Yes... By signing below, I agree to the following Terms and Conditions of this Speaker's Agreement listed below:
This agreement is made by and between Tonya Hofmann/ Public Speakers Association hereinafter referred to as the “promoter” and Name on this signed agreement, hereinafter referred to as the “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 speak at the Public Speakers Conference hereinafter referred to as the “Event”. Speaker is guaranteed time chosen in this agreement. Speaker time and day will be selected by the promoter after this 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.
Event: Public Speakers Conference
Date: June 20-22, 2019 Proposed Dates
Location: London, England area
All information on location and exact dates are under review and information will be send to speaker as soon as the contract is signed by promoter.
Speaker Spot rates come with 4 night stay and 3 conference lunches.
All location and extended stay information will be posted soon. Pricing does not include flight, excursions or other meals and expenses. The hotel accommodations are for 1 double bed shared with a selected room mate. I can choose my room mate and I understand that I must notify Tonya Hofmann at email@example.com to notify her of the selected room mate.
I understand that if I want to bring a spouse, friend, relative, partner, employee, etc to the event and to share my room, I need to sign that person up for the Regular attendee rate.
1. 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 appropriate conference venue with all the necessary set up and equipment to facilitate a successful presentation at the event. Promoter will supply (if needed) sound system and microphone. Promoter agrees to provide personnel to assist Speaker with distributing sales literature (if applicable) and presentation handouts. Online promotions on www.PublicSpeakersConference.com of the Speaker will include but not limited to: Head shot, title of presentation, short description of presentation, social media links to Speaker and Website Link. Event will also promote Speaker on a variety of advertisements and handouts, through social media, email marketing campaigns, Tonya Hofmann’s Fabulous TV Show, recorded promotional videos and other marketing platforms.
If however, the speaker offends, insults, or suggest that the audience does not do business with any other speaker, if the speaker in any way creates an environment of negativity and/or meanness, then the promoter may pull the speaker from the stage without any compensation to the speaker. Also, the speaker must present on the topic agreed upon with the promoter or the promoter has grounds for dismissal from the stage without any compensation.
2. Speaker Obligations
Speaker agrees to deliver a presentation on a topic agreed upon by Promoter within 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 receive a table spot to "sell" from. Speaker agrees to finish his/her presentation on time as stated on Event schedule. Speaker agrees to return to accompanying Speaker Information and Speaker Recording Consent forms and fully disclose information about all product and/or service to be promoted during the Event as well as any guarantees offered for said product or service. If speaker is using presentation handouts for attendees, Speaker will bring his/her own copies to event and the amount needed to cover all attendees. The information covered needs to be directed towards those who want to understand the reality of the speaking realm and the speakers subject matter during his/her talk should be informational, educational, and entertaining. The Attendees should learn real information they can utilize in their business and speaking career. Interactive presentations are highly suggested!!!
3. Names and Addresses of Attendees
The speaker will be emailed the contact information of all attendees if the speaker asks the promoter for the list. 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.
4. Event Promotion
Speaker agrees to become an affiliate for the Public Speakers Conference and promote the Event to his/her database minimum three (3) times starting from date signed including but not limited to hosting Tonya Hofmann on one (1) tele-seminar, webinar or radio/TV show, 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 Public Speakers Association or Conference (here after known as PSA) and is prohibited from stating or implying, whether orally or in writing, otherwise. The Speaker has no authority to bind PSA to any obligation. PSA 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 determine how to conduct business, subject to PSA Speaker Agreement. As such PSA shall not withhold any sums from the payments made to The Speaker under this Agreement for state or federal income taxes or pay any sums for social security, workers compensation or unemployment insurance on Speaker’s behalf. 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 PSA shall report all payments made on an IRS Form 1099, and 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 PSA. The Speaker will have no authority to bind PSA or otherwise incur liability on behalf of PSA.
6. Event Registration Fees
The registration fee(s) listed on Event web site and in any/all written promotional materials are non-negotiable registration fee(s) due Promoter and the only registration fee(s) at which affiliate commission will be paid. 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 PSA.
Speaker has no registration fee requirement to attend.
7. Products or Services
All products/services, product/services prices, terms of sale, and promotional pieces offered by Speaker must be approved by the Promoter prior to event. Promoter has the non-negotiable right to ask Speaker not to display/sell a product or service if promoter deems such product or service inappropriate for Event or in conflict with another speaker’s offer.
Speaker may choose to sell products on site or to have a display product for taking orders. Any products not given to purchaser on site must be shipped within five (5) days after the Event from Speaker’s location. All shipping costs will be the expense of the Speaker.
Speaker will ship his/her own products/courses to sell at he event directly to the hotel in his/her name. Speaker will make arrangements for product shipment to and from event and will pay for all shipping expenses. Speaker will be responsible for any hotel storage and/or delivery charges for speaker’s products to and from event. Note: The hotel may charge a fee for storage so please check into that before shipping products.
