Independent Contractor (Educator) Terms & Conditions
Hoffman Media, LLC dba Original Sewing & Quilt Expo (“HM” “OSQE” or “we”) provides exciting, vibrant, high-quality classroom experiences at each and every event. Independent Contractor Educators (“Educator” or “you”)are practiced and passionate about their subjects, are routinely engaged in the business of teaching as independent contractors, and generous in sharing their knowledge inside the classrooms. Each Teacher brings essential personal expertise, techniques, innovative approaches, and current trends to students in classes (both lectures and workshops) morning, afternoon, and evening for one, two, or three days in each event location.
Educator and OSQE (HM) agree to the following terms::
1. Promote in Multiple Ways
Educator agrees to publicize your participation to the public in all ways reasonable and appropriate. This includes, but is not limited to, promotion of your class information (titles & descriptions) and participation (dates & times) in the following ways:
-Website Publication: Screenshot or link to the appropriate page(s); send to bapplegarth@hoffmanmedia.com
-Blog Post: Screenshot or link to the appropriate page(s); send to bapplegarth@hoffmanmedia.com
-Email Notice and/or e-Newsletter (at least two [2] per event, one 6-8 weeks prior, one 3-5 weeks prior). Send a copy of the email to: bapplegarth@hoffmanmedia.com
-Social Media posts as appropriate (pass along so we can share, too!)
-Word-of-mouth at events and other personal appearances
-Inserts in mail order, e-commerce fulfillment, and bag-stuffers
-OSQE rack cards are available upon request
-Download the OSQE event logo here and include it in your Promotion
-Add a hyperlink back to SewingExpo.com wherever appropriate, and please include dates and locations
-Use the event-specific logos with the date and location, which will be emailed to you before the event
2. Informational Handouts, Professional Biographies, and Photos
Educator will provide an informational handout (including workshop project directions) for each student in class that supports explains or enhances the classroom learning experience. For lectures, this can be as simple as an outline of topics covered in class (with space for notes), directions to a technique described in class, or a bibliography of related books or pattern numbers. (Please note: a price list of products is not the type of informational handout we are asking for.) We reserve the right to request these on-site for review.
Educator will provide your most current photo (headshot) and professional biography to the HM office for appropriate online promotion. (There is a field for you to include this on the Class Proposal Form on the website).
3. Personal Appearances
Respect the dates and geographical reach surrounding OSQE markets. This means your professional appearances can only be conducted outside the core marketing area of the event (2 hours’ drive) during the 90 days before and after the event unless you have obtained express written consent from an HM Director agreeing to the exception. This arrangement also benefits the other presenting or sponsoring organization or retailer, since their promotional dollars aren’t competing with ours. Limiting personal appearances to the areas outside the primary event marketing radius – and calendar months – is the best way to keep everybody busy, happy and profitable.
4. Confirm Classroom Set-up
Educator will verify classroom location and room set up, including audiovisual equipment, on the day prior to the first scheduled class whenever possible. If you arrive on the same day as your first class, you should check-in at the Ambassador Desk as early as possible so that any concerns about the classroom can be addressed in a timely manner.
5. Provide Content for Social Media
Other photographs will be gladly accepted and posted on the OSQE Social Media pages as appropriate.
OSQE agrees:
1. Materials Fee Reimbursement
OSQE will collect student materials fees for hands-on workshops during the registration process and reimburse the Educator after the event for actual materials dispersed. See details on the Teacher Information page under 'Before You Depart.'
2. Publicity
OSQE will provide internet-ready and/or print-ready materials, printed rack cards, brochures, and so on for you to use in promoting event appearances. OSQE will publicize you as a Faculty member and your classes:
- In the printed class brochure;
- At SewingExpo.com with class descriptions, your photograph, and professional profile;
- Via Email and Social Media promotions;
- Via the telephone with personal recommendations by in-house Registration Specialists during the registration process.
The parties further agree:
Product Sales
Selling of patterns, books, materials, etc. within the classroom is not permitted under any circumstance while the Exhibit Hall is open. The Exhibit Hall hosts all retail sales of products and services. If you have a limited product line (not enough for a booth of your own), matchmaker services may be able to help you find a home for your products in a compatible vendor’s booth, allowing the important connection between classroom experiences and Exhibit Hall sales to be maintained. Interested parties will be provided with contact information and arrangements can then be made with the vendor to retain a percentage of sales in exchange for their space and services.
Liability
Educator will bear its own expenses and risk of profit/loss associated with the performance of the services. HM does not maintain insurance covering damage, destruction, or loss of Educator property as a result of theft, fire, accident, or any other cause. You agree that it is your sole responsibility to obtain any insurance desired and/or necessary to compensate you for any loss or to secure any risk of loss. It is also expressly understood neither HM nor its employees, agents or representatives shall be liable for the injury of Educator, including any employees, agents, representatives, or guests of Educator. The Educator agrees to indemnify and hold HM harmless from and against any and all liability resulting from or in any way connected to Educator’s acts or omissions.
