These are the terms (the “Agreement”) that govern your attendance at and/or participation in any of our events or programs.
By registering to the Event or program, you are agreeing to these terms, which form a legal contract between Speak Internationally/Ernesto Verdugo and you: (The registered attendee, the 3rd party provider, the JV partner, the Faculty member, the volunteer or the guest (“you”).
If you have any objections to the following Terms and Conditions, you should not participate in any of our events or coaching programs.
PROGRAM ENROLLMENT TERMS & CONDITIONS
Program Enrollment: We offer multiple programs which include virtual training and LIVE on location training. All our educational programs and/or branding programs require candidates to participate on a MANDATORY 60-90 minute pre-enrolment call with one of our experts.
Pre-enrollment Calls: To be part of any of our programs, you must participate on a MANDATORY pre-enrollment (Matriculation) call with one of our specialists.
During this call, we will discuss on detail: The content of the program, the deliverables, the different payment terms, travel details and any other concerns candidates may have. We do not accept any participant in our programs without having a one-on-one matriculation call.
The purpose of this call is to mutually decide if it is feasible to work together or not. If at the end of the call we reach an agreement and we decide to move forward, the next step on the enrollment process is to make a NON-REFUNDABLE DEPOSIT, and agree on the payment plan that is more convenient to you.
Reaching verbal agreement for payments during the call will be considered binding for both parties. Changing your mind at this point, will be considered a breach of the agreement and YOU will forfeit your deposit.
We understand that “life happens” and it is possible that you cannot participate in the event we agreed, for this reason, we will gladly honor the already paid deposit in case you decide to participate in any of our future events.
Your deposit is valid for 365 days from the day of payment, after that date, you will forfeit that deposit. NO EXCEPTIONS!
Price Difference: If there is a price difference between the event you could not participate in and a future event, you will be notified and you will need to renegotiate your payment terms with us.
Installment Payments & Cancellations: Our programs are limited in capacity. For this reason, the moment you enroll by paying your NON-REFUNDABLE deposit, your spot in the program will be removed from our limited inventory. For this reason, any payment done after the NON-Refundable Deposit, will ALSO be considered NON-REFUNDABLE. If you change your mind about participating in our program or you need to cancel for any reason, we will not be able to provide you with a refund.
HOWEVER, your payments will still be valid to participate in any of our future programs for 365 days.
PAYMENT PLANS:
For your convenience, we provide payment plans.
It is important to distinguish between a payment plan and a subscription.
During our pre-enrollment/matriculation call, you received an explanation of the various payment options. By choosing to participate in a payment plan, you are legally committing to the payment of the full agreed-upon amount in scheduled installments.
By making your initial installment payment, you signify your acceptance
of the installment payment plan terms. This payment serves as your
legally binding signature, confirming your full commitment to paying the
agreed-upon amount in scheduled installments.
Please note that this arrangement is distinct from a subscription and does not provide for
cancellation; you have entered into a contractual agreement to fulfill the full payment.
Please read attentively, as these are the terms and conditions governing
the payment plan, and they will also be reiterated on your installment invoices.
By signing this Payment Plan Agreement, the undersigned (hereinafter referred to as the ‘Payer’) acknowledges and agrees to the following terms and conditions:
Full Payment Commitment: The Payer commits to making the agreed-upon payments as outlined in this agreement, with the understanding that failure to do so may result in legal action to recover the full outstanding amount.
No Partial Discharge: The Payer understands that this agreement represents an obligation to pay the entire outstanding debt as specified herein. No partial discharge or release from this commitment shall be granted unless expressly agreed to in writing by both parties.
Legal Recourse: In the event of non-payment or default on any payment as specified in this agreement, the Payee reserves the right to pursue legal remedies to recover the full amount owed, including but not limited to seeking a court judgment and associated collection costs.
RISK & BENEFIT: Prior to any of our programs, a monumental amount of work is done by the team of Speak Internationