Speaking Agreement s1

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SPEAKING AGREEMENT

TERMS AND CONDITIONS

1.  Definitions

The words and expressions in this Agreement shall bear the meanings as defined below unless the context indicates otherwise:

1.1.  “Agreement”: means this Speaking Agreement;

1.2.  “Client”: means ______

1.3.  “Confirmed Date” means the date upon which the Client has returned and signed the Speaking Agreement and paid the deposit as stipulated in clause 2;

1.4.  “Date” means the agreed date of the Presentation, being ______

1.5.  “Fee” means the sum of ______(including presentation fee and airfare/hired car or travel at R7,50 per km, accommodation and meals, if applicable);

1.6.  “Equipment” means the equipment necessary for the Presentation including a laptop computer with CD-ROM, data projector, large screen, laptop sound i.e. the ability to connect laptop sound to the amplifier and speakers (this must be able to produce lots of volume), cordless lapel microphone, large stage and a computer technician. A lectern is not necessary;

1.7.  “Parties” means the parties to this Agreement, being the Client and the Presenter;

1.8.  “Presentation” means The Power of the Pride or the Spoor of Success;

1.9.  “Presenter” means Ian Thomas;

1.10.  “Signature Date” means the date of signature of this Agreement by the last Party to do so; and

1.11.  “Venue” means ______

2.  Introduction

2.1.  It is recorded that the Client wishes to hire the Presenter for the Presentation on the agreed Date and that the Presenter is willing to do so, subject to the terms and conditions of this Agreement.

2.2.  It is further recorded, and agreed, that on the Signature Date, this Agreement constitutes a valid and binding agreement which is enforceable on each of the Parties.

3.  Confirmation of presentation

3.1.  To confirm the Presenter for a presentation, this Agreement must be completed, signed and returned together with a deposit being 100% of the agreed Fee.

3.2.  Reimbursement of expenses that only occur on the day of the presentation, are payable within 7 (seven) days of notification of any such expenses.

4.  Venue

The Client is responsible for securing a suitable venue, the details of which must be set out in

clause1.11.

5.  Equipment

5.1.  The Client is responsible for supplying the Equipment as set out in clause1.6 hereof. On request, further documentation regarding equipment requirements will be provided within a reasonable time of the Presentation.

5.2.  Good equipment is vital to the success of the presentation. As such, the Client is to ensure that someone who is capable of solving any issues of a technical nature is at the Venue and present for the duration of the presentation, should his or her assistance be necessary.

6.  Recording the presentation

Copyright laws prevent the recording of the Presentation by any means, including digital, audio, and video. The Presenter may consider waiving these restrictions, but shall only do so upon written request by the Client. Should the Presenter decide to waiver the protections, it is only effective upon written confirmation by the Presenter to the Client.

7.  Books

The Presenter is of the view that his book "The Power of the Pride" is important in the long-term retention of the concepts that will be presented to the Client. The Presenter will have books available at the Venue for purchase after his Presentation. Should the Client not wish the Presenter to do so, please inform the Presenter timeously.

8.  Cancellation policy

8.1.  In the event that the Client cancels a Confirmed Date, the Presenter incurs a loss. The loss incurred is a result of the Presenter having to turn down other interest or booking opportunities on or around the Confirmed Date. To protect the Presenter from incurring such losses, the following cancellation clause has been included:

8.1.1.  In the event of cancellation by the Client, 50% of the deposit is non-refundable. However if the Presenter manages to secure another client for the cancelled day, the deposit will be refunded in full;

8.1.2.  If the client cancels the event within less than 30 (thirty) days before the Confirmed Date, the full fee is payable; and

8.2.  In the unlikely event of the Presenter cancelling the presentation, all monies already paid will be refunded to the Client.

9.  Payment methods

All payments must be made by way of a direct deposit / electronic fund transfer into the following bank account and proof thereof sent to :

Bank Nedbank

Branch Sandton

Branch Code 197 005

Account Number 1970 522380

Account Name Screaming Eagle

Swift NEDSZAJJ

10.  Accommodation

Where overnight accommodation is required, the hotel must be instructed to have the Presenter’s room, all meals including room service, mini bar charges and one short telephone call per day to his home, charged to the Client's master account. The Presenter would prefer a non-smoking room without an inter-leading door.

11.  Travel

11.1.  If applicable, where available and practical, the most cost and time effective flights shall be booked. These flights often have penalties if changed and as such if the Client cancels, or changes these flights, the Client is responsible for the non-refundable part of the airfare.

11.2.  The Presenter will travel economy class for flights within South Africa, but prefers to travel business class on International Flights. The Client hereby agrees that the cost of one return economy/business class ticket will be included in the Fee (whichever is applicable).

11.3.  Where the Presentation is in South Africa and ground transport is required, the Presenter prefers the use of a hired car to transport himself to and from the airport. Alternatively, the client may supply a reliable car and a good driver to transport the Presenter to and from the airport.

11.4.  In the event that the Presentation is taking place outside of South Africa, the Client agrees to arrange a reliable car and a good driver to transport the Presenter to and from the airport.

12.  Assignment

The rights and obligations in terms of this Agreement shall not be assigned to a third party without the prior written consent of the other Party.

13.  Confidentiality

The Parties agree that the terms of this Agreement and all confidential and proprietary information of the Parties communicated to them in connection with this Agreement will be received in strict confidence and be used only for the purposes of this Agreement.

14.  Governing Law

The law governing this Agreement, including without limitation its interpretation and all disputes arising out of this Agreement, is the law of South Africa, and the Parties submit to the exclusive jurisdiction of the South African courts in respect of any matter arising from or in connection with this Agreement, including its termination.

15.  Signature

15.1.  This Agreement is signed by the Parties on the dates and at the places indicated below their respective names below.

15.2.  This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument.

15.3.  The individuals signing this Agreement in a representative capacity warrant their authority to do so.

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Presenter

______

Name of Signatory Signature

______

Designation of Signatory

______

Date

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Client (sign)

______

Name of Signatory Signature

______

Designation of Signatory

______

Date