Service

Instructor agrees to present or teach approved content (“Content”) at the Event which Company may record. Content includes in-person presentation, video streaming or recording, and presentation materials, and other information (including audio, visual, written, and electronic) provided by Instructor during and in connection with the Event listed above (“Material”). The Content will be original and shall not infringe upon any third-party intellectual property rights. Company will review and approve Content prior to the Event.

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Course

Course details will be finalized mutually. The course should educate attendees with substantive knowledge of the topic, and practical tips. Instructor is encouraaed to use pre-existing materials, real-life experience, and relevant use cases. 

 

Content Approval

Company reserves the right to review and approve all Content before it goes live. Content must align with applicable laws, Company values, code of conduct and corporate policies.

 

Confidentiality

Instructor will not share any private information about the Event and Company, and will not share information with other parties about Company’ strategy.

 

Cancellation by Instructor

If Instructor is unable to perform the agreed upon terms, it must notify Company immediately so Company and obtain a replacement.

 

Recording

Instructor gives Company permission to record, stream, film, and produce transcriptions, directly or through third parties, including via Vimeo, Zoom or other platforms, and use Instructor’s name and likeness, which includes Instructor’s image, voice, likeness, name, title, and any links and biographical information Instructor submits in connection with the Event; and Instructor’s Materials. Instructor’s name and likeness shall always be attributed to the Material, including any derivative works created by Company of or using the Material.

 

License to Use and Derivative Works

Instructor grants Company a worldwide, non-exclusive, irrevocable, sub-licensable, royalty-free, unlimited license in perpetuity to record, publish, use, edit, and create derivative works of or using the Content and Material including but not limited to Event recording, presentation handout, and all related assets created by Company related to the Event (“Derivative Work”) for any reason that is related to CrushContracts’ business now or in the future (“License”). Instructor owns all intellectual property rights in and to the Material; provided, however, that Company shall own the intellectual property rights to Derivative Works. Instructor does not have a right to use Derivative Works without Company’ prior written approval. Upon request, Company will provide Instructor with relevant Derivative Works and other Event related content for Instructor’s use. Instructor shall not be entitled to any additional compensation for the License or for Company’s use of Derivative Works. Company may edit the Content or Material for Derivative Works, provided that Company shall seek Instructor’s written approval for any substantive edits to the Content or Material. Company many not use Content and/or Material for any other purpose other than as permitted in this Agreement.

 

Instructor Ownership

Instructor represents and warrants that a) Instructor is either the original author of theentiretyoftheMaterialorinpossessionofallrightsandtitlestotheMaterial,b)theMaterialdoes not infringe on, misappropriate, or violate the intellectual property, privacy, or applicable rightsof others, and c) Instructor has full power and authorityto usetheMaterialattheEventand togrant theLicense to Company. IfInstructorusesanycontentauthoredordevelopedby in writing prior to the Event.

 

Relationship of the Parties 

This Agreement does not create an employment relationship.  Instructor enters into this Agreement as, and shall continue to be, an independent contractor. Instructor shall not look to Company as his/her employer, partner, agent, or principal, or be entitled to any benefits accorded to Company' employees, including without limitation disability insurance, vacation or sick pay.  Instructor shall be responsible for his/her own taxes, and insurance including without limitation unemployment, disability, worker's compensation, as well as licenses and permits usual or necessary for completing Instructor’s services to Company.

 

Force Majeure

In the event either party shall be delayed or hindered in or prevented from the performance of any act required hereunder by reasons of pandemic, strike, lockouts, labor troubles, inability to procure materials or services, failure of power or restrictive government or judicial orders, or decrees, riots, insurrection, war, Acts of God, inclement weather or other reason or cause beyond that party’s control, then performance of such act shall be excused for the period of such delay.

 

Publicity

Instructor shall advertise or otherwise publicize the Event and Instructor’s role in the Event, using authorized Company name or trade name, trademark or service mark, and marketing assets at least once a week on Instructor’s social media, and/or other medium.

 

Confidentiality

Sponsor and Speaker will not share any confidential information about the Event, Company, and its strategy with third-parties. The terms of this Agreement are confidential.

 

General

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, other than the conflicts of laws principles thereof. This Agreement contains the entire understanding of the parties and supersedes all prior agreements between the parties with respect to the subject matter hereof. All obligations under this Agreement which by their nature extend beyond termination will survive termination and remain in effect. Neither party may assign this Agreement without the prior written consent of the other. This Agreement can only be modified in writing signed by authorized representatives of both parties. If any provision of this Agreement shall be found invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.  Neither party’s failure to object to any document, communication, or act of the other will be deemed a waiver of any of the terms of this Agreement. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be deemed a single agreement. The parties will comply with applicable laws and regulations.