These terms and conditions apply to all offers and agreements made by Tara Myshrall for the engagement or arrangement of a meeting, workshop, event, training or consultation of any type. In these Terms ‘Speaker, Specialist’ is defined as: the person(s) hired by the Client through Tara Myshrall.
Tara Myshrall negotiates between the Client and herself for one or more appearances or activities by the Speaker/Specialist, without accepting responsibility for the quality or content of the Speaker/Specialist’s contribution and/or for the Speaker/Specialist itself.
Any deviation from these General Terms and Conditions shall only be permitted in case of written agreement by all parties.
An agreement comes into existence when the Client has accepted an offer made by Tara Myshrall. To confirm this agreement, Tara will send the Client an agreement that will be signed and returned within five days of receipt.
Should the Client request additional work from the Speaker/Specialist which is not enclosed in the Agreement, the Client will be charged separately for this work by Tara Myshrall. In these Terms ‘additional work’ is defined as: all services and deliverables arranged by Tara Myshrall other than the mentioned services and deliverables in the agreement.
Prices and payment
All prices exclude all taxes, travel, accommodation and expenses, unless otherwise mentioned.
The Client must pay the full fee agreed upon when invoiced. Payment shall be made directly to Tara Myshrall.
Should the Client be late or fail completely to make payment, then the Client shall be held negligent by law. Tara Myshrall is then authorized to discontinue all obligations agreed upon in the agreement or to wholly terminate the agreement. Tara Myshrall withholds the right to receive the redress of any damages or claims.
Conditions permitted to the performance of the Speaker/ Specialist.
The Client shall make sure that the venue is appropriately lit and ventilated, and shall be suitable for Speaker/Specialists presentation. The Client shall fully indemnify Speaker/Specialist against any injury or damages arising out of or as a result of the event.
The number of people attending the meeting, as mentioned in the agreement, is binding. If the number of attendees exceeds this number, Tara has the right to either cancel the engagement or to attach further Terms and Conditions.
Absence of the Speaker/Specialist
If the Speaker/Specialist has to withdraw from the speaking arrangement due to sickness, an emergency, an important engagement, professional responsibility or other unforeseeable circumstances, Tara Myshrall shall:
-Reschedule the performance in consultation with the Client, or
-Provide a substitute of equal skill to the Speaker/Specialist in consultation with the Client, in which case the possible higher or lower fees shall be discussed with the Client beforehand; or
– if Tara Myshrall and the Client cannot come to an agreement, it will be agreed to terminate the agreement with refund of any payments paid in advance.
If Speaker is delayed for reasons beyond his control, and gives the full presentation at a later time that day, the fees and Speaker’s expenses shall be due in full.
Tara Myshrall shall not be held accountable for any damages as a result of the absence or the delay of the Speaker/Specialist, with or without valid reason.
The Client is allowed to cancel the Agreement partially or in full before or at the latest on the first agreed date of appearance, in which case he will owe the following cancellation costs:
– If notice from the client is received by Tara Myshrall 20 days or less prior to the first date of engagement: 100% of the agreed fees.
– If notice from the client is received by Tara Myshrall more than 20 but 30 days or less prior to the date of the first date of engagement; 75% of the agreed fees.
– If notice from the client is received by Tara Myshrall more than 31 days prior to the first date of engagement; 50% of the agreed fees.
Tara Myshrall is justified to terminate the agreement immediately when the Client:
– Falls short of his duties.
– Files for bankruptcy or is filed bankrupt.
– Sells his business or liquidates it.
Cancellation of the agreement must take place in writing.
Tara Myshrall is allowed to mention all assignments in Tara Myshrall’s newsletter and Tara Myshrall’s Calendar, including Client and the Speaker’s name, unless the Client explicitly requests not to be mentioned.
Information on the website of Tara Myshrall, including photo material, may be used by the Client to promote the event. Tara can provide extra material (photographs, press folder) if required. The conditions shall be agreed upon separately.
No recordings (sound or video) shall be made during the Speaker/Specialist’s contribution, without Tara Myshrall’s express prior written consent on the Speaker/Specialist’s behalf.
Speaker’s name and likeness may not be used as an endorsement of any product or service or for any advertising or other commercial purpose other than the event itself, without Tara Myshrall’s express prior written consent on Speaker/Specialist’s behalf.
Prohibition to do business directly
The Client is not allowed to do any business directly with the Speaker/Specialist, without intervention of Tara Myshrall for 18 months after the Agreement is signed.
In case of deficiencies in fulfillment of the Agreement, the Client will notify Tara Myshrall by registered mail within reasonable period after discovery, but no later than 5 working days after the first date of the Speaker/Specialist’s engagement.
Tara Myshrall accepts no liability to third parties for damages of any kind, regardless of the cause, unless the damages are due to intention or gross negligence of Tara Myshrall.
The Client shall safeguard Tara Myshrall from claims made by third parties following the execution of the agreement.
Any liability of Tara Myshrall is limited to the agreed amount as stated in the Agreement.
This Agreement shall be governed by the laws of Canada, Province of Ontario.
All disputes arising out or in connection with this Agreement, including collection of all fees, shall be settled by binding arbitration held in Ontario, Canada in accordance with Canadian law