This engagement will be offered under the sponsorship of the association, and terms of this Agreement are specific to that sponsorship relationship. The parties agree as follows:
I. Responsibilities of the Association
- The association will copy, assemble and ship the educational materials, provided they are delivered according to due date (see below section on Responsibilities of Speaker).
- The association will coordinate any necessary pre- or post-meetings to discuss the presentation.
- The association reserves the right to edit, rewrite, or otherwise change or correct any materials produced by Speaker if necessary.
II. Responsibilities of the Speaker
- If the association plans to release a virtual component of the meeting, the speaker will provide the recorded presentation in a .mp4 or .mov format by the association’s due date.
- Speaker will deliver materials by the due dates.
Speaker agrees to the following:
- No logos or PowerPoint backgrounds with the speaker’s name or the name of your organization will be on any work materials. The speaker name may appear on the title slide and the speaker name, title, and organization may appear on the last slide.
- Speaker grants to the association the right to use speaker’s name, photograph, and provided biographical and profile information in connection with promotion and publicity for deliverables.
- All matters and decisions relating to the use, publication, advertising, promotion, pricing, distribution, and sales deliverables shall be determined by the association.
- The deliverables will be developed/presented for the purpose of this engagement.
- The speaker verifies that the deliverables do not infringe any copyright or other intellectual property rights or invade any other third party, the deliverables shall not contain libelous or unlawful matter, and all factual statements are based on customary standards of academic research.
III. Relationship of Parties
- The relationship of the speaker member to the association will be that of an independent contractor acting on the behalf of the association and not as an agent, joint venture, or partner.
- This document constitutes the entire agreement between the association and the speaker related to the program defined herein.
IV. Audio and Webinar Release
The Speaker grants to the association any and all copyrights in recordings made during the engagement and the right to make, use, and sell copies of such recordings in any and all media, and to edit such records as reasonably deemed necessary by the association in order to render suitable for sale. The Speaker releases any and all claims against the association, which may arise directly or indirectly from the sale of copies of such recordings. In consideration for the above release and grant, the association agrees to acknowledge the Speakers contribution to the recordings sold and in material disseminated with such recordings, in the way outlined in materials submitted by the speaker. Recordings and presentations may not be uploaded to a streaming media platform, such as YouTube.
V. Terms and Conditions of Termination
Cancellation: Agreement is for the engagement indicated above only. If for any reason the association deems it necessary to cancel the engagement indicated above, the association will provide notice to the Speaker in writing at least 10 business days in advance of the engagement date. The Speaker will retain any discounted registration related to this engagement. The association will not be held responsible for travel or accommodation expenses incurred. When the association deems it necessary to cancel the engagement due to the Speaker’s failure to comply with the terms and conditions of this agreement, all parties agree that all release and copyright conditions within this document shall remain in effect.
Speaker Cancellation: If for any reason the Speaker deems it necessary to cancel the engagement indicated above, Speaker agrees to provide notice to the association immediately in writing in advance of the engagement date. The Speaker relinquishes rights to any registration concessions/discounts provided as part of this agreement. Speaker also agrees to reimburse the association for all travel or accommodation expenses incurred by the association in relation to the canceled event. In cases where cancellation is made by the Speaker, all parties agree that all release and copyright conditions within this document shall remain in effect.
It is understood and agreed that neither party to this Understanding shall be liable for any negligent or wrongful acts, either of commission or omission, chargeable to the other, unless such liability is imposed by law, and that this Understanding shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one party against the other or against a third party.