TERMS & CONDITIONS
‘ORGANIZER’, ‘ORGANIZER’ ‘US’ and ‘OUR’ refers to UNITE 2021
‘SPEAKER’, ‘SPEAKER’ ‘THEM’ and ‘SPEAKERS’ refers to the Speaker
- Organizer shall cooperate with Speaker and provide information as may be needed to assist in the facilitation of the recording.
- In our dealings with the Speaker, Organizer shall endeavor to respond to any queries in a professional and timely manner.
- Speaker undertakes to prepare and provide us with a pre-recorded version of Speaker presentation at Speaker’s earliest convenience and by September 15, 2021.
- If the Speaker(s) would like to go live, a date and time MUST be blocked, a dry run conducted. Joining in instructions will be shared
- Speaker warrant that the Content:
- materially conforms to the subject proposed and confirmed with the organizer.
- is written, developed and prepared with the skill, care and ability of someone of Speaker caliber in Speaker field of expertise;
- is reasonably suitable for the Leisure and / or MICE attendees whom it is to addressed; and
- does not contain anything which is illegal, blasphemous, defamatory or indecent or which infringes the statutory or common law rights of any third parties including any Intellectual Property Rights.
Speaker will share all social media posts in which they are tagged encouraging their followers to register and attend the organizers event.
FEES, EXPENSES AND PAYMENTS:
- Organizer is not paying any fee to the Speaker.
- Expense related to creating the video and its content will not be reimbursed.
- Organizer will provide the Speaker with Social Media exposure and on its platforms.
PROMOTION: Whilst Organizer endeavors to promote UNITE 2021 to maximize attendance, the nature of our Events is such that we cannot give any warranties that the intended participants or delegates can and will attend the Event and that they will view or download it, nor that the promotion and / or any publicity expected by Speaker will be generated
- Speaker owns all Intellectual Property in the Content and the Presentation and nothing in this Agreement transfers any Intellectual Property to Us. In order for Us to obtain the full benefit of Speaker Presentation, Speaker grant Us the license to use and promote the speaker recorded sessions for future use.
- Speaker warrant that the Content is an original work and does not infringe the rights of any third party, including without limitation Intellectual Property Rights. If any material with intellectual property right is used, it will the responsibility of the Speaker to obtain permission of use and Organizer will not be held responsible.
- All such third-party Intellectual Property Rights shall be identified and acknowledged by Speaker in the Content.
- Speaker will indemnify and keep Us indemnified at all times against any and all actions, claims, proceedings, costs and damages, and all legal costs and other expenses reasonably incurred by Us, or for which Organizer may become liable, with respect to any Intellectual Property Rights infringement claim relating to or arising out of the Content or Speaker Presentation.
- The Speaker gives the rights to the Organizer to use the recorded version, including brand names and logo contained within the session for the purpose of marketing and promoting both – the organizers & the speaker’s organizations.
REFUSAL OF CONTENT: The organizer may refuse the content if in its opinion the Content:
- is not of a standard suitable for public viewing on UNITE 2021 or the intended Event;
- does not fulfill the terms of the Brief or this Agreement; or
- is not provided on or before the specified date of delivery in the Brief or as mutually agreed
TERMS OF TERMINATION:
- This agreement will remain in force, unless terminated by either Speaker or Organizer in accordance with this Clause.
- Where there are no outstanding Briefs, either party may terminate this Agreement on 14 days’ written notice.
- Where there is an outstanding Brief, termination under this Clause shall not take effect until the Presentation related to that Brief has been completed.
- Each party agrees with the other that they will maintain the other party’s confidentiality and will not make any unauthorized use of any private or confidential information about the other party and their business, members, customers or its private and financial affairs, as the case may be.
- This restriction does not apply to;
- any Use or disclosure authorized by organizer or required by law; or
- any information which is already in, or comes into, the public domain otherwise then through Speaker unauthorized disclosure
Notwithstanding these terms, the provisions of this Clause will survive expiry or termination (howsoever effected) of this Agreement.
- Organizer and Speaker undertake to comply with each of their respective obligations under the Data Protection Legislation when processing Personal Data pursuant to the terms of this Agreement and to keep confidential and not process any Personal Data which it may obtain or receive in connection with this Agreement.
- Where Organizer have received consent of an individual to share their Personal Data with Speaker for the purpose of receiving direct communications from Speaker, Organizer shall both be separate controllers of the Personal Data.
- Where Speaker are to give a Presentation at an Event, the following terms shall also apply:
- Speaker grant to the organizer a non-exclusive, royalty free, worldwide limited license, commencing on the date the of the Event and ceasing 30 days after the Event, to distribute copies of the Presentation to Delegates and other interested persons either in hard copy, electronically or through the software.
- Speaker shall be responsible for recording the presentation and if required, the Organizer can assist.
- Speaker consent to Speaker voiceover and/or performance being recorded;
MISCELLANEOUS: This Agreement and the Brief constitute the entire agreement between the Speaker and Organizer and supersedes and extinguish all previous drafts, agreements, arrangements and understandings between the two parties.
Speaker shall not assign any of Speaker rights or obligations under this Agreement without our prior written consent.
Speaker may with the prior written approval of the organizer and subject to the following proviso, appoint a suitably qualified and skilled Substitute to deliver the Presentation instead of Speaker, provided that the Substitute shall be required to enter into direct undertakings with Us, including with regard to confidentiality.
The rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns.
This Agreement shall be governed and construed in accordance with Canadian law and any dispute arising under them shall be submitted to the exclusive jurisdiction of Ontario, Canada.