Vital Components of a Speaker Agreement Contract
Background on Speaker Agreements
A speaker agreement is a contract that formalizes an understanding between a conference organizer and a speaker who agrees to present at the conference. These agreements cover details on expectations for both parties, which can be helpful in preventing problems after a conference has begun and allocating risk for those problems. For conferences whose presenters require travel and overnight accommodations, it is particularly important for all details to be covered, especially since most speaker agreements are legally binding contracts .
Essentially, speaker agreements help protect each party’s interests by explicitly stating what is expected of each party in connection with the conference. They are very beneficial for intellectual property rights associated with the presentation itself, and if there is a fee for attending a conference, they are also useful for requiring that the party who must pay the fee do so in order to preserve the right to present at the agreed upon time. Some speaking engagements are highly lucrative, and agreements are very helpful for preserving payment information, protecting intellectual property and creating a formal arrangement between presenters and conference organizers.
Key Terms for a Speaker Agreement
A speaker agreement contract generally incorporates, at a minimum, the following clauses:
Scope of Work. The scope of work clause details all of the services that are required of the speaker in order to fulfill the obligation under the contract. For example, if you are only appearing for one hour, the contract should state that. Having a lengthy scope of work clause is an opportunity for you to control your engagement by either setting or limiting your obligations under the contract.
Compensation. The compensation clause, which is often tied to the scope of work clause, sets out your fee for services. If you are willing to negotiate on fee, this clause provides you with the opportunity to do so. For example, sometimes it may be better to be the featured speaker at an event rather than headline. A stipulation in the compensation clause, like "if the sponsor is able to fill all available seats, the fee will be $X," may be something to consider.
Cancellation Policy. In today’s world of uncertainty, cancellation policies are a must. Certainly you want to protect yourself from a last minute cancellation, but it is also important to account for the scenario in which you have to cancel or reschedule due to circumstances beyond your control. Some of these circumstances may include natural disasters or unforeseen events, serious health issues, and travel or other logistical issues (think weather). Perhaps the most common event that triggers a cancellation policy is the delay or cancellation of a flight, which may be out of your control. All of this to say, try to anticipate the possible events that would trigger the cancellation policy in order to determine whether the cancellation policy is appropriate for your needs and will still benefit the sponsor/host.
Intellectual Property Rights. Do you need to reserve your rights to any signed materials or presentations? This clause is particularly important if you have written materials or presentations that pertain specifically to the topic for the event. You don’t want to lose the ability to use those materials or presentations again and to share them with another event host.
Creating a Speaker Agreement
It is critical to keep in mind several essential aspects of what a speaker agreement contract should include. Why are speaker agreements so important? Simply because they serve to protect both your interests and those of the person (or people) you hire (i.e. your speaker) for a particular event. Essentially, a well-written speaker agreement establishes the relationship between the speaker and the organization hosting the event. What goes into a good speaker agreement contract? Basically, parties (i.e. major conference organizers, individual companies, etc.) and workers (that is speakers themselves) enter into these agreements so that everyone is clear as to what the parameters of the job in question are. How can a speaker agreement contract safeguard me? In a word, it provides for those particulars that an oral agreement may not, such as the compensation that is to be paid to a specific speaker for a given speech, any costs that will have to be absorbed by the organization hosting the event (e.g. travel and/or lodging), etc. The speaker agreement can also protect the speaker inasmuch as it will outline any number of such things as creative control or intellectual property rights that would be limited by an oral agreement. A few particulars of a typical speaker agreement contract typically include information concerning how long the speech will last in terms of time or product limits, confidentiality and termination clauses, and applicable laws and jurisdiction. Should I use a template when drafting a speaker agreement contract? The best bet is to find an agreement that comes as close to fitting the particulars of your situation as possible, but even then it is best to either create your own or amend the template in such a way so as to address your specific situation. A one-size-fits-all approach may lead to gaps in your contract as they pertain to, in this case, a speaker. The ideal speaker agreement contract specifies all pertinent matters to ensure that neither party has questions as to their rights under the contract. A comprehensive speaker agreement contract not only protects the interests of the organization hosting the event(s), but also those of the individual(s) who are hired to perform as speakers at such events. When it comes to speaker agreement contracts, some additional aspects that one needs to consider are related to: Who drafts a speaker agreement contract? Ordinarily, the speaker agreement is driven by the party that hires the speaker in the first place. But a smart, thorough speaker will likewise insist upon having his or her concerns addressed as well. In general, both parties will meet and focus on what they are looking for in the present agreement and negotiate accordingly.
Terms for a Legal Speaker Agreement
The legal implications of a speaker agreement contract can be extensive, depending both on the laws of the parties’ jurisdiction and the specific terms of the contract itself. No matter what industry you work in, it’s critical to be aware of what you’re signing up for when you enter into a speaker agreement contract. Lawyers should be involved in any speaker agreement contract that is signed — ideally, in the drafting and negotiating stages. Even if you don’t think you need legal support for your speaker agreement contract, consider the consequences of a poorly documented agreement. Even some of the most common contract violations can result in serious legal or financial consequences.
