terms of service  |  Revised 01.30.2025

 

SPEAKING AGREEMENT

 

This Agency Agreement ("Agreement") is made by and between Client ("Client") and Gentleman Scholar Ventures LLC dba Kevin Burkart Speaking ("Agency").

 

Agency is in the business of providing speaking services for a fee.

 

Client desires to engage Agency to render, and Agency desires to render to Client, certain speaking services, all as set forth.

 

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows:

 

1. Engagement.

Client engages Agency to render, and Agency agrees to render to Client, certain services in connection with Client's event.​

​

2. Perform such other services as Client may request related to the event, but not limited to, appearances, small group break outs, facilitation of meetings, materials, etc.

 

3. Exclusivity.

Agency shall be the Non-Exclusive agency in the United States for Client with respect to the products described in Section 1 and 2 above.

 

4. Compensation will be determined on a per event basis.

 

A. Client shall be obligated to reimburse Agency for any travel or other out-of-pocket expenses incurred in the performance of services pursuant to this Agreement unless expressly agreed by Agency in advance.

 

5. Billing.

A. Agency shall invoice Client.

 

B. Charges for production materials and services shall be billed by Agency upon completion of the production job.

 

C. Rate or billing adjustments shall be credited or charged to Client on the next following regular invoice date or as soon as otherwise practical.

 

D. Invoices shall be submitted in an itemized format and shall be paid by Client within thirty (30) days of the invoice date.

 

6. Competitors.

During the term of this Agreement, Agency May Not accept employment from, render services to, represent or otherwise be affiliated with any person, firm, corporation or entity in connection with any product or service directly or indirectly competitive with or similar to any product or service of Client with respect to which the Agency is providing any service pursuant to this Agreement.

 

7. Cost Estimates for Materials.

Agency shall not commence production work on any project pursuant to this Agreement without first estimating costs. After determining the estimated cost, completion of the work shall be subject to Client's prior approval.

 

8. Audit Rights.

Agency agrees that following reasonable prior notice any and all contracts, agreements, correspondence, books, accounts and other information relating to Client's business or this Agreement shall be available for inspection by Client and Client's outside accountants, at Client's expense.

 

9. Ownership and Use.

A. Agency is work-for-hire. Agency shall insure, to the fullest extent possible under law, that Client shall own any and all right, title and interest in and to, including copyrights, trade secret, patent and other intellectual property rights, with respect to any work created by Agency or at Agency's direction for Client pursuant to this Agreement and utilized by Client.

 

B. Upon termination, Client agrees that any materials prepared by Agency and submitted to Client (whether submitted separately or in conjunction with or as a part of other material) which Client has elected not to utilize, shall remain the property of Agency, unless Client has paid Agency for its services in preparing such item. Client agrees to return to Agency any copy, artwork, or other physical embodiment of such creative work relating to any such idea or plan which may be in Client's possession at termination or expiration of this Agreement.

​

C. Materials created by Agency pursuant to this Agreement may be used by Client outside the United States without additional compensation, provided that Client shall be responsible for any additional expense associated with such use, such as charges for translation and amounts due talent. Agency's obligations in Section 10.A. below shall not apply with respect to any such foreign use.

​

10. Indemnification and Insurance.

A. Agency shall indemnify and hold Client harmless with respect to any claims, loss, suit, liability or judgment suffered by Client, including reasonable attorney's fees and costs, based upon or related to any item prepared by Agency or at Agency's direction, including, but not limited to, any claim of libel, slander, piracy, plagiarism, invasion of privacy, or infringement of copyright or other intellectual property interest, except where any such claim arises out of material supplied by Client and incorporated into any materials prepared by Agency.

​

B. Client agrees to indemnify and hold Agency harmless with respect to any claims, loss, liability, damage or judgment suffered by Agency, including reasonable attorney's fees and court costs, which results from the use by Agency of any material furnished by Client or where material created by Agency or at the direction of Agency subject to the indemnification in subsection A. above is materially changed by Client. Information or data obtained by Agency from Client to substantiate claims made in materials shall be deemed to be "material furnished by Client to Agency".

​

C. In the event of any proceeding, litigation or suit against Client by any regulatory agency or in the event of any court action or other proceeding challenging any materials prepared by Agency, Agency shall assist in the preparation of the defense of such action or proceeding and cooperate with Client and Client's attorneys.

​

11. Term.

The term of this Agreement shall commence on upon speaking engagement contract execution and shall continue in full force and effect until terminated by either party upon at least ninety (90) days prior written notice. The rights, duties and obligations of the parties shall continue in full force during or following the period of the termination notice until termination.

 

12. Rights Upon Termination.

A. Upon termination of the Agreement, Agency shall transfer, assign and make available to Client all property and materials in Agency's possession or subject to Agency's control that are the property of Client, subject to payment in full of amounts due pursuant to this Agreement

 

13. Default.

In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, then the other party may provide written notice of such default and if such default is not cured within ten (10) days of the written notice, then the non-defaulting party may terminate this Agreement.

 

14. Notices.

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.

 

If to Client:

Client Address

 

If to Agency:

Gentleman Scholar Ventures LLC

5344 Candy Cove Trl SE

Prior Lake MN 55372 USA

 

15. Headings.

Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

 

16. Final Agreement.

This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.

 

17. Governing Law.

This Agreement shall be construed and enforced in accordance with the laws of the state of Minnesota.

​

Questions related to the above Terms of Service may be directed to kevin@kevinburkart.com, 952-457-8066 or send us mail to:
​​

Gentleman Scholar Ventures LLC dba Kevin Burkart Keynote Speaking & Web Development, 5344 Candy Cove Trl SE, Prior Lake MN 55372, USA.

​​

​