Negotiating The Presenter’s Contract
After much research and thoughtful deliberation, you’ve
finally made a decision to hire a particular presenter.
Now you must iron out the details and issue a contract.
The contract (and the negotiations leading up to it)
form the basis for your relationship with the presenter.
Thorough attention to details and clear communication
of your objectives are necessary to prevent misunderstandings
and unpleasant surprises. Both you and the presenter
need to be very clear as to what you expect from each
other. Ask lots of questions beforehand, go over contracts
and riders with a fine toothcomb, and spell everything
out in writing.
In some cases, when you deal directly with a presenter
the contract is prepared by your company. When you deal
through a speaker’s bureau, the bureau usually
provides the contract. At ETC, we do all the research,
negotiating, and contracting for you. Following are
some of the points you should negotiate and include
in your contract with the presenter.
Things You Need to Know:
1. The Fee
Most professional presenters have set fees for their
services. In general, reputable presenters will maintain
the integrity of their fee regardless of who the client
is. Occasionally, a presenter will be willing to negotiate
his fee if he is spending less time traveling, if he
has another meeting on the previous or following day
in close proximity, if exposure to your audience is
important, or if it will lead to multiple engagements
with your organization. or if it’s for a school
or non-profit organization. Nonetheless, you will not
necessarily negotiate a better deal when dealing directly
with the speaker than you will when dealing through
a speaker bureau. For the most part, bureaus receive
their commissions out of the presenter’s fee.
We at ETC always do our utmost to negotiate the best
deal for our clients. Whether you book directly or through
a speaker bureau, the presenter’s agreed-upon
fee should be clearly stated in the contract.
2. Expenses
The presenter’s expenses need close scrutiny and
serious negotiation. If not, you may pay nearly as much
for expenses as you do for fees. As a rule, presenters
expect to be reimbursed for their round trip airfare
(first-class or coach), ground transportation to and
from the airports, hotel accommodations, meals while
at the meeting site and all gratuities. Some presenters
will ask to fly first class and may also request that
you pay the expenses for their spouse, traveling companion,
or bodyguard. The following areas should be negotiated
or they can quickly escalate your costs.
a. Travel
To avoid any misunderstanding, you need to discuss the
type of airline ticket to be used the number of people
traveling and how many you are willing to pay for, then
clearly stipulate it in your contract. If you negotiated
for coach fare, put that in writing as well.
You'll also want to stipulate how much you will reimburse
your presenter for ground transportation, whether they
will be met at the airport, whether ground travel is
to be by taxi or limousine, what mileage rate you will
pay for travel in the speaker's own car, etc.
Check to see where your presenter will be right before
or right after your engagement. In the event they are
booked nearby, ask to have their travel expenses prorated,
saving both groups money. Be sure to specify in the
contract exactly what portion of the airfare you will
pay.
b) Hotel and Meals
If you are providing a hotel room for the presenter,
have only the room itself and the tax charged to your
master account, specifying the number of nights the
presenter will be at the hotel. Presenters should not
charge their unauthorized liquor bills, long distance
calls or private parties to your account.
c) Printing and Audio/Visuals
You need to find out if there are going to be any unusual
or unexpected expense requirements such as printing
of handouts or extravagant audio/video needs. (Sometimes
known as a rider) Some speakers have developed elaborate
multi-media presentations that require special operators
to work with the equipment. The production costs to
stage some celebrity entertainers can cost you thousands
of dollars above and beyond the initial agreed-upon
fee. Make sure you know what's involved up front.
d) Local Attraction
You may want to think about using a presenter who lives
in the same locality as your meeting site. Many professional
presenters are more than willing to be flexible with
their fees when invited to speak in their hometown.
You'll also save on transportation and accommodations.
Eagles Talent Connection is equipped to recommend the
best local presenters. Our database includes professional
speakers, entertainers and resource contacts in fifty
states and many countries around the globe.
3. Method of Payment
An advance deposit is almost always required to secure
a presenter's services. As a rule, the deposit is 50%
of the fee and is due when the contract is signed. If
you deal directly with the presenter, it is customary
to pay the balance of their fee with a check in an envelope
immediately upon completion of their program. If you
have booked through a bureau, the check should be cut
and mailed to the bureau immediately prior to the meeting.
4. Cancellation – By the Booking Party
A presenter’s inventory consists primarily of
knowledge, talent and time. What a presenter is actually
selling you is a block of time. Once a specific engagement
is confirmed, that date (and the surrounding time necessary
to get the presenter to and from the engagement) is
blocked off the presenter’s calendar. That block
of time is considered “sold” and thus removed
from the marketplace. It is therefore understandable
that a late cancellation can cost the presenter money
not only from your cancelled engagement but also from
other possible engagements they might have turned down
because the date was already sold. Chances are the presenter
will not be able to re-book the date(s) on short notice.
It is for this reason that professional presenters insist
on a percentage of their fee in the event of a cancellation,
and in some cases may want their entire fee paid. Since
there is not a current industry policy regarding cancellations,
this is a negotiable item. You will find, however, that
the more popular and independent the presenter, the
more stringent the cancellation clause.
If you’re not 100% committed to using a particular
presenter, or you suspect that your meeting might be
cancelled, don’t sign the contract. However, remember
that by waiting too long to sign the contract, you run
the risk of losing the presenter to another organization.
