1. PAYMENT OF FEES

(a) The agreed fee is payable within 14 days of Workwey issuing an invoice when this Agreement has been signed. We will agree to a payment date if the Event is to take place within 14 days of this Agreement.
(b) If the Client fails to make payment to Workwey in accordance with these terms and conditions, Workwey shall regard this as a cancellation by the Client (unless otherwise agreed by both parties in writing).

(c) Payment should be made by bank transfer. Payment by cash or cheque will not be accepted.
(d) A wire fee will be included in all invoices to cover bank charges.
(e) It is understood that the Client may be required by law to withhold income taxes in certain foreign countries. In the event that there are any charges, taxes or fees of any kind levied by the Jurisdiction where the event is to take place, the client shall be responsible for any and all such costs in addition to the remuneration or any other payment due to Workwey.
Workwey shall complete the necessary withholding forms as required by law to receive the fee. If Client is required by law to withhold any part of the fee, Client shall gross up the fee so that Workwey receives the entire fee stated in this Agreement.

2. EXPENSES

(a) Unless explicitly agreed otherwise with Workwey, the Client shall be responsible for organising and paying for the Speaker’s travel and accommodation (“Travel”) and subsistence and expenses (“Expenses”). (b) “Travel” definition: Ground transportation in home and destination city, hotel approved by the Speaker, any early check-in or late check-out hotel expenses, unrestricted round-trip airfare/trains as well as any applicable difference in airfare or change fees associated with travel.
“Expenses” definition: Subsistence and expenses that are required by the Speaker in connection with the event (surcharges for internet, etc). The Client shall also be responsible for paying for any visa expenses and/ or costs associated with ‘Covid 19’ testing that the Speaker may require entering the country where the event is taking place. Workwey is not responsible for any external orders the Client wishes to make (books etc.).

3. OUR  REFUND POLICY

(a) If the Client cancels their agreement with Workwey more than 60 days before the event date, 50% of the fee shall be payable.

(b) If the Client cancels their agreement with Workwey from 60 days up to and including the event date, 100% of the fee shall be payable.

(c) Should the Client cancel the event, the Client agrees to reimburse Workwey any non-refundable travel and accommodation expenses actually incurred by Workwey or the Speaker before the receipt of the cancellation notice.

4. CANCELLATION BY THE CLIENT

(a) If the Client decides to cancel this Agreement, the Client must send Workwey notice via email immediately. Any cancellation will take effect on the day Workwey receive the written instruction.
(b) If the Client cancels this Agreement once it is valid, or the event referred to above is cancelled for any reason, save where the cancellation is due to a Force Majeure event, the Client will be liable to pay Workwey a proportion of the fee as follows:
– If the Client cancels their agreement with Workwey more than 60 days before the event date, 50% of the fee shall be payable.
– If the Client cancels their agreement with Workwey from 60 days up to and including the event date, 100% of the fee shall be payable.
(c) Should the Client cancel the event, the Client agrees to reimburse Workwey any non-refundable travel and accommodation expenses actually incurred by Workwey or the Speaker before the receipt of the

cancellation notice.

5. CANCELLATION BY THE SPEAKER

(a) If the Speaker cancels their Agreement with Workwey, the Client will not be liable to make payment of the agreed fee in accordance with clause 1(a).
(b) With reference to the circumstances set out in clause 4(a), Workwey will immediately notify the Client and use all efforts to find an alternative Speaker of at least equal standing, whose fee may be more or less than the sum agreed herein, and the Client will be entitled to accept or reject any replacement offered. If the Client does accept a replacement Speaker the Client must confirm this to Workwey in writing; the terms and conditions of this Agreement will still be valid and binding upon both parties. It is understood that a new Agreement will need to be issued by Workwey and signed by the Client to book a replacement Speaker. If the Client rejects any replacement offered, or no replacement is offered, Workwey shall refund to the Client any part of the agreed fee already paid by the Client to Workwey.

(c) Should the Client be the subject of any adverse publicity once this Agreement is valid and before the date of the event which, in the reasonable opinion of the Speaker and Workwey, would be detrimental to the Speaker’s professional standing, the Speaker may withdraw from the event.
(d) Upon cancellation by the Speaker, neither Workwey nor the Speaker will be liable for any loss, damages or expenses incurred by the Client.

6. FORCE MAJEURE

“Force Majeure” means (without limitation): war, or threat of war; terrorist attack; riot; civil strife; industrial dispute; unforeseen and not forestalled transport delay affecting the Speaker; or adverse and extreme weather conditions.
Each party shall promptly notify the other party in the event of a Force Majeure condition. If either party cancels the Event due to Force Majeure, no party will be liable for failure to adhere to the Terms & Conditions in this Agreement while the Force Majeure condition exists.

Specifically related to epidemic/pandemics, Client and Speaker shall have the right to cancel Speaker’s performance should federal, state or local government guidance recommend, a state of emergency be declared, a travel advisory warning be issued or safety to travel is at risk. If the Event is cancelled for a Force Majeure event or due to an epidemic/pandemic, terms of this clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations of this Agreement. Using all reasonable efforts, performance shall then be rescheduled to a mutually acceptable time, as soon as practical, after a Force Majeure condition ceases to exist. If this proves impossible, the Speaker agrees to refund any monies already paid by Client without penalty. The Client will remain liable for all non-refundable travel costs incurred by the Speaker, including any additional costs arising from the Force Majeure incident.