Employment
Educator agrees that he/she is undertaking the services provided as an independent contractor and not as an employee of HM. Further, HM shall not be responsible for Social Security, Worker’s Compensation, income tax, unemployment insurance, or any other withholding or payment as an employer. Educator and not HM will be responsible for maintaining your own facilities, providing any tools, equipment, or materials necessary for Educator to perform the services. Notwithstanding the provisions of this Agreement, you remain eligible to continue serving the public, including without limitation other businesses and customers of your independent contracting business.HM will issue Eduactor a 1099 Tax Form in accordance with applicable federal law.
Representations
Educator hereby grants HM, its affiliates, and their respective designee, and acknowledges that they shall have, the perpetual, worldwide right to use, display, reproduce and distribute and permit others to use, display, reproduce and distribute Educator’s name, likeness, other identification, and biographical material, and images and descriptions of the projects or other materials and designs, therefore, relating to Educator’s class(es), for the purposes of promoting and advertising the events—in addition to Educator’s promotional efforts--in which the Educator is participating and future OSQE events, in HM publications, web sites or other media.
Copyrights
By agreeing to these terms, the Educator agrees the subject matter, technique(s), or project(s) being taught are of original content. If any teaching material is not original or someone else’s work is recognizable, Educator agrees to obtain advance written permission from the copyright holder. Ideas, designs, inventions, discoveries, proprietary information, and other developments created during work for hire and published by HM, are deemed exclusive property of HM. Educator’s prior knowledge and intellectual property shall not be considered HM property and shall remain the property of the Educator during and after the contract period.
Class Cancellation
OSQE reserves the right to cancel, for any cause and for the good of the show (such as insufficient enrollment), any class at any time. When such cancellation takes place prior to 30-days in advance of the opening day of the event, such cancellation shall result in a proportionate decrease in the compensation payable to Educator.
Failure to Appear
Although Educator retains the right to cancel Educator’s appearance, Educator’s cancellation or failure to appear for any cause whatsoever will result in payment from Educator to OSQE equal to the total of 125% of class revenue already collected at the time of cancellation or failure to appear, plus 100% of total booth value assigned, if appropriate.
Covenants Not to Solicit or Interfere
Educator agrees that for the term of this Agreement, Educator shall not, on Educator’s own behalf or on behalf of any other person or entity, directly or indirectly for any reason: (i) request any customer or supplier to curtail, divert or cancel business with HM; (ii) solicit or attempt to influence any employee of HM to join a competitor of HM; or (iii) otherwise interfere in any contractual relationship of HM.
Governing Law
These terms constitute the complete understanding of the parties and supersede all prior agreements, understandings, and proposals (whether written or oral) with respect to the matters specified. These terms shall not be subject to modification, or discharge, in whole or in part, except by a written instrument signed by the parties. This Agreement shall be construed and enforced in accordance with the laws of the state of Alabama. The federal and state courts located in Birmingham, Alabama shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement. Educator releases and forever discharges HM, its parent company, affiliated companies, successors, and assigns, and their shareholders, owners, officers, directors, employees, agents, insurers, and reinsurers from any and all manner of actions, liabilities, suits, claims, damages, or expenses, including without limitation attorney’s fees and costs, which may arise out of or relate to the performance of these terms. All warranties and representations and indemnifications in these terms shall survive the termination of services.
Non-Disclosure
The parties agree that the information in this Agreement will be kept confidential and shall not, without the mutual consent of the both parties be disclosed to any third party. Any information disclosed by one party to the other, or by or to such party’s agents, representatives or employees, in any manner whatsoever, in whole or in part, shall not be used by the receiving party, its agents, representatives or employees, other than in connection with this particular event, as authorized by the disclosing party. Educator recognizes and agrees that information not otherwise available publicly about HM, its practices, its customers, or suppliers, gained during the term of this Agreement, including without limitation HM affairs, marketing, sales, customers and suppliers, and its methods, techniques, devices, and operations, are confidential and proprietary in nature and shall never be disclosed to any person or entity, for any purpose which may be detrimental to HM, its customers, suppliers, and sponsors.
Assignment
Although Educator may utilize the assistance of Educator’s agents and employees as necessary to fulfill the services, Educator may not assign Educator’s obligations under this Agreement to any third party without the prior written consent of HM, and any such assignment without consent is void. This Agreement may be executed by facsimile or electronic signature and facsimile and electronic signatures shall be fully binding and effective for all purposes and shall be given the same effect as original signatures.
Payment of Service
This Agreement signed by HM and you in Adobe Sign, will outline individual arrangements at each event for which you are contracted to teach, and, once e-signed, will indicate you have read and agree to the terms contained herein.
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