Fillable Speaker Template2015 Paid Fillable (Valencia College)

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Speaker Template2015 Paid Fillable (Valencia College)

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SPEAKER AGREEMENT
This agreement (hereafter referred to as the “Agreement or “Contract”) dated ____________
is between________________________________________________________ (the Speaker
or Professional, hereafter collectively and individually referred to as the “Speaker”) and the
District Board of Trustees of Valencia College, Florida (hereafter referred to as the “College” or
“Valencia”), (individually, the “Party” and collectively, the “Parties”).
WHEREAS, the College has requested that the Speaker present, speak, lecture or otherwise
address the College’s student, faculty, and/or staff (the “Services,”) and the Speaker has
agreed;
WHEREAS, the Parties agree as follows:
1. Performance of Service(s).
In consideration of the mutual promises contained herein,
the Parties hereby agree that Speaker will timely and competently perform the Services as
follows:
Speaker shall ensure the Services are performed in compliance with all applicable laws and
regulations, as well as the applicable policies and procedures of Valencia, which are located on
Valencia’s website (http://valenciacollege.edu/generalcounsel/policy/) including but not
limited to those regarding conditions of work, access to and use of Valencia’s facilities;
Valencia’s Smoke Free Campuses; Policy Against Improper Activities; Whistleblower Protection;
and Discrimination, Harassment, and Related Misconduct.
2.. Term and Termination.
The term of this contract shall commence upon the date of last
signature below and shall terminate at the time that the Services have been completed, unless
extended by written agreement of the Parties. Either Party may terminate this Agreement with
or without cause by providing no less than thirty (30) days written notice of termination to the
other Party. If Speaker terminates this Agreement prior to performing the Services, he or she
shall immediately reimburse to the College any funds paid to Speaker in advance of/prior to the
Services, including but not limited to any deposits, and lodging costs and applicable hotel taxes.
Date:
Time:
Location:
Description of Services:
Clear Form
3. Payment for Services.
Any payment to the Speaker shall be limited to either: (a) a flat
fee honorarium payment, or (b) lump sum fee for services to include all expenses incurred by
the Speaker, including travel and other expenses related to the provision of the Services or (C)
other monetary or in-kind compensation as agreed upon in advance by Valencia. The method
of payment and total amount to be paid to Speaker shall be reflected in Exhibit A, which
is attached hereto and incorporated herein by reference.
4. Independent Contractor Status.
College and Speaker acknowledge and agree that
Speaker is and shall be an independent contractor, and that College will not withhold any
amounts in respect to federal, state or local taxes from amounts payable by College to Speaker
hereunder and it shall be the exclusive responsibility of Speaker to pay all amounts due in
respect of applicable federal, state and local taxes on such amounts.
5.
Intellectual Property.
Speaker grants the College a non-exclusive license to use, copy and
distribute Speaker’s outlines, PowerPoint and other presentations, and other hard copy or electronic
materials identified or created by Speaker in connection with the Services, and for no other purpose.
Speaker shall retain ownership of such materials. Speaker is responsible for obtaining the written
consent of the owner of copyrighted material (if Speaker is not the owner) included in the
Service(s), if any; and is responsible for the costs and fees of such consents. Speaker warrants
that the contents of the Services do not violate the copyright, trade secret, trademark or other
intellectual or proprietary rights of any third party or any applicable law, including export
control law, obscenity laws or laws regarding consumer privacy, and agrees to indemnify and
defend the College against and hold it harmless from any loss and/or expense of defense of the
foregoing warranties except for material for which Valencia is responsible for receiving
permission.
Any data, material, documentation, and work product and information assembled and/or
prepared by Speaker for Valencia pursuant to this Agreement (collectively the “Work Product”)
are instruments of service for use by Valencia solely, and shall belong exclusively to Valencia.
Unless otherwise specifically provided, this provision does not apply to artistic performances,
speeches and/or presentations. The warranties and indemnifications contained in this
paragraph and the aforementioned paragraphs will survive termination of the Agreement.
6.
Participant/Photo Release.
Speaker consents to and authorizes Valencia, its agents,
assignees, heirs, successors and licensees, perpetually and exclusively to use and reproduce
the Speaker’s photograph, including any video, silhouette or likeness, at no cost to Valencia,
for display on Valencia’s website, and/or to circulate and use the Speaker’s photograph, video
image, silhouette or likeness in connection with the Conference and any advertising,
marketing, or media related thereto.
7. Non-Assignment
. Speaker shall perform the Services him or herself and shall not
assign or subcontract any of his/her obligations under this Contract without the advance
written consent of Valencia. Any unauthorized assignment shall be void.
8. Amendment, Exhibits and Entire Agreement
. No amendment to this Agreement shall
be valid unless made in a writing signed by the authorized representatives of the Parties. All
exhibits referenced in this Agreement are hereby incorporated by reference as if fully set
forth herein and made a part of this Agreement for all purposes. This Agreement constitutes
the entire agreement between the Parties, and supersedes any previous contracts,
understandings, or agreements of the Parties, whether verbal or written, concerning the subject
matter of this Agreement.
9. Governing Law, Jurisdiction and Venue.
This Contract shall be interpreted and enforced
under the laws of the state of Florida. Any action arising under this Contract shall be filed and
tried, if at all, in the courts of Orange County, Florida.
COLLEGE
BUDGET MANAGER COLLEGE
Name:__________________________ Loren Bender, VP Business Operations
Title:___________________________ and Finance
Date:___________________________ Date:___________________________
SPEAKER:
By signing below, Speaker (or its representative) represents that he/she is not an employee
or officer of Valencia and does not have any other conflict of interest that would prevent
him/her from doing business with Valencia under Florida law or Valencia’s Policy 6Hx28:1-
10, Policy Against Improper Activities; Whistleblower Protection.
By:
_________________________________ Printed Name:_____________________________
Title: ________________________________________Date:_____________________________
EXHIBIT A
PAYMENT/ EXPENSE REIMBURSEMENT
The following terms and conditions shall be made a part of Section 3, Payment for Services. No
payment shall be made for services or deliverables except as specified in this Agreement
unless further agreed to and approved in writing by Valencia.
Check one:
CHOICE 1: FLAT FEE HONORARIUM
Valencia shall pay to Speaker a flat fee honorarium in the amount of $____________________.
An Honorarium is a payment for made for services for which fees are not generally required.
Speaker may use this amount in any way he or she deems suitable. Valencia is not liable or
responsible for any additional payment, reimbursements, or other charges related to
Professional’s presence at Valencia other than those specifically described in this Agreement.
CHOICE 2: PAYMENT FOR SERVICES
Valencia shall pay to Speaker a lump sum fee in the amount of
$_________________________for all costs associated with provision of the Services. This
amount shall represent full and complete payment to the Speaker for the Services, including
any travel and expenses related to the Services. Valencia is not liable or responsible for any
additional payment, reimbursements, or other charges related to Professional’s presence at
Valencia other than those specifically described in this Agreement.
ANY OTHER MONETARY OR IN-KIND COMPENSATION AGREED TO BY THE COLLEGE:
$_________________________ or _____________________________________________
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Speaker Template2015 Paid Fillable (Valencia College)

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Completed 18 July 2020

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