In the event of Force Majeure, the Client shall have no claim for damages against the Speaker and the Speaker will have no liability for expenses or losses incurred by the Client.

7. INTEREST

If the agreed fee or (in the event Workwey agrees to an instalment arrangement with the Client) any instalments of the fee are not paid in full on the due date, and if any other payments are not made when due, Workwey can (without prejudice to any other rights Workwey may have under this Agreement) charge interest at the rate of 5% (Five Percent) per month, and such interest will be calculated on the outstanding balance. This interest will continue to run both before and after any Judgment Workwey may obtain in a Court. The Client will also be liable for any legal costs and expenses that Workwey incur on an indemnity basis.

8. RECORDING AND RIGHTS

(a) All copyright and other intellectual property rights relating to the Speaker’s performance and any material used by the Speaker during the performance remain wholly vested in the Speaker. All rights including copyright in the Speaker’s performance(s) and the Services (and the Speaker’s original material contained therein) but excluding any copyright in any Authorised Recording(s), shall belong to the Speaker absolutely ab initio for the full period of such rights throughout the Universe.

(b) No electronic or other recordings of any description (to include video, television, audio or photography) of the Speaker’s performance can be made or published without prior consent from the Speaker to be obtained via Workwey, which may be withheld at our absolute discretion.
(c) No promotion, broadcast or other communication to the public, including without limitation webcast, streaming, any so-called social media platform (live feed or pre-recorded) can be made of the Speaker (whether or not rendering the Services) without our prior written approval, which may be withheld at our absolute discretion.

(d) Where consent for any of the above recordings of the Speaker’s performance is given, copies of such recording must be supplied to Workwey within 10 days of the event taking place and may not be published until final approval has been given by the Speaker and Workwey.

9. ADVERTISING AND MARKETING

(a) It is understood that the Client may use the Speaker’s name, photograph and biographical material solely for the purpose of advertising and promoting the Speaker’s involvement in the event up to and including the date of the event and only once this Agreement is valid. Such use is subject to receipt of the Speaker’s consent to be obtained via Workwey.

(b) All invitations, advertisements and publicity materials featuring the Speaker (pre- and post-event) shall be submitted to Workwey for review and written approval prior to publication.
(c) The Speaker’s name or preapproved likeness may not be used as an endorsement of any product or service, or in connection with any commercial tie-up without the Speaker’s prior written consent to be obtained via Workwey.

(d) All requirements indicated in the Speaker’s rider (applicable only if the Speaker provides a rider), shall be observed by the Client.

10. PRESS

(a) If the event is to be made open to the press, the Speaker’s prior consent must be sought in advance via Workwey. It is understood that the presence of the press may affect the content and scope of the Speaker’s presentation.

11. TECHNICAL FACILITIES

(a) Technical facilities and stage accessories (other than those itemised in the particulars of the event or in a Speaker rider) must be of a professional standard, including sound, lighting, and staging and where appropriate, projection equipment and operators. Any technical requirements required by the Speaker or noted on the Speaker’s rider to carry out the performance shall be satisfied by the Client.

12. VENUE INSURANCE

(a) The Client will ensure that the venue for the performance has adequate heating, lighting and ventilation and complies with all relevant health and safety, licensing and public entertainment legislation and that all necessary licenses are held or obtained. The Client has the responsibility to ensure that the venue provides and maintains adequate public liability insurance and Workwey reserves the right to request sight of any policy at any time prior to the performance. Failure to have insurance may be regarded by Workwey as a cancellation by the Client and the charges set out in clause 3(b) may apply.

13. APPLICABLE LAW / TAXES

(a) This Agreement shall be governed by and construed in accordance with the laws of England and the parties to this Agreement agree to submit to the jurisdiction of the English courts.
(B) All sums mentioned in this Agreement and the Terms and Conditions are exclusive of any Value Added Tax, or applicable national and / or local taxes that may be payable.

14. LIMITED LIABILITY

The Speaker confirms and accepts that they have all necessary rights, authorisation or licenses to provide the services stated in this Agreement and to provide all related materials, and that the provision of such services and materials or any component thereof, and the Client’s use of concepts, materials or information provided by the Speaker will not constitute a breach or infringement of any agreement to which the Speaker is a party of.

Workwey is an independent contractor and shall not be responsible or liable in any way for the Speaker’s acts, omissions, statements, or any commitment made by the Speaker or the Client.
This Agreement creates an independent contractor relationship; it does not create, and shall not be construed as creating, any partnership, agency or joint venture between the parties. This Agreement constitutes the entire Agreement between the Client and Workwey concerning its subject matter. This Agreement cannot be cancelled, amended or modified, nor may any of its provisions be waived, except by a writing signed by the party against whom such cancellation, amendment, modification or waiver is to be enforced. Neither party will be liable to the other for incidental, special, nor consequential damages, including lost profits or lost business suffered by the other party, even if it has previously been advised of the possibility of such damages.

15. CONFIDENTIALITY

(a) The Client and Workwey agree to maintain absolute confidentiality regarding the specific Terms and Conditions contained in this Agreement, except as required by law.

16. REFERRAL

The Client shall not contact the Speaker directly regarding speaking engagements or other similar commercial arrangements from the date of the contract until 12 months after the event date. The Client agrees to refer all enquiries, including from delegates attending the event, to Workwey.

On behalf of the Client, I confirm that I have read the Terms & Conditions above and that I am authorised to sign this Agreement.