GUEST EXPERT SPEAKER Agreement
For Revel Coach's It’s Better Together Podcast
This Guest Expert Speaker Agreement is entered into and effective on this day, by and between Alison Nissen & Marcy Stoudt of Revel Coach, (“Host”), and Guest (as identified on this form) (“Speaker”). This Guest Expert Speaker Agreement (“Agreement”) outlines the relationship between Host and Speaker and defines how the parties will work together.
Host is the presenter of the It’s Better Together Podcast (“Show”). For good and valuable consideration, Host agrees to invite Speaker to share inspiration, conversation, and career/personal coaching advice. The It’s Better Together Podcast will is a pre-recorded interview based on inspiration, conversation, and career/personal coaching advice using audio and/or video on a pre-selected date & date that is agreeable to both Host and Guest for approximately 45 minutes. Speaker warrants that Speaker has the knowledge, skill and experience to speak on such topics and confirms that every effort has been made to provide information that is accurate, appropriate and up to date. Host will not modify the agreed-upon Topic unless the changes are made in writing and agreed to by both parties.
COMPENSATION.: Speaker will receive no monetary compensation for participation in Show.
PROMOTIONS: Speaker will receive promotional benefits from Appearance on Show and is invited to share such promotions with their audience.
CANCELLATION: Either party may cancel this Agreement without penalty.
INTELLECTUAL PROPERTY: Speaker warrants that all content presented at Show is Speaker’s original and exclusive work. Both parties agree that all intellectual property created in connection with Appearance, including the video and/or audio recording of the Appearance and any marketing materials belong solely to Host.
Speaker grants Host, as well as its affiliates, agents, employees, licensees or any other party acting on its behalf, the irrevocable, worldwide, unlimited right in perpetuity, to use Speaker’s name, likeness, image, voice, recorded voice, video appearance, biographical information, words, statements and performance that are captured for the Show (“Speaker Media”). This grant includes the right to copy, publish, edit, distribute and use Speaker Media, in commerce, in printed publications, multimedia presentations, on websites or any other distribution media, now known or later developed. Speaker agrees to release Host from any and all claims arising in connection with the use or non-use of Speaker Media, including but not limited to intellectual property, defamation, and privacy violation claims.
THE NATURE OF THE RELATIONSHIP OF THE PARTIES: The Speaker is and will remain an independent contractor in its relationship to the Host. Nothing contained in this Agreement will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship. The Parties agree that this Agreement is not exclusive in any way and each is free to enter into similar contracts with similar services, so long as such contracts in no way interfere with the ability for either party to perform under this Agreement.
LIMITED LIABILITY, INDEMNIFICATION: Speaker acknowledges and agrees that under no circumstances shall Host be liable for any losses, damages or injuries, whether direct or indirect, resulting from this Agreement, the Appearance, or any information presented by Speaker, including injuries of lost profits, loss of use, business interruption, cost of procurement of substitute goods or services, or for any indirect, special incidental, multiple, exemplary, punitive or consequential damages however caused and whether in contract, tort or under any other theory of liability, whether or not the party has been advised of the possibility of such damage and Host expressly excludes such liability to the fullest extent of the law.
Speaker agrees at all times to indemnify, defend and hold Host and its team members, agents, affiliates, and other parties associated with Host, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to this Agreement or the Appearance.
Governance: This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida, regardless of Speaker's location. The exclusive venue for any legal proceeding based on or arising out of this Agreement shall be Florida County, St. Johns.
DISPUTE RESOLUTION, LITIGATION EXPENSES: Should any dispute arise between Speaker and Host, it would be preferable to work it out amicably, but if that is not possible, then both parties agree that the dispute will be resolved by Arbitration, by the American Arbitration Association, in St. Johns County, Florida. Speaker agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgement of law. Speaker understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.
No award of any consequential or additional damages may be awarded to SPEAKER.
If any legal action is brought because of an alleged dispute regarding this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.
ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT: Speaker and Host agree that this Agreement constitutes the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Speaker understands that any expectation regarding the Appearance, which is not specifically included in this Agreement is not included.
Both parties agree that no waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision of this Agreement, nor shall any waiver constitute a continuing waiver. Both parties agree that this Agreement is not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Speaker and Host, or by an authorized signatory for either party.
If any term of this Agreement is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. This Agreement is not assignable, delegable, sub-licensable, or otherwise transferable.
NOTICE: All notices, requests, demands, and other communications regarding this Agreement shall be in writing, sent via the US mail, addressed as follows:
181 San Juan
Ponte Vedra 32082
SIGNATURES: Speaker and Host agree that the information provided on the Podcast Page is a valid form of signature for this Agreement.
Speaker has had the opportunity to consult with an attorney and to have all questions answered by Host prior to signing this Agreement. By selecting I Agree to Terms & Conditions, Speaker and Host agree to all of the terms of this Agreement.