CLIENT AGREEMENT – TERMS AND CONDITIONS
As a client (“the Client”) you are a business purchasing the service of a guest speaker(s) (“the Speaker”) for your event or conference, working with Inspiring Stories under the sub-brand Inspiring Speakers (“the Bureau”). As a Client, you agree to the following terms and conditions:
Representation – you agree to be represented by the Bureau to act in good faith, honestly and in a professional and timely manner with the Speaker.
Delivery and performance – upon accepting a speaking engagement from the Bureau, the Speaker agrees to meet the requirements from the Client as will be communicated clearly to the Speaker in writing, and to speak to the best of their ability at the Client’s event or conference.
Privacy of event lead and details –
the Speaker agrees not to post the Client's information on any public forum or 'leads' board or 'bidding' type of web site. The Clients have not given their permission for such a posting and it would be a violation of their privacy.
the Client agrees never to approach the Speaker directly without having a signed Client Agreement with the Bureau in place.
Liaison – the Bureau agrees to liaise between the Client and the Speaker to determine the initial availability, fit, and budget requirements, and get a Client Agreement in Place.
Travel and logistics – once the Client Agreement is in place, the Client will liaise directly with the Speaker to book and pay for relevant travel and accommodation as required.
Speaking – once the Client Agreement is in place, the Speaker will liaise with the Client to speak, and provide any necessary presentation materials in the correct format.
Notification – the Speaker agrees to notify the Bureau by email if the Client decides to book or not book the Speaker for a particular event. Likewise, the Client will notify the Bureau if for any reason it can no longer proceed with the Speaker as per the agreement.
Independent Contractors – the Client and the Bureau are both considered independent contractors and this agreement shall in no way be construed as one of employment, employer, or employee between the Client and the Bureau.
Service fee – the Client will pay the Bureau the total speaking fee (not including travel or accommodation expense) + GST on receipt of invoice. After the Speaker has completed the service for the Client, the Bureau will pay the Speaker the amount less the 20% service fee.
Payment for speakers – subject to clause 14 below, upon receipt of invoice from the Speaker after the event, the Bureau will pay the Speaker within 7 working days into a bank account nominated by the Speaker.
Indemnification – the Client does hereby agree to indemnify, defend and hold harmless, the Bureau and its employees, agents, officials and related entities from and against any or all losses, liabilities, damages, and expenses (including reasonable attorney's fees and expenses as incurred) which it or any of them may incur or be obligated to pay in any action, claim or proceeding against any of them, for or by reason of the Client’s acts, whether of omission or commission, arising out of, related to, or in connection with this agreement or any circumstance arising out of, related to or in connection with the Client’s performance under this agreement.
Duration of contract – this contract shall remain in effect indefinitely with effect from the date of which both parties have signed this contract (the Effective Date). It may be cancelled by either party by notifying the other in writing or by email.
No promise of income – the Bureau makes no promise, or representation, or warranty, implicit promise or otherwise of income, revenue or sales or response from the Client to the Speaker. The Speaker understands that whilst The Bureau will endeavour to get firm agreements in place with the Client, some opportunities may not eventuate.
Client failure to pay – the Client agrees to sign this agreement in advance of the speaking engagement, with payment settled before the engagement. If The Client fails to pay or for whatever reason the conference or event is cancelled, this may be outside of the Bureau’s control, and the Speaker will only get paid once the Bureau has received payment from the Client.
Email confirmation – to the Bureau that you agree to these terms and conditions shall be considered the equivalent of signing and agreeing to this contract and and is binding.
Entire Agreement – this agreement constitutes the entire agreement and understanding between the Client and the Bureau with respect to the subject matters herein, and supersedes and replaces any prior agreements and understandings, whether oral or written, between and among them with respect to such matters. The provisions of this agreement may be waved, altered, modified, amended or repealed in whole or in part only upon the written consent of both the Client and the Bureau.
No Implied Waivers – the failure of either party at any time to require performance by any other party of any provision hereof will not affect in any way the right to require such performance at any time thereafter, nor will the waiver by any party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
Severability – if for any reason any provision of this agreement shall be determined to be invalid or inoperative, the validity and effect of the other provisions hereof shall not be affected thereby, provided that no such severability shall be effective if it causes a material detriment to either party.
Governing law – the governing law of this contract is New Zealand, and the parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.