Council Speaker Terms & Conditions

This form, when submitted to The Council on Foundations, Inc. (“Council”), constitutes a firm and binding offer which the above-named organization (the “Client”) agrees to keep open, and not to revoke or revise, for a period of not less than 30 days from the date hereof in consideration of the Council’s undertaking to seek the acceptance and availability thereof by the requested speaker. If within that period the speaker requested is available the Council accepts this offer and notice of such acceptance is given by the Council to the Client, then the terms of this offer will constitute the entire agreement between the Council and the Client.

If the Council agrees to the terms of this offer 50% of the fee is non-refundable.  If the Client cancels the engagement after the Council has agreed to it and less than 60 days prior to the event date, the Client will owe the Council the balance of the fee plus any expenses actually incurred for travel and accommodations. If for any reason, the requested speaker is unable to fulfill their obligations under this agreement, the Council will make reasonable efforts to provide a replacement speaker subject to Client’s approval. If the Council is unable to provide a speaker acceptable to Client, the Council’s only obligation will be to return all monies paid by the Client to the Council (which includes the 50% deposit), without interest, and without further liability.

Client agrees not to reproduce any part of the speaker's presentation without the prior written consent of the Council. Client will provide complimentary tickets, passes, or registrations to the event or conference, for guests of the speaker, upon request.

This offer, and any agreement arising from the acceptance of it, shall be construed and enforced by the laws of the Commonwealth of Virginia.  In any action arising hereunder, the prevailing party shall recover his, her or its costs, including reasonable attorneys’ fees, from the other party. The terms and conditions of this agreement including any information exchanged during the negotiation of the agreement are confidential and may not be disclosed to any third party. The Client acknowledges that they may be held liable if a breach occurs and it may be construed by the Council as a cancellation.

Each of the parties represents and warrants that the execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate action on its behalf, this Agreement has been duly executed by it, and this Agreement constitutes its valid and binding obligation.

Each Party shall each indemnify, release, defend and hold harmless the other Party, its directors, officers and employees from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of a third Party claim, action, or proceeding, based directly or indirectly on any breach of its warranties contained herein or arising from or relating to its performance under this Agreement. Despite the foregoing, Client does not agree to indemnify, release, and agree to hold harmless the Council with regard to any claim of slander, libel, copyright infringement or other claim arising from the nature of content of speaker's presentation.

Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of the Council is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of the Council, then the Council shall not be responsible to you for any failure or delay in the performance of its obligations. The Council shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, the Council from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.