When booking a speaker for an event, it is important that you and your speaker secure a speaking contract. A contract will lay out the rights and expectations of both your organization and the speaker, and it will help minimize any risks related to your event.
If a speaker bureau is acting as a liaison between you and your potential speaker, it’s quite likely it has its own speaking contract that you’ll be able to customize to your needs. If you are dealing with your potential speaker directly, she may have a standard contract of her own. If this is the case, be certain to read over the contract carefully and make adjustments as necessary – you must be sure that you agree with all of the terms before signing.
If, however, you are creating the speaking contract on your own, you’ll find a wealth of contract templates online and you should be able to adjust one to your specifications. Here is a checklist of the terms you should consider when drafting your contract.
• Date, time and location. The contract should indicate the date, time and location of your event and of the speaker’s presentation in particular. It should also include any other information about any additional time for which the speaker will need to be present. For instance, you may want to have a sound check and test the lighting before the presentation. Be sure to specify exactly when and for how long you require the speaker to be present.
• Type and title of presentation. The contract should include the type of presentation that is expected, for instance whether it is a keynote speech or a half-day workshop. The speaker should provide the title of the presentation or if that isn’t available a general short summary of the topic to be covered.
• Compensation. Your contract should state how much the speaker is to be paid and when payment will occur. Most speakers request that a 50% deposit be paid upon signing the contract and that the remaining funds be paid at the time of the presentation.
• Travel expenses. If travel is involved, lay out in the contract what exactly you will be covering – and be as specific as possible. Are you willing to pay for first-class travel or coach only? Do you expect the speaker to travel by air, train or bus? State whether you will be booking the travel yourself, or whether the speaker should book his own travel arrangements and then send you an invoice. And what about transportation within the city? Will you be picking the speaker up from the airport – or should she take a taxicab to the hotel or event location?
Who gets to choose the hotel accommodations? Again, will you be booking the accommodations for the speaker, or should he arrange them himself and send you an invoice? What about meals? If you’re paying for your speaker’s meals, state in the contract which meals you’ll be covering and whether you will be selecting where the speaker eats or if she is free to choose her own restaurants and meals. If you allow the speaker to choose, you may want to consider setting a limit on the amount she can spend per meal.
• Copyright permissions. Copyright law states that a speaker owns his or her creative content, including the presentation itself and any handouts or materials. If you plan on reproducing or distributing presentation materials to your audience, your contract will need to set out the terms and permissions. The same goes for recording the presentation. Recording a presentation without permission is copyright infringement and the speaker may be entitled to payment or royalties. So if your organization is interested in recording your event be sure to state so in the contract and set out provisions for doing so.
In addition, you should ensure the accuracy of the speaker’s presentation content by having him agree that he does in fact have permission to use the materials, and that they are original, factual and not offensive to any person, product or service.
• Materials. Don’t forget the cost of materials. Are the speaker’s presentation materials included in the price of his speaker fee? Or are they an additional cost that is to be footed by the event organizers? Does your speaker require props for his presentation? Who will be supplying them – the event organizers or the speaker? It is important to include these items in your contract to ensure you don’t incur unexpected expenses at the last minute.
• Audio-visual needs. Will the event organizers be providing audio-visual equipment or will the speaker bring the equipment he needs? If the organization is to provide the audio-visual equipment the speaker should state in the contract a list of the exact items he requires.
• Promotions and publicity. If you would like the speaker to do any publicity or promotional work for your event, be sure to indicate so – and whether or not he is to be paid for it – in the contract.
• Cancellation policy. Be sure to set out a cancellation policy in your contract. While it is impossible to completely prevent cancellations, there are ways to minimize the repercussions of an unforeseen circumstance. For instance, you may state in the contract that should the speaker be unable to attend she will do her best to find a suitable replacement. (If you are dealing with a speaker bureau, they will also do their best to provide you with an acceptable replacement speaker.) It’s up to you what you want your cancellation policy to be, but it is extremely important that you have one in place so that you’re not left in the lurch without a speaker.
You may also want to state in the contract that your organization has the right to cancel the speaking event due to unanticipated circumstances at any time or – more forgivingly – with 30 days notice. Be sure to include a description of any fees or expenses you are willing to pay the speaker under these circumstances – for example, whether they get to keep the initial deposit.
The National Speakers Association offers four sample speaker agreement templates on their MyNSA website, which is dedicated to advancing the art and value of those who speak professionally. The templates available for your use consist of: a basic agreement; a moderately detailed agreement; an in-depth agreement; and an agreement in letter format. And they are all great starting places for creating your speaking contract.
For more information on creating contracts, visit the Inspiring Speakers Bureau Speaker Resource Centre and listen to business lawyer and professional speaker Cole Silver’s teleseminar recording “Legal Issues Business Owners Must Know to Protect Themselves” (scroll down to the sixth seminar on the page). The talk may be geared more toward professional speaker themselves, but the information is useful nonetheless. Cole will tell you what you need to include in a contract to cover cancellations or date changes due to “acts of God,” information about copyright law and much more. Enjoy!
