This Speaker Agreement (the “Agreement”) is entered into on this year of 2016, by and between Employer Healthcare & Benefits Congress (hereinafter referred to as “Congress”) and the Speaker. Speaker hereby understands and agrees to have received good, valuable and sufficient consideration, including participation in activities at the Congress including the possibility of publicity in return for speaking and providing a release.
Congress is having an Employer Healthcare & Benefits Congress meeting September 25-28th, 2016 at the Gaylord National Resort & Convention Center in Washington, D.C. Speaker is interested in participation in Congress and understands that Speaker will receive proper press exposure, publicity and promotion in exchange for their presentation and/or participation.
SPEAKER AGREEMENT AND AUTHORIZATION
Speaker grants to Congress, its subsidiaries, affiliates, agents, successors and assigns (together referred to as “Congress”) a royalty-free license and release to reproduce and permission to record, use, publish, stream live, stream on-demand, offer for download, offer for sale or otherwise distribute any recordings of any session speaker conducts or participates in at Congress. Such right and permission includes, but is not limited to, speaker’s name, recorded audio or video, photograph or likeness, biographical information, handouts, electronic slides or any material based upon or derived from the session. This release shall be binding upon the speaker and their heirs, legal representatives and assigns.
Any materials created for the purpose of conducting the session shall continue to be owned by the speaker and they will continue to be the copyright holder for said material. Speaker does, however, grant a non-exclusive, unrestricted, worldwide perpetual license to Congress to utilize, as described above, the specific recorded audio or video production and handout or slide materials from the session(s) the speaker conducts or participates in at Congress. Speaker agrees that Congress may use Speaker’s name, photograph and biography in connection with such promotion and in the preparation of the conference materials.
Speaker understands that Congress may, at its sole discretion, produce presentations or publications based in whole or in part upon the seminar (or any portions thereof) and/or video or audio recordings or photographs of that seminar, and that such presentations or publications may appear in print, online or in any manner or media, professional certification programs individuals pay to enroll in, and including, but not limited to, promotional or marketing materials for future Congress sponsored or endorsed events. This Agreement shall be effective as of the date first written below and will apply to all rebroadcasts and subsequent use of the Recordings by the Released Parties.
Speaker hereby warrants and represents that they have the right to enter into this agreement and to grant the rights granted to Congress herein. Speaker represents and warrants to Congress that the work is the Speaker’s own original work; that the Speaker is the sole owner of the Work and all of the rights herein granted; that the Speaker has the full right and power to make this release and license; that the work does not violate any copyright, proprietary, intellectual property or personal rights of others; and that the work is factually accurate and contains no matter defamatory or otherwise unlawful. Speaker understands that they must own all the rights to or have documented permission to use any text, images, audio, video or other multimedia presented in their session. Speaker agrees that during the course of the seminar they will not violate the rights of any third party, including, but not limited to, copyrights, rights of privacy, trade secrets and non-disclosure agreements, and that in the event of any breach of any of these warranties, that speaker will defend and hold Congress harmless against any such claims. While EHBC does not restrict speakers from speaking at other events, speaker must notify Congress if they are going to or intend to speak at another employee benefits conference. Attendees have requested that EHBC have original speakers and content and that speakers have not or are not speaking at other employee benefits conferences. Therefore, speaker must notify EHBC of this and EHBC shall have the right to rescind this agreement and the offer for speaker to present at the Employer Healthcare & Benefits Congress. EHBC can notify speaker of a rescission at any time and with or without any notice, in order to protect the congress’ reputation for having original content and speakers.
Speaker agrees that sales pitches, no matter how subtle, are not allowed, and that speaker agrees to prepare a presentation that is educational in nature.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned speaker (“Speaker”) agrees to the following:
Speaker hereby agrees that Congress will provide Speaker with confidential information, such as technical and non-technical information on its meeting/Congress, its speakers, attendees, how the conference will be marketed, pricing for the conference, conference agenda, and including, but not limited to, the format and structure of the conference. Speaker agrees that at all times and notwithstanding any termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party this Confidential Information.
Speaker(s) hereby releases and forever discharges the Congress, their officers, agents and employees from any and all liability, losses, costs, expenses, causes of action, claims and suits for property damage, theft of property or personal injury (including death) arising in connection with the Speaker(s)’ performance of services here-under, unless such damage, theft or injury is caused by the negligent acts or omissions of the Congress, their respective officers, agents or employees, in which case the foregoing release shall not apply to the negligent party but shall remain applicable as to the non-negligent party.
GOVERNING LAW AND LEGAL VENUE
All parties hereby irrevocably agree that this Agreement shall be governed by the laws of the State of Florida, of the United States of America and the venue for any and all legal actions brought under this Agreement shall be the courts for the Palm Beach County, Florida. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law.
I have carefully read and voluntarily signed this agreement and I fully understand its contents. I am aware I am releasing legal rights that I otherwise may have, and I enter into this agreement with a full understanding of the risks involved. I certify that I am not relying on any representations or statements by the released parties apart from the written terms of this agreement.