Violating any one of the elements discussed above can lead to significant legal penalties for the violating party. This is a significant consideration for both event hosts and speakers. Especially when neither party is represented by an attorney and doesn’t fully understand the legal implications of entering into a speaker agreement contract, signers should be careful with what they’re signing. A good rule of thumb for both parties is to consult with an attorney before entering any agreement that seems even slightly questionable.
Common Speaker Agreement Mistakes
Some common pitfalls and mistakes found in speaker agreements and contracts are those which leave the speaker and/or the event organizer in a worse position than they were before the contract was entered into.
One example is when an agreement contains ambiguous clauses or language. This amounts to insufficient specificity for the speaker or the organization, which creates an opportunity for disagreement over the appropriate interpretation of certain terms in the agreement. This can lead to unprofitable delay for both parties, as the speaker and organizer have to spend additional time in negotiations and possibly even enter into arbitration to settle disputes. A good speaker agreement contract will contain unambiguous language which will allow both parties to understand precisely what is expected of them.
Another common mistake is the absence of relevant clauses in a speaker agreement. Experienced event companies and speakers will likely include clauses in their speaker agreement contract which address important topics such as intellectual property , cancellation or breaches. Without clauses covering same, the terms agreed by both parties to serve as a speaker and to host the speaker can be very one sided. For example, an emerging speaker may have agreed to give a speech and only be compensated for their travel expenses, only to find out after the fact that the event was cancelled without cause and they are not entitled to any compensation.
Finally, an agreement can fail to include an adequate dispute resolution mechanism so that the parties do not have to turn to costly litigation in the future if the parties have a dispute under the contract. If possible, a solid dispute resolution mechanism should require the parties to attempt mediation before proceeding with other forms of dispute resolution.
Enforcement and Modification of a Speaker Agreement
The enforcement of speaker agreements is generally not an issue if all parties follow the contract provisions. When disputes arise, however, courts will often enforce the letter of the law as written. To avoid litigation, therefore, it is important to provide a clear process for resolving disputes. Litigation, especially in the case of celebrity speakers, is not a very attractive proposition. Many states require that agreements with celebrity speakers contain a provision for arbitration of disputes.
If the speaking engagement does not go as planned, either from the perspective of the speaker or the event organizer, the contract can be modified to address the concerns of either party. It is essential, therefore, to include a process for modifying the contract. Parties should be required to submit a formal written request for specific modifications to the contract, ideally with sufficient time before the speaking position is filled.
Specifically, the contract should spell out the mutually agreed-on procedures for modification, including any required legal processes the parties must follow. Many contracts state that changes or amendments to the contract must be in writing to be considered valid, but usually do not go into much detail. Including such details will help protect the rights of both the speaker and the event organizer.
Sample Speaker Agreement
The following sample speaker agreement is generic, and meant to help with speakers that just need a contract to cover the essential elements. You will need to add the specific dates, times, amounts and other details.
SPEAKER AGREEMENT
This Speaker Agreement (the "Agreement") is entered into this __ day of [Month], [Year] by and between [Your Full Name] and [Your Personal Company Name], located at [Your Home Address], ("Speaker"), and [Recipient Name and Address], ("Client").
WHEREAS Client wishes to engage Speaker to appear as the featured speaker at the [Insert Name] on [Insert Date and Time].
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:
- SPEAKER SERVICES. Client desires to engage the services of Speaker as a speaker for the term of this Agreement. Speaker accepts the engagement to provide such services under the terms and conditions of this Agreement.
- TERM. The term of this Agreement shall be for the period of time commencing on ___ (Insert Date) and ending on ___ (Insert Date).
- FEES. Speaker and Client mutually agree that Client shall pay Speaker a fee of ___. Funds will be paid to ___. The fee shall be paid by ___(Insert Date) and ___(Insert Date).
- REIMBURSABLE EXPENSES. Reimbursable expenses may include but are not limited to: airfare, hotel accommodations, meals, parking , ground transportation (car rental or taxi).
- CONFERENCE PRODUCER. [Your Full Name or Your Personal Company Name], is an independent contractor and is in no way associated with ___(Insert Company Name) or ___(Insert "Event") or any of its affiliates.
- LICENSES. In consideration of this agreement, the Client grants to Speaker an exclusive and perpetual license to use the Biographical Material without limitation. The new material shall remain the exclusive property of Speaker.
- ENTIRE UNDERSTANDING. This Agreement contains the full and complete understanding of both parties concerning its subject matter. This Agreement shall not be modified except in writing signed by both parties. Any agreement or agreements made prior to and contemporaneous to the execution of this Agreement are null and void.
- NO WARRANTY. THE SPEAKER MAKES NO GUARANTEE THAT THE ATTENDEES OR SUBSCRIBERS WILL PURCHASE, JOIN OR ENROLL IN ANY PROGRAM, PRODUCT OR SERVICE, OR QUALIFY FOR ANY LEVEL OF SUCCESS.
IN WITNESS WHEREOF, the Parties hereto have executed this Speaker Agreement as of the date first above written.
____(Your Full Name)_____ CLIENT
____(Date)_____ _____(Name)_____
_____(Title)_____
Client’s Signature
_______(Date)_________ _____(Date)_______
SIGN IN INK AND HAVE IT NOTARIZED
Be sure to have it dated and keep it somewhere you can get it quickly if there is an opportunity to sign one in person.