Checklist for speaker and entertainer contracts

When reviewing a speaker or entertainer contract, planners should ensure the following items have been considered and properly addressed in the contract.

By Barbara Dunn

PRESENTATION/PERFORMANCE
o Name and description of the presentation/performance
o Date, arrival time, starting time, duration and location
o Environment and equipment for the program, e.g., an appropriately lighted, well-heated or cooled, proper place, with an adequate audio-visual system, maintained and operated as required by law
o Obligations of the speaker/performer, e.g., mandatory dress rehearsal or attendance at a post-program reception
o Requirement that the speaker/performer make a conscientious effort to communicate and cooperate with the sponsor’s contact person regarding customizing the presentation/performance to the sponsor’s goals
o Due dates for handouts and other materials
o A provision that the material presented by the speaker will be timely and presented to the best of the speaker’s ability: Often these types of provisions also state that the speaker may refer to notes during the presentation, but will not read any substantial portion of the presentation from a prepared text.
o A requirement that the sponsor provide the speaker with written evaluations concerning the speaker’s presentation

COMPENSATION AND EXPENSES
o Fee to be paid to the speaker/entertainer, including any deposit or prepayments; some contracts state that the final payment is due upon completion of the presentation/performance.
o Speaker/performer’s expenses: Who makes the travel, hotel and ground transportation arrangements; are there any limitations on class of air travel; what is the reimbursement policy relative to receipts and expense reports?
o Is the speaker/performer acting as an independent contractor? Are they solely responsible for any and all federal, state and local taxes and fees imposed in connection with their services, and the procurement of and payment for any and all necessary licenses and insurance?

TERMINATION
o The contract might state that neither party may terminate the agreement or it might state that either party may terminate the agreement with a certain amount of notice.
o Will the speaker/performer, their bureau or agency assist the sponsor in securing an alternate speaker in the event the agreement is terminated by the speaker/performer? Some contracts also require the speaker/performer or their bureau or agency to pay the costs of notifying attendees of the new speaker/performer.
o An Act of God or other force beyond the parties’ control: Generally, this type of provision allows the parties to terminate the contract without liability and requires that any deposits be refunded to the sponsor.

INTELLECTUAL PROPERTY
o Can the sponsor use the speaker/performer’s name, picture and title for purposes of promoting the program/performance?
o Does the sponsor have the right to audiotape, videotape or photograph the presentation/performance? If so, are their limitations on the use/distribution of the reproduction? Is the author granting ownership in the work (assignment) or granting permission to use/distribute the work (license)?
o Can the speaker/performer’s use the sponsor’s name and logo? Generally, this type of permission grants the speaker/performer the option to use the sponsor’s name and logo so long as their use is limited to promotion of the program/performance.

RISK MANAGEMENT
o Sponsor liability: The contract should state that because the speaker/performer is an independent contractor, the sponsor will not be liable for any acts, omissions, statements or commitments of the speaker/performer, nor will either of them be liable for any injury or loss suffered by the speaker/performer or those making claims through the speaker/performer.
o Does the speaker/performer’s representation and warranty provide that none of the material contained in the presentation/performance will violate or infringe upon the proprietary or statutory rights of any person or entity, or constitute an invasion of anyone’s right to privacy, and that the speaker/performer will not libel, slander or defame anyone in making the presentation/performance? These types of provisions typically also state that in the event the speaker/performer is alleged to have engaged in any conduct, which, if true, would constitute a breach of such warranty, the speaker/performer shall defend, indemnify and hold the sponsor, its officers, directors, employees and agents, and each of them, harmless from any and all claims or causes of action, including court costs and attorneys’ fees, resulting from such conduct.

MISCELLANEOUS
o Prohibitions against the speaker/performer assigning his/her rights and duties under the contract without the sponsor’s prior written consent
o A provision that the contract may be amended only in writing and signed by both the sponsor and the speaker/performer
o A provision stating that a waiver by either party of any term or condition of the contract or any breach of the contract will not constitute a waiver of any other term or condition or subsequent breach of any term or condition of the contract
o A provision stating that the contract constitutes the entire understanding of the parties and supersedes and replaces all agreements, oral or written, between the sponsor and the speaker/performer relating to the presentation/performance