Speaker will sell and mention only the products and services mutually agreed upon between the parties and create a payment schedule that is agreed upon in advance. Products and/or payment schedules will not be CHANGED at or during Event. Speaker will leave with an order form with the contact information of all attendees who purchased any of the Speaker’s products/services.
Speaker will have a dedicated table space (vendor booth) from 3’ of table space depending on availability in the room during all three days. If table does not come with speaker's time slot, a 3' table top will be available immediately after your talk. Set up for vendor product table will be on announced soon. Tear down is on June 22nd after last speaker. All products/services offered will be available to sell on speaker’s designated table during duration of event. Speaker may utilize Speaker’s table to sell from before and after the assigned Speaker’s presentation time. At no time should Speaker discourage an attendee, vendor, sponsor or another Speaker 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 table.
8. Product Order Form
Speaker agrees to provide and use a 2-part order form to process all sales during the event and Speaker will pay for printing costs of order forms. Forms must be easy to read and fill out. One copy will stay with Speaker to fulfill the order and the last copy to the client for his/her records.
9. Product Delivery
Speaker is expected to fulfill all orders for physical products sold at Event either immediately on site or shipped within five (5) days after the event.
10. Product Collection of Payments, Division and Payment of Proceeds
All payments (including checks and cash) will be collected and processed by Speaker.
It is agreed that Speaker will arrange and pay for all of his or her own travel, lodging, ground transportation and meals except for the 4 night split room with a chosen attendee by PSA Conference and 3 lunch selections. All other costs of travel, meals and excursions outside of the agreed upon offer is responsibility of the Speaker.
Speaker’s obligations under this agreement may not be assigned or transferred to any other person and/or entity. If the time is being shared by more than one speaker, all speakers and their subject must be approved and an agreement signed by each person in the party.
This entire Agreement is confidential and Speaker is bound herein not to discuss this Agreement, especially product sales and payment details, with any other person without the express approval of Promoter.
16. 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, or if no such party can be agreed upon, by 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 tin a court of law. The venue for the arbitration will be Williamson County in the City of Leander, TX.
17. 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.
18. Nature of Agreement
This agreement shall, in all respects, be governed by the laws of the State of Texas applicable to agreements executed and to be preformed within Texas. 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, Public Speakers Conference will be recorded in parts, segments and through photography. The signing party (those who have signed the agreement to attend) for all participants in the Public Speakers Conference are hereby known as Participant/Customer, the Public Speakers Conference is known as Product/Program and Tonya Hofmann/Your Local City, Inc. is known as Company/Principals in this document.
I hereby grant you, Tonya Hofmann and Public Speakers Conference, 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 at the Public Speakers Conference, to be used in commercial, instructional, and promotional activities as Tonya Hofmann, Public Speakers Association and Public Speakers Conference sees fit.
This event will NOT be recorded in it's entirety and any recording is for small section of promotion and not for full content of presentation.
Tonya Hofmann, Public Speakers Association and Public Speakers Conference shall own 100% rights, title and interest in resulting product 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 Public Speakers Conference). No presentation will be recorded unless the Speaker has paid Carmen Buck to record the presentation. Promoter will be encouraging snap shot and selfie recordings and pictures throughout the event and Speaker understands that they may be caught in such efforts.
Disclaimer and Standard Terms
To accept participation in the Public Speakers Conference , which is offered by Tonya Hofmann and Public Speakers Association , Participant expressly acknowledges and agrees that nothing in this document or any other written or oral communication relating to the Project, or any materials promulgated or distributed with respect thereto constitute a representation or guarantee. The project is performed by Company as an educational event for the Participant, and no representation or warranty of any kind regarding specific or general benefits, monetary or otherwise, was or has been made by the Program and/or its board, agents, and employees including, without limitation, Tonya Hofmann, Public Speakers Association and Public Speakers Conference and any of the other vendors who participant in realizing the project. Participant acknowledges that neither the Program nor the Company, in whole or in part, are responsible for Participant’s business success or failure, for Participant’s acts or omissions, or the appropriateness or Participant’s business decisions heretofore or hereafter.
Under every circumstance Participant’s only representation, guarantee, and recourse is a refund of purchase price under the conditions stated in the special report describing the event. All Participants may receive a full refund within 3 days of purchase or whatever “cooling off” period is in their state/province or country.
If Participant does not agree with terms and conditions of the Standard Audio and Visual Release and Standard Terms Participant does not have to participate in this offer and event.
Participant hereby releases the Program and the Principals from, and agrees and covenants that participant will not contact any governmental agency nor sue the Principals on account of any and all claims or causes of action in connection with the Program, and, in no event shall any Course, the Program or the Principals be liable for any punitive damages, incidental or consequential damages whatsoever.
Participant hereby agrees to and does indemnify the Program and its Principals 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 Participant of its obligations, agreements of covenants hereunder, and, any acts or omissions by the Participant, 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 Texas, 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.
PARTICIPANT REPRESENTS AND WARRANTS THAT PARTICIPANT 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 PARTICIPANT’S OWN INDEPENDENT ATTORNEY OR OTHER ADVISER BEFORE EXECUTING SAME.