Terms Of Service of Speakers Excellence for customers
Regulates the arrangement of speakers for clients by the agency
1. Drafting of contracts
1.1 The conclusion of contracts between the Speakers, represented by the Speakers Excellence agency, and the Client regarding the services to be provided by both parties, as well as amendments and/or supplements thereto, must be made in writing.
1.2 Differing terms and conditions of the Client shall only apply if confirmed in writing by the Agency. Any conflicting terms and conditions of the client are hereby expressly rejected. A contractual relationship shall only be concluded on the basis of these General Terms and Conditions.
2. Services of the speakers' agency
The Speakers Excellence speakers' agency ensures that the speakers are committed to top performance, professionalism and integrity. This is ensured by annual quality checks of Speakers Excellence speakers based on the Speakers Excellence quality guidelines.
3. Services of the speaker
3.1 The speakers shall provide their services in person. If a date for the provision of the service cannot be met by one of the speakers due to force majeure, illness, accident or other circumstances for which the speaker is not responsible, the speaker, represented by the speaker agency, shall be entitled to engage a replacement speaker or to name an alternative date on which the speaker can provide the service, to the exclusion of any liability for damages.
3.2 The scope, form, subject matter and objective of the services are evident from the offer and are known to the client. The speaker is free in the design, selection of presentation elements and presentation of his/her program. The speaker is not subject to instructions regarding content from the client or a third party, with the exception of the speaker agency.
3.3 The speaker agrees to the processing of his/her personal data insofar as this is necessary for the purpose of the contract. In this context, he also agrees to the taking and possible publication of photos and videos for which he makes himself available if necessary. The evaluation of the recordings on the Internet and in multimedia works by the client requires the consent of the speaker, represented by the speaker agency.
4. both the speaker agency and the individual speakers hereby affirm that
4.1 neither he/she nor his/her employees have ever attended Scientology courses,
4.2 he/she and/or his/her company do not work according to the technology of L. Ron Hubbard,
4.3 neither he/she nor his/her employees are trained according to the technology of L. Ron Hubbard or do not attend courses and/or seminars/congresses according to the technology of L. Ron Hubbard,
4.4 he/she rejects the technology of L. Ron Hubbard for the management of his/her company (for conducting his/her seminars/congresses) and
4.5 statements 4.1, 4.2, 4.3 and 4.4 apply equally to other manipulative cults of any kind.
5. Obligations of the client
5.1 Unless otherwise stipulated in this contract, the client shall carry out the event in its own name, for its own account and at its own expense. He shall be responsible for the payment of any taxes and other duties (e.g. so-called foreigner's tax, KSK), as well as the payment of fees for the performance of copyrighted works to collecting societies, in particular GEMA.
5.2 The client guarantees that a competent contact person will be provided for the speaker at the venue and on the day of the event. This representative shall be deemed authorized to make or receive all necessary or relevant declarations to the speaker.
5.3 The client shall provide the agency with the necessary advertising material, press releases, etc. for the performance of the agreed agency services and, upon request, shall provide the speaker with further information about the event to be held and the exact content of the program.
5.4 The client recognizes the copyright of the speaker in the works created by the speaker (training documents, etc.). Any reproduction and/or distribution of the aforementioned works by the Client requires the prior written consent of the Speaker.
5.5 By booking a speaker from the Speakers Excellence speaker agency, the Client agrees that the photo, audio and video recordings of the speaker made during the event may be used for the media and for the speaker's advertising measures.
5.6 The client shall ensure that the technical requirements requested by the speaker are properly met and shall carefully select the media companies, sound and transmission equipment, seminar/congress hotels and other third parties used by the client to carry out the order. The client shall carefully select these exclusively in the interest of the best possible execution of the planned event or seminar/congress.
5.7 The client shall be responsible for hotel reservations. The client shall pay the hotel bill (and any cancelations) as well as hotel expenses and travel costs within the usual scope of the contractual agreements concluded.
6. Advertising
6.1 In the course of announcing the speaker, the Client shall name and advertise the speaker agency - in particular by stating the brand of the speaker agency “Speakers Excellence” with the associated logo. Suitable photographic material, free of third-party rights, will be made available if required.
6.2 The exclusive use of the image and text material provided by the Speakers Agency for event announcements, press releases or similar does not require approval by the Speakers Agency. Written approval by the speakers' agency prior to publication is only mandatory if the client provides independently formulated and compiled event announcements, press releases or similar with its own or third-party image material. The declaration of release shall be provided promptly in the form of a written approval by the speaker agency following a review and possible consultation with the speaker.
6.3 The speaker is entitled to offer his media products (books, CDs, etc.) for sale on the day of the event and to draw attention to new products before/during/after his presentation.
7. Other use
7.1 Advertising for other products or services may only be published by the client in connection with the speaker's performance with the express written consent of the speaker agency.
7.2 The client is obliged to enforce claims for injunctive relief against the exploitation of unauthorized acts of reproduction and exploitation. Upon request, the Speakers' Agency Speakers Excellence shall grant the Client a separate power of attorney for legal action.
8. Securing the service
8.1 Upon conclusion of the booking contract, 30% of the fee shall be due for payment immediately. The remaining 70% of the fee plus travel costs, expenses and 19% VAT is due no later than 7 days before the lecture/seminar.
8.2 In the case of bookings from clients whose registered office is outside Germany, Austria and Switzerland, a deposit of 70% of the fee is due for payment immediately after booking.
8.3 For bookings/registrations made at short notice (8 weeks or less before the event), the full amount is due for payment immediately.