In any case, you may want to negotiate the number of
days after which the date should not be cancelled.
5. Cancellations - By the Presenter
If a presenter cancels the contract, due to inability
on their part to comply, all advance payments are returned
to the booking party. Most presenters have an “Act
of God” clause written into their contract that
protects them from any other penalty if the reason for
canceling is beyond their control. Some may even have
a clause allowing them to cancel for any reason at all
up to 30 days (or less) prior to the meeting without
penalty. Be sure you are aware if such a clause exists
and try to negotiate it away.
Although last minute cancellations by professional
presenters are rare, when they happen they can give
a meeting planner nightmares. One of the many advantages
of working with Eagles Talent Connection is that when
a presenter cancels for any reason, a replacement of
equal caliber can be found in time. In any event, be
sure you carefully read and understand the cancellation
clauses before you sign the contract.
6. Program
(a). Content
Because many presenters offer several different programs,
your contract needs to clearly state the specific program
you have negotiated. Be sure to delineate the topic,
subject matter, and title of the presenter’s program.
(b). Length
Your contract also needs to clearly state the length
of time allocated for the program. Some examples are:
• Keynote Address:
40 minutes to 90 minutes (is standard)
15 minute question and answer following
(is optional)
• Two-hour Seminar
• Half-day Workshop
• Monitoring of a 1-hour panel discussion
• MC for a 90 minutes gifts and awards banquet,
etc.
(c). Schedule
Be sure to include the day of the week as well as the
month, date, and year of the engagement. You don’t
want your presenter arriving a day late because he looked
at last month’s or last year’s calendar.
Also be exact, if you can, about the start time and
end time of the program, and at what time you expect
the presenter to arrive at the meeting site. If it is
a morning program, for example, you will want your presenter
to arrive the evening before. If you check to see exactly
where the presenter will be the day before your engagement,
you can make sure they will arrive at your site with
time to spare. In fact, you should insist that the presenter
arrive enough in advance to go over last-minute details,
do a sound and light check and get a feel of the place.
If this includes a rehearsal, put that into the contract.
(d). Special Events
Be sure your contract includes all social functions
and press conferences that your presenter has agreed
to attend. Early arrival to attend a reception, or late
departure for a social event, or autograph signing session
should be stated with the agreed-upon times in the contract.
If the presenter is expected to sit at the head table
or dais prior to his program, that, too, should be included.
Remember, the more clearly you define your agreement
in the contract, the more secure everyone feels.
7. Production Requirements
There is no such thing as “standard” production
requirements. Each presenter is different, with their
own quirks and production needs. Be sure to inquire
as to those needs beforehand and make sure they are
included in the contract.
Production requirements include staging, lighting, sound,
visual equipment, and lecture-aids (such as projectors,
lectern, table, stool, flip chart, water, etc.). The
production costs to stage some celebrity entertainers
can be thousands of dollars above and beyond the initial
agreed-upon fee. Be very specific about these needs
in your contract.
If the presenter requires handouts, be sure to set out
beforehand who is responsible for the printing, shipping,
and storage costs. If your contract space is limited,
add an addendum.
8. Taping Rights
Many presenters have spent years researching, compiling,
organizing, and honing their material. Because it's
their livelihood, most presenters include a clause forbidding
the engaging party to audio or videotape their programs
without express written permission. Depending on the
presenter’s policy, reproduction privileges may
be extended — sometimes at an additional cost.
Ask for permission and include it in your contract.
Your presenter might agree to a small segment of their
program being taped if it is to be used only by the
organization for archival purposes, or as a retrospective
of the conference to be shown to the attendees at the
end of the meeting.
If you expect photographs to be taken during the talk,
you will also have to get prior permission from the
presenter, especially if you plan to use a flash.
9. Product Sales
Many professional presenters have authored books and
educational tapes they make available for sale at the
back of the room after their presentations. Most speakers,
however, only bring along order forms to be distributed
or made available to the audience. For many presenters,
the sale of their products constitutes a substantial
percentage of their income.
Many audiences appreciate the opportunity to take home
the presenter’s message to share with others or
as a review for themselves. Because occasionally a speaker
has been known to spend too much time pitching their
products during their presentation, some organizations
have come to object to these sales. Find out your organization’s
policy on these sales and let your presenter know beforehand,
both verbally and in your contract, whether you will
allow such sales to be included in their program. If
the sale of product is allowed, then be sure to clearly
delineate how these sales are to be handled. Another
advantage to working through Eagles Talent Connection
is that we are extremely sensitive to an organization’s
policies and needs and have many years of experience
at tactfully handling these kinds of liaisons between
meeting planner and speaker.
10. Final Note
Eagles Talent Connection is a non-exclusive bureau,
which means that you, the meeting planner, is our client
not the presenter(s). Thus our first and only allegiance
is to you, our clients. When we negotiate with a presenter,
we do so on your behalf. We make sure that all the contracts
we issue, are in our clients best interest.
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Eagles Talent Connection, Inc.
57 West South Orange Ave.
South Orange, NJ 07079 USA
Attn: Presenter Submission
PHONE: 973-313-9800
FAX: 973-313-0040
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© 1998 - 2008 Eagles Talent Connection, Inc. All Rights Reserved. |
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