Intellectual property is
another area worth addressing. Because, as speakers,
we are paid for our thoughts
and our interpretation of information, it is important to
protect intellectual property as a valuable asset. There
are some simple measures that can protect your intellectual property. For example, copyright all of your materials. Include in your contract a statement denying the
client permission to reproduce the handouts or to record
your presentation without your written consent. You
may also think about offering licensing fees for subsequent distribution of your materials.
For a majority of the engagements that the average
speaker books, addressing each one of the 10 provisions
will cover most of the ways a relationship can go wrong.
However, each speaker has to evaluate where he may be at
risk of exposure and what provisions to include. Some
clients may require a more detailed and well-defined
contract then others.
When writing the contract, stay away from confusing,
legal-sounding words. In fact, the more a contract reads
like plain English, the least likely a misunderstanding will
happen. Also, don’t cut and paste any provision that you
do not fully understand. If you don’t fully understand a
provision, ask your lawyer to explain it to you. As they
say, an ounce of prevention is worth a pound of cure.
Ultimately, contracts that clearly and accurately outline
the rights, responsibilities, duties and roles for each person or organization will address most, if not all, of the
problems that could arise between two organizations that
choose to work together.
Jeanette Nyden is an attorney, mediator and professional
speaker. As the president of J. Nyden &
Co., Inc., she provides negotiation skills
seminars and keynote presentations. For
free negotiation resources, visit www.
jnyden.com. Jeanette can be reached at
(206) 723-3472 or at email@example.com.
What’s in a Word?
Plenty, if they are used in written contracts. Here
is a list of words that are often used in contacts
and a brief explanation of their meaning.
Money owed to another for a violation
of the contract
Responsibility for wrong doing
A promise not to reveal secrets
A cure for a violation of the contract
Alternatives to litigation for resolving
Someone legally acting on the behalf
Protection for wrong doing
Your word that you can offer what you
say you will provide
Where litigation will take place
A failure to live up to a provision of