DO NOT DETACH
Dear Speaker/Agent
Please find attached 4 copies of the Penn State University SPEAKER AGREEMENT.
For University Departments. In order for the University to process these AGREEMENTS in a
timely fashion the following must take place:
1.
All 4 AGREEMENTS must be signed Speaker/Speaker’s Representative and
returned to the Sponsor
2.
All 4 AGREEMENTS MUST HAVE ORIGINAL SIGNATURES.
Failure to meet the previous two stipulations can result in the Cancellation of this
AGREEMENT. If you have any questions please do not hesitate to contact the sponsor
of the program, listed on the last page (signature page) of the contract packet.
FAILURE TO COMPLY WITH
ALL OF THE ABOVE CAN RESULT
IN THE CANCELLATION OF YOUR
PROGRAM.
UNIVERSITY SIGNATURES
MUST BE
OBTAINED BEFORE
THE EVENT TAKES PLACE
SPEAKER AGREEMENT
Departments & Campus Locations
This AGREEMENT is for the rendering of personal services for the speaking engagement
described below:
Made this
day of
20
BETWEEN
(herein called SPONSOR)
and
(herein called SPEAKER).
Such performance engagement is to take place on the property of The Pennsylvania State
University (herein called the University) or on property arranged for by the University.
1.Location of Engagement:
2. Date of the Engagement:
4. Time of the Engagement:
Start
Finish
3. Fee Agreed Upon: $
4. Itemized additional costs involved with event (if any) which will be paid by sponsor:
5. SPONSOR WILL MAKE CHECK PAYABLE TO:
CHECK WILL BE PRESENTED
UPON COMPLETION OF THE ENGAGEMENT.
SPEAKER(S) STATUS AS INDEPENDENT CONTRACTOR: Speaker(s) is retained by the Sponsor
solely for the purposes and to the extent set forth in this AGREEMENT, and Speaker (s) relation to the
Sponsor during the term of this contract shall be that of independent contractor. Speaker(s) shall be free to
dispose of such portion of Speaker(s) entire time, energy and skill as Speaker(s) is not obligated to devote
hereunder to the Sponsor as Speaker(s) sees fit, and to such persons, firms or corporations as Speaker(s)
deems advisable.
LIABILITY: Speaker(s)'hereby releases and forever discharges the Sponsor and the University, their
officers, agents and employees from any and all liability, losses, costs, expenses, causes of action, claims
and suits for property damage, theft of property or personal injury (including death) arising in connection
with the Speaker (s) performance of services hereunder, unless such damage, theft or injury is caused by
the negligent acts or omissions of the Sponsor or the University, their respective officers, agents or
employees, in which case the foregoing release shall not apply to the negligent party but shall remain
applicable as to the non-negligent party. The Speaker(s) understands and agrees that the Sponsor and the
University may be separate entities, that the University's sole relationship to the Sponsor for purposes of
this AGREEMENT may be that of owner of property on which the Speaker(s)' contracted services with
the Sponsor are to be rendered and that the acts or omissions of the Sponsor or the University shall not be
construed or considered, for purposes of this AGREEMENT or otherwise, as the acts or omissions of the
other.
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The Speaker(s), at its own cost and expense, shall be solely responsible for securing and shall secure any
and all performing, broadcasting and other rights or licenses as may be required for any and all
copyrighted works performed by the Speaker(s) during this engagement. The Speaker(s) shall indemnify
and hold harmless the Sponsor and the University, their officers, agents and employees from any and all
liability, losses, costs, expenses, including reasonable attorney's fees, causes of action, claims and suits,
whether based upon infringement of copyright or other proprietary right or negligent or intentional acts or
omissions of the Speaker(s), its officers, agents and employees, arising in connection with the Speaker(s)'
performance of service hereunder.
SPECIFICATIONS: The Speaker(s) performance shall begin at approximately
at the discretion of the Sponsor’s representative. Minimum performance time shall
consist of
minutes. Maximum total performance time shall not exceed
minutes.
The Speaker(s) acknowledges that smoking, controlled substances, and alcohol policies and regulations of
the Commonwealth of Pennsylvania and The Pennsylvania State University shall be in effect.
The Speaker(s) assumes sole responsibility for acquisition of and all costs for travel, lodging
accommodations and meals unless noted previously under “ITEMIZED ADDITIONAL COSTS
INVOLVED WITH EVENT”. DO NOT ASK FOR MEALS AT A CAMPUS UNLESS
INCLUDED IN THIS AGREEMENT.
The Sponsor's representative reserves the right to permit broadcasting of the Speaker(s)' performance by
radio and television broadcasting establishments affiliated with the University and/or commercial
broadcasters providing promotional consideration. The Sponsor's representative also reserves the right to
record the Speaker (s) performance for preservation in the University archives.
The Speaker(s) will make themselves accessible to a representative(s) of any of the several Universityaffiliated publications for interview purposes in advance of and following the engagement.
Failure of the Sponsor to comply with or properly execute the clauses of the AGREEMENT may result in
the delay of the start of the performance, but not the shortening of the performance duration without
penalty to the Speaker(s).
It is agreed that payment by the Sponsor in accordance with AGREEMENT hereof is expressly
conditioned on full performance by the Speaker(s) of the duties and obligations herein created. In the
event the Speaker(s) performance of any such duty or obligation is prevented by reason of any cause or
causes beyond control, the Sponsor shall pay, within a reasonable time following partial performance, a
reasonable compensation for services actually rendered.
