Source: Robin Roth, Senior Contracts Editor, Conferon, Inc.
E-Specs: August 26, 2004

Have you ever had a speaker cancel a week before the meeting? What about a speaker who bills you for a lavish dinner? Many unnerving situations like these can be prevented or controlled by negotiating a tight contract with your speaker up front. A good contract should anticipate possible problems and be as specific as possible. The following checklist will help you address the major issues, depending upon the requirements of your meeting.

IDENTITY AND AUTHORITY OF CONTRACTING PARTIES. If a speaker bureau or other third party is the signatory, make sure they have authority to act as agent in signing agreements for the speaker.

EVENT SPECIFICS. Date, time, location, etc. Attire. You may want to require the speaker to arrive the night before or several hours before the speaking engagement.

TOPIC. Potential content and length of presentation. Increase your comfort level by previewing material such as a video tape before selecting potential topic(s) from the list of subject options. These may be customized for your audience.

A/V AND OTHER SETUP REQUIREMENTS. Laptops supplied? Checklist of available hardware. May include deadlines for presentation/handout submission.

DEPOSIT REQUIREMENTS. Speakers may request an advance.

PAYMENT TO SPEAKER. Fees, honoraria.

EXPENSES. What is covered – transportation and at what price range (business class?), lodging, meals. Documentation required for reimbursement.

CANCELLATION.
If group cancels - Terms. Sliding scale?
If speaker cancels - Requirement to find an acceptable replacement, deposit refund, timeliness of notice.

TERMINATION. Force Majeure.

INTELLECTUAL PROPERTY PROTECTION.
For group - Non-compete and non-disclosure agreements.
For speaker - Videotaping and recording authorization, sale of speaker products, handouts, permission for group to reprint/distribute.

LEGAL ISSUES. Independent contractor. Choice of state governing law. Dispute resolution - how and where. Mutual indemnification. Merger clause. How will changes be made?

SIGNATURES AND DATE.

(Note: This information is not intended to be "legal advice." A qualified attorney should be consulted to review all legal issues.)