Speaker Agreement

We’re delighted that you’re joining us as a speaker. We genuinely value our Camunda Community and the open source spirit of sharing and growing from experiences together.

By submitting this form, you (hereinafter known as “Speaker”) accept the terms and conditions of this Speaker Agreement (“Agreement”) with the Camunda entity set forth in Section 1 of this Agreement (“Camunda”).

  1. Speaker will prepare and participate in a moderated panel discussion or give  a presentation based on the subject the Speaker has submitted for consideration during the designated conference or seminar hosted by Camunda ( the “Event”) 

  2. In preparation for the Event, the Speaker agrees to the following:

    1. to meet all deadlines provided by Camunda in regards to the event. 
    2. to confirm their participation online or offline by the given deadline.
    3. to provide all presentation materials in a reasonable time prior to the Event, including but not limited to slides and handouts, as well as three questions that can be used in a Q&A period after their presentation has been given. 
    4. to ensure that they have a stable and secure internet connection  at all times and the necessary equipment needed to participate in the Event.
    5. to set up their profile in the Event platform provided by Camunda prior to the Event taking place. 

  1. The Speaker will participate in or/and agree to the following: 

    1. A 30 minute tech-check session approximately two to four weeks before the Event
    2. A 30 minute moderator catch-up to discuss the content of the presentation
    3. 1 hour stand-by prior to the Event for final tech/sound-check
    4. 30 minute presentation 
    5. 15 minute moderated Q&A session after their presentation
    6. 30 minute Q&A session in the online Event communication channel 

  2. The Speaker grants Camunda a royalty-free, non-exclusive, perpetual license to use, reproduce and distribute their presentation (including their name, picture, likeness, comments, voice, and all handouts, slides  and visual presentations) for any purpose in connection with the Event so long as appropriate attribution is given to them. The Speaker  shall continue to own the copyright to all materials created for the Event and is not prohibited from using their presentation or distributing their presentation as they see fit.

  3. The Speaker is aware that all  Event sessions may be recorded (audio/visual) and published. The Speaker’s name, as well as biographical information, may be mentioned.
  4. To the best of  the Speaker’s knowledge,  the Speaker warrants that the use of any materials prepared by them will not expose Camunda to liability for breach of confidentiality, of privacy, for infringement of copyright or similar liability, is factually accurate, and contains nothing defamatory or otherwise unlawful. The Speaker agrees to practise due diligence in the creation of their presentation to ensure that no content contained within shall infringe the IP rights or breach the privacy or confidentiality rights of a third party. 
  5. If the Speaker is participating on behalf of a company or will be using a company’s logo or use case in their presentation, the Speaker confirms that they have received all necessary consent from such company to use, edit, distribute and publish the company’s content on the internet, TV,  in print media, in promotional materials,  emails, and other distribution channels. 

  6. The Speaker will not receive any royalties, honoraria, and/or reimbursement of expenses in connection with the program or the rights granted above.

  7. The Speaker understands and expressly agrees that neither Camunda nor any of its affiliates will be liable under any theory of liability for any direct, indirect, incidental, special, consequential, or exemplary damages that may be incurred by the Speaker, including any loss of data, whether or not Camunda or its representatives have been advised of or should have been aware of the possibility of any such losses arising. This limitation of liability applies except for cases of intent or gross negligence, and for mortal injury, bodily harm and health damage.

  8. The Speaker shall indemnify, release, defend, and hold Camunda, its directors, officers and employees harmless 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 Speaker’s warranties contained herein or arising from or relating to Speaker’s performance under this Agreement.

  9. Camunda further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

  10. Should individual provisions of this Agreement be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the contract as a whole shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision. These provisions shall apply accordingly in the event that the contract proves to be incomplete.

  11. In the event that the Speaker should no longer be able to participate in the Event, the Speaker agrees to immediately inform Camunda and provide a substitute speaker agreeable to Camunda. 

  12. Speaker warrants, represents, and agrees that they have the full power and authority to enter into this agreement; and has obtained all necessary permissions or licenses from any necessary individuals or organizations prior to the Speaker’s presentation.

The Speaker’s Location will determine (a) the Camunda entity entering into this Agreement, (b) the law that will apply in any dispute or lawsuit arising out of or in connection with this Agreement and (c) the courts that have jurisdiction over any such dispute or lawsuit (the “Venue”), as set out in the table below. Parties hereby accept the exclusive jurisdiction of the competent courts of the venue indicated below and irrevocably waive any objection and defense which either may have to the bringing or maintenance of any such claim. THE PARTIES KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO TRIAL BY JURY IN ANY CLAIM UNDER OR IN CONNECTION WITH THIS AGREEMENT.

Speaker Location

Camunda entity entering into this Agreement

Governing law

Venue

The United States of America, Canada

Camunda, Inc.

101 Montgomery Street
Suite 1900
San Francisco, CA 94104
USA

Laws of the State of Delaware and controlling United States federal law

Delaware

Germany, Austria, Switzerland

Camunda Services GmbH

Zossener Strasse 55-58, 10961 Berlin, Germany

German law, excluding both CISG and conflict of laws provisions

Berlin, Germany

United Kingdom and Commonwealth (excluding Canada)

Camunda LTD

Moorcrofts Llp Thames House, Mere Park, Dedmere Road, Marlow, United Kingdom, SL7 1PB

English law, excluding both CISG and conflict of laws provisions

London, United Kingdom

Any other country

Camunda Services GmbH

Zossener Strasse 55-58, 10961 Berlin, Germany

English law, excluding both CISG and conflict of laws provisions

London, United Kingdom

The following amendments to this Agreement apply to the Students if the Student Location is in the applicable region as described below:

Germany, Austria and Switzerland

  1. a) With respect to Speakers having the Speaker Location in Germany, Austria, or Switzerland, this Agreement is only applicable to companies as laid down in §§ 14, 310 Abs.1 of the German Civil Code (Bürgerliches Gesetzbuch, abbreviated BGB).
  2. b) Section 9 of this Agreement  is replaced in its entirety with the following section:

Camunda will be liable without limitation for all losses caused by Camunda and by its legal representatives or vicarious agents in cases of intent or gross negligence, the absence of a guaranteed quality (“garantierte Beschaffenheit“) and for mortal injury, bodily harm and damage to health, as well as in accordance with the provisions of the Product Liability Act (“ProdHftG”).

In cases involving a simple negligent breach (“leichte Fahrlässigkeit”) of primary obligations (“Kardinalpflicht”), Camunda’s liability will be limited to replacement of the foreseeable damage typically occurring. Primary obligations are such basic duties which form the essence of the Agreement, which were decisive for the conclusion of the Agreement and on the performance of which the Parties may rely. Other than this, Camunda’s liability for simple negligent breaches (“leichte Fahrlässigkeit”) of accessory contractual obligations is excluded. Further liability – for whatever legal reason – on the part of Camunda and Camunda’s vicarious agents is excluded. 

If the Speaker´s losses result from a loss of data, Camunda will only be liable for this to the extent that the damage that would have resulted even if the Speaker  had made a backup of all the relevant data.

  1. c) Section 11 of this Agreement  is deleted in its entirety.

United Kingdom and Commonwealth and any region other than the United States of America, Canada, Germany, Austria or Switzerland

A person who is not a Party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this Agreement.