The Speaker(s)acknowledges receipt of sufficient information concerning the place of performance and
that the physical conditions of the place of performance are adequate for the performance.
ALCOHOL ON UNIVERSITY PREMISES: Speaker agrees that there shall be no alcohol on
university premises. For the purpose of this agreement University Premises shall be defined as any
property owned, rented, leased or otherwise under the control of The Pennsylvania State University.
Should Speaker possess or consume alcohol on University premises, Speaker shall immediately forfeit
any and all claim to compensation for the performance while retaining all obligations to perform. Should
Speaker fail to perform after possessing or consuming alcohol on university premises, Speaker shall
reimburse Sponsor and University for all costs related to the performance with the exception of expenses
solely related to supporting acts or speakers.
AUDIENCE PARTICIPATION: No person who is legally a minor can be involved in any performance
or demonstration unless permission is received from a parent or legal guardian who is present at the
demonstration.
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MERCHANDISING: Solicitation or sale of merchandise by Speaker is prohibited without the prior
approval of the University and Sponsor. If University and Sponsor agree that Speaker may sell Speaker’s
merchandise at the event, then Sponsor agrees to provide Speaker an appropriate well-lighted space for
the sale of Speaker’s merchandise. Sponsor also agrees that Speaker shall have the sole right to sell
merchandise licensed by the Speaker or containing the Speaker’s logos, trademarks or name. Speaker
agrees that Sponsor shall receive a commission of
% of gross proceeds on all non-recorded
materials. Speaker agrees to keep accurate records of the amount of each type of merchandise sold and to
make them available at settlement which shall occur no later than one hour after the conclusion of
Speaker’s performance. Upon request of Speaker, Sponsor may provide volunteers to assist Speaker in
the sale of merchandise. Such volunteers shall be under the supervision of the Speaker. Speaker hereby
agrees to unconditionally release Sponsor and University from any liability for cash, other receipts, and
merchandise shortages. Speaker hereby agrees that it will be solely responsible for required collection
and reporting of sales taxes. Speaker hereby releases, holds harmless, indemnifies, and defends the
University and Sponsor against any claims resulting from the sale of Speaker’s merchandise including,
but not limited to, claims of product liability, product warranty, failure to pay royalties to another party,
and copyright or patent violation.
NUDITY: Speaker agrees it will not engage in any nudity during the show or in its public conduct before
and after the show. Should Speaker violate this, Speaker shall immediately forfeit any and all claim to
compensation for the performance and Speaker shall reimburse Purchaser for all costs related to the
concert with the exception of expenses solely relating to supporting acts.
SOCIALIZING: Socializing with students at non-University sponsored events after the Speaker’s
performance is discouraged. The majority of students at the University’s campuses are under 21 years of
age and some may be under 18 years of age. Speaker will assume all liability for disregarding this clause.
SENSITIVE LANGUAGE AND PROFANITY: Please be aware that some members of your audience
may be sensitive to offensive language and/or profanity. Please notify the contacts for the Sponsor and
University before the signing of this Agreement if your presentation contains offensive language and/or
profanity.
CANCELLATION: Should circumstances necessitate cancellation of the performance, such will be
determined by joint consent, and the undersigned parties agree to reschedule the performance at the
earliest possible date of mutual convenience. In the event of cancellation, each of the undersigned parties
shall be solely responsible for its own incurred costs.
RIDER: A Rider/Addendum is
is not
attached to this AGREEMENT.
(ONE MUST BE CHECKED BEFORE
SIGNATURE BY SPONSOR AND
UNIVERSITY!)
If there is any conflict between the terms and conditions of this AGREEMENT and a Speaker’s rider
and/or addendum, the terms and conditions of this AGREEMENT shall govern.
GOVERNING LAW AND LEGAL VENUE: All parties hereby irrevocably agree that this
AGREEMENT shall be governed by the laws of the Commonwealth of Pennsylvania, of the United
States of America, and the venue for any and all legal actions brought under this AGREEMENT shall be
the courts for the County of Centre, Commonwealth of Pennsylvania.
OTHER: This is a fully integrated contract. It is further understood that this AGREEMENT contains the
whole AGREEMENT between Obligator and contracted party and this document supercedes any other
terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind
whatsoever concerning this contract, not expressly set forth herein. Furthermore, this AGREEMENT may
not be modified, amended, changed, or altered except in writing executed by all parties.
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SIGNATURE PAGE
SPEAKER SECTION
1. The following shall act as the Speaker or Speaker’s Representative. Please fill in all information
requested below:
Signature of the Speaker/Speaker’s Representative
Date:
Type or Print Full Name of Speaker/Speaker’s Representative
Federal ID or Social Security Number
Address of Speaker or Speaker’s Rep
Phone of Speaker or Speaker’s Rep
Email Address & Fax Number
SPONSOR SECTION
2.
Sponsor’s Representative Signature
Date
Type or Print Full Name of Sponsor’s Representative
Sponsor’s Contact Telephone
Sponsor’s Email Address
UNIVERSITY SECTION
3. Facility Manager of
confirms that all facility arrangements have been secured in accordance with the requirements of
this AGREEMENT. Any additions or changes must be resubmitted for confirmation.
Facility Manager Signature
Date
Authorized University Signatory
Date
4.
Type or Print Full Name of Authorized University Signatory
UNIVERSITY SIGNATURE MUST BE OBTAINED BEFORE THE EVENT TAKES PLACE.
ALL SIGNATURES MUST BE ORIGINAL.
Revised 12/04
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