) We may also terminate these Terms by notice to you immediately:
a) if a Deposit is required and has not been paid; or
b) if you otherwise breach these Terms.
3) You may terminate these Terms by written notice to us at any time provided that you pay the Cancellation Fee and all Travel and Accommodation Costs and any other costs incurred in relation to the Presentation within seven days of the date of the cancellation.
4) To the extent permitted by law, we are not liable to you for any direct or indirect or consequential loss or damage, costs or expenses suffered or incurred by you for any termination of these Terms.
10. FORCE MAJEURE
In the event that any cause beyond the reasonable control of either party, including but not limited to any acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, state department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform its obligations under these Terms, the affected party’s performance shall be extended or excused without liability for the period of delay or inability to perform due to such occurrence.
1) This agreement is governed by the laws of New South Wales Australia, and we (you and us) irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
2) Any modification to or variation of this agreement must be in writing and signed by you and us.
3) A waiver of any provision of or right under this agreement must be in writing signed by the party entitled to the benefit of that provision or right and is effective only to the extent set out in any written waiver.
4) We (you and us) must use reasonable efforts to do all things necessary or desirable to give full effect to this agreement.