9. Withdrawal
9.1 If no down payment of the invoice amount has been made 4 weeks before the date of the event, the client shall have no claim to the holding of the seminar/lecture. The booking is binding for the client. A postponement is possible up to 12 weeks before the originally agreed date. Cancellation of the date is possible up to 12 weeks before the event, subject to retention of the contractually agreed deposit. Up to 8 weeks before the event, the client will be charged 50% of the order value. Cancellations less than 8 weeks before the event will be charged 100% of the order value. The client reserves the right to prove to the agency that the contractual partner has incurred lower damages due to saved expenses or through other use of its labor or maliciously fails to do so.
9.2 Withdrawal due to the Corona SARS-COV 2 pandemic. Both contracting parties are aware of the risk situation that the SARS-COV 2 pandemic may result in a possible cancellation, partial cancellation or postponement of future events. As such, the organizer bears the fundamental “event risk” and thus the risk of use. This applies in particular if an official ban is issued for the planned period of the event in the future. In this case, the organizer is solely responsible for the loss of the obligation to perform, regardless of fault. Having said this, the parties agree the following:
9.2.1 If it is therefore impossible for the organizer to hold the planned event due to
a) an official prohibition order or
b) an increased risk situation, the risk prognosis of which cannot yet be made, but the requirements of the (state) health authorities, the RKI (Robert Koch Institute) and the WHO make it appear unreasonable for the Organizer to comply with its duty to protect when holding the event, the Organizer shall be entitled to withdraw from the contract.
9.2.2 If the Organizer exercises its right of withdrawal under clause 1, the other agreed cancellation fees from the offer/contract will be adjusted in favour of the Organizer to the effect that 70% of the contractually agreed remuneration will be reversed. Speakers Excellence retains a claim to 30% of the total amount. The organizer is at liberty to prove that the speaker/presenter/artist did not suffer any loss or that the loss incurred was significantly lower than the flat rates set out here
9.2.3 The speaker/presenter/artist shall have no further rights towards the organizer.
9.3 Format change due to Corona SARS-COV 2 pandemic
9.3.1 If, due to the SARS-COV 2 pandemic, the event originally planned as an in-person event is canceled due to
a) an official prohibition order or
b) an increased risk situation, the risk forecast of which cannot yet be made, but the requirements of the (state) health authorities, the RKI (Robert Koch Institute) and the WHO make it appear unreasonable to comply with the organizer's protective obligations when holding the event, the speaker/moderator/artist shall be permitted to change the format from face-to-face to digital event after consultation with the organizer. Hotel expenses and travel costs shall not be invoiced in this case. If the speaker/moderator/artist has incurred other costs that would have been reimbursable, the organizer shall be obliged to reimburse these costs.
9.3.2 Speakers Excellence is solely responsible and liable to the Organizer for ensuring that the speaker/moderator/artist changes format.
10. Speaker's fee and agency fee
10.1 The Speakers Agency is authorized to invoice the Speaker's fee for the Speaker and to collect it in trust.
10.2 The placement of a Speaker via Speakers Excellence is covered for the Client with the payment of the fee. A fee in the form of a commission will only be paid by the procured speaker to the procuring agency by way of offsetting after invoicing.
11. Price guarantee
In accordance with Speakers Excellence's price guarantee, the speaker guarantees the referring agency and its clients the same fee rates as for a direct booking by the client, subject to the non-competition clause pursuant to No. 12.
12. Non-competition clause
The Client undertakes not to entice the Speaker away for itself or other clients by inducing them to breach the contract, not to circumvent the Speakers Excellence agency when booking the Speaker who has had direct or indirect contact with the Client through the agency, and not to use the Speaker's data itself or pass it on to other competitors.
13. Confidentiality
All contracting parties undertake to
-to keep confidential all business relationships and other business or operational facts that become known during the cooperation
-speaker fees and commission negotiations
-personal data of the speakers
to maintain confidentiality even after termination of the contractual relationship. In particular, the client is prohibited from discussing the speakers' fees with third parties.
14. Principles of loyal cooperation
14.1 The contracting parties shall work together cooperatively and loyally with the aim of optimizing the placement of speakers and shall inform each other immediately of any significant changes.
14.2 They shall settle disputes fairly with the aim of reaching an amicable solution.
15. Contractual penalty/ liquidated damages
15.1 If the client breaches the contractual duty of confidentiality, the agency authorized by the consultant may demand a contractual penalty of €3,000 for each case of infringement without a continuation of the infringement. If the client commits any other culpable breach of contract, the agency authorized by the speaker may demand a contractual penalty of €5,001.
15.2 In the event of unauthorized use, creation by editing or forwarding of copyrighted materials, (advertising) concepts, documents, texts, etc. conceived/created by the speaker and/or the agency, a minimum fee of five times the agreed, customary usage fee or the usage fee to be determined on the basis of the applicable license rates shall be due, subject to the assertion of further claims for damages. If the copyright and / or agency notice is omitted, the agency shall be entitled to a surcharge of - if applicable - 100% of the respective usage fee plus administrative costs and legal fees incurred.
15.3 Both parties are at liberty to prove that the damage is lower. The assertion of further damages shall not be excluded by the above flat-rate damages.
16. General Terms and Conditions
16.1 Should one of the provisions of the General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
16.2 The Terms and Conditions and their implementation shall be governed exclusively by German law.
16.3 The exclusive place of jurisdiction for all claims arising from the contract associated with these Terms and Conditions and these Conditions is Stuttgart, the registered office of the Referentenagentur.
17. Use of the chatbot and insight into conversations
The speakers' agency Speakers Excellence offers a chatbot function on its website that can communicate with the client. The chatbot answers questions and provides information about Speakers Excellence and the services offered by the agency. The client receives AI-supported answers via the chatbot, which are non-binding. The chatbot does not submit any binding offers. Offers are made in accordance with the GTC. Since the answers are created based on AI, they may be incorrect. Please note our warnings, disclaimer and privacy policy.
Status 2020
Speakers
