SAMPLE SPEAKER CONTRACT (MODIFY AS APPROPROPRIATE - DELETE PROVISIONS THAT DO NOT APPLY)

Transcription

1 SAMPLE SPEAKER CONTRACT (MODIFY AS APPROPROPRIATE - DELETE PROVISIONS THAT DO NOT APPLY) HEALTHCARE FINANCIAL MANAGEMENT ASSOCIATION INSERT CHAPTER NAME Speaker Agreement This Agreement is entered into this th day of (MONTH YEAR) by and between the INSERT CHAPTER NAME and INSERT SPEAKER NAME. WHEREAS INSERT CHAPTER NAME wishes to make certain educational presentations available as part of its Chapter conference or other educational forums (the Programs ); and WHEREAS INSERT CHAPTER NAME has need for the services of an independent contractor who will develop and present one or more of the Programs; and WHEREAS Speaker represents that he or she has sufficient professional knowledge and skill to develop the materials necessary for, and to present, the Program(s) in a manner acceptable to INSERT CHAPTER NAME; and WHEREAS INSERT CHAPTER NAME wishes to retain the services of Speaker, and Speaker wishes to render such services to INSERT CHAPTER NAME, upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual undertakings and commitments set forth below, the parties agree as follows: 1. Engagement. INSERT CHAPTER NAME hereby engages Speaker, and Speaker hereby accepts engagement, to develop and present one or more of the Programs upon the terms and conditions set forth in this Agreement. 2. Obligations of Speaker. Speaker hereby acknowledges and agrees to the following obligations: Program(s). Program Name a. Develop written content material for presentation at the Date INSERT PROGRAM NAME(S) INSERT DATE/TIME

2 Written material is not to include company logos with the exception of the first and last pages of the presentation. b. Deliver the written materials to INSERT CHAPTER NAME no later than INSERT DATE. The submission of written materials is mandatory and the deadline date for submission must be met. Audio/visual requirements must be included. c. Develop and provide written audience handouts as appropriate-for the Program(s). d. Present the Program(s) in an appropriate format and answer questions following the Program(s) as appropriate. 3. Obligations of INSERT CHAPTER NAME. INSERT CHAPTER NAME hereby acknowledges and agrees to the following obligations: a. Compensate Speaker as provided in Paragraph 4, below. b. Arrange for general audio/visual equipment required for the Program(s), as requested by Speaker in writing at the time of submission of written materials. 4. Compensation. a. INSERT CHAPTER NAME shall reimburse Speaker up to $XXX U.S. dollars per program for travel and expenses per reimbursement schedule. No further payment shall be due and payable to Speaker. b. The fee shall be payable within thirty calendar (30) days after presentation of the Program. c. Speaker is responsible for making his or her travel and hotel arrangements and reservations, and for payment of all travel and hotel expenses. 5. No Marketing or Promotion and No Endorsement. Speaker hereby expressly agrees that the Program shall not, under any circumstances, include any statements that include, or could be construed to include the following: a. Marketing or promotional statements related to any of Speaker s product(s) or service(s); or 2

3 b. Statements that imply that any of Speaker s product(s) or service(s) are endorsed by INSERT CHAPTER NAME. 6. Speaker s Representations and Warranties. Speaker hereby represents and warrants that the contents of the Program(s) are an original work of sole authorship and that all materials used are original, or that appropriate permission to use such materials has been obtained in writing, and that use of such materials will not infringe any copyright or other proprietary right of any person. The responsibility for assuring that no infringement shall occur rests solely with Speaker. 7. Ownership of Copyright and License ( INSERT CHAPTER NAME License) a. Speaker shall retain the copyright in the original materials developed for, and presented by Speaker during, the Program(s). b. Speaker hereby grants to INSERT CHAPTER NAME non-exclusive rights to access, use, and copy all such original materials contained therein, in perpetuity. 8. Audiotaping and Videotaping. Speaker agrees that the presentation of the Program(s) may be audiotaped and/or videotaped by INSERT CHAPTER NAME or its delegate for subsequent sale with handouts. INSERT CHAPTER NAME shall hold the copyright to any such tapes. 9. Independent Contractors. The relationship between the parties is and shall at all times remain that of independent contractors. Nothing in this Agreement shall be deemed to create a joint venture, partnership, agency, employment or other relationship between INSERT CHAPTER NAME and Speaker. INSERT CHAPTER NAME shall not be responsible for the payment of any benefits or employment taxes for Speaker. 10. Termination. a. Either party may terminate this Agreement by giving the other party thirty (30) days prior written notice. Notice shall be deemed to be given when sent by first class mail to the party s address as indicated above. b. In the event of termination, no compensation shall be due or payable to Speaker. Program Cancellation Policy: Should lack of sufficient registrants force cancellation of this program, you will be notified one week in advance. Any decision to cancel a seminar will be up to the INSERT NAME in consultation with the lead faculty. If the program should be canceled for reasons beyond the 3

4 control of INSERT CHAPTER NAME (e.g. weather, labor strikes), you will be notified as soon as possible. Although INSERT CHAPTER NAME cannot provide you with compensation in the event of cancellation, we will make every effort to reschedule the program or use your services for future programs as appropriate. In the unlikely event that INSERT CHAPTER NAME should have to cancel or change a program topic, the speaker will be notified immediately. In the event that you would have to cancel your participation as a speaker for this educational program, INSERT CHAPTER NAME must receive notification immediately. At that time, we would require that you recommend a qualified replacement. INSERT CHAPTER NAME also retains the right to name a replacement participant. 11. Indemnification. Speaker assumes the entire responsibility and liability for all claims, losses, damages, fees (including attorneys fees) and other costs caused by or arising out of the speaker s presentation of false, misleading, or inaccurate information or to claims of speaker copyright infringement, and Speaker agrees to protect, defend, indemnify and hold harmless, INSERT CHAPTER NAME and its officers, directors, members, employees, and agents against all such claims, losses, damages, fees, and other costs. 12. Miscellaneous. a. This Agreement may not be assigned by either party without the prior written consent of the other party. b. If any portions of this Agreement are determined to be invalid or unenforceable, the remaining portions shall nevertheless remain valid and enforceable. c. This Agreement shall be governed by and construed in accordance with the laws of the State of INSERT STATE. If any action or proceeding is brought by a party in connection with this Agreement, the prevailing party shall be entitled to all costs, including reasonable attorneys fees, incurred to enforce its rights hereunder. d. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, whether oral or written. It may not be amended or modified except in a writing signed by both parties. 4

5 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. Such execution may be evidenced by facsimile transmission of the signed Agreement. HEALTHCARE FINANCIAL MANAGEMENT ASSOCIATION _ INSERT CHAPTER NAME By: Name _ Title Signature SPEAKER By: Print Name Signature Date 5