Regulatory Compliance Association
Speaking Faculty Agreement
NOW, THEREFORE, in consideration of the mutual promises set forth above and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Speaker agrees that the Regulatory Compliance Association, Inc (RCA) may use Speaker’s name, photograph and biographical data for promotion and publication of Speaker’s participation in any panel, presentation, seminar, conference, symposium, web cast, CCO University Course or the like (hereinafter referred to as “Event”), associated with the RCA, in which Speaker participates. Speaker understands that their participation in the Event qualifies them for inclusion in the CCO University faculty of professors, at the RCA’s sole discretion.
2. Speaker agrees that the RCA may, on a royalty-free, perpetual basis:
A. Use, distribute or sell a transcript or any excerpt thereof of my presentation;
B. Use, distribute or sell any materials supplied to the RCA or on behalf of the RCA, and or
C. Use, distribute or sell the audio or visual recordings of my presentation.
These permissions include any visual or written materials used in connection with my presentation.
3. If others own any portion of my presentation or visual or written materials, Speaker affirms that he/she has obtained permission from the owner to grant this license.
4. Speaker affirms, to his/her knowledge, that all materials used in my presentation that relate in any way to the financial services industry are in compliance with applicable insurance or securities laws and regulations at the time of submission.
5. Should my presentation qualify as for Continuing Education credits, Speaker agrees to provide the RCA with the information required by the accrediting body. Information requested may include, but is not limited to: personal biography/resume, signed instructor approval forms, outline, manuscript, and copies of any support materials used. Speaker will provide the forgoing within 10 days of request by the RCA.
6. I further agree to indemnify and hold harmless the RCA from and against all claims, actions or causes of action, liabilities, including reasonable attorney’s fees, and costs arising from the defense of any claim, action, cause of action or liabilities arising out of or resulting from:
A. any copyright infringement caused by my speech, including without limitation the written text of my speech and any recording or transcript of my speech, or by any written material furnished to RCA by Speaker;
B. any claim of defamation or slander arising from my presentation;
C. any intentional misconduct by me.
General Provisions. Any notice provided under this Agreement is deemed given when (a) delivered personally, (b) sent by confirmed fax, (c) sent by commercial overnight courier with written verification of receipt, or (d) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address of record in either the state of incorporation or Registrar of the party’s email url, or at such other place of which the other party has been notified in accordance with the provisions of this Section. Such notice is deemed received upon the earlier of actual receipt or 3 business days after dispatch. The RCA may assign this Agreement and any rights hereunder. Speaker may not assign this Agreement. This Agreement contains the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements. If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect. Every provision of this Agreement shall be independent of and severable from the other provisions hereof. Speaker obligations hereunder shall survive the termination of this Agreement for a period of 2 years. The relationship of the Parties hereunder is that of independent contractors. Failure to enforce any provision of this Agreement shall not constitute a waiver of any term hereof. The Speaker agrees that the RCA shall recover any fees, costs and/or expenses reasonably incurred to enforce this Agreement and shall recover damages for any violation hereunder. This Agreement shall be governed by Florida Law as applied to agreements entered into and performed entirely within Florida between Florida residents. Venue shall be proper as elected by the RCA and each party hereby submits to the jurisdiction of, and waives any venue objections against the same. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof shall not be construed for or against any party. The titles and headings herein are for reference purposes only and shall not in any manner limit the construction of this Agreement, which shall be considered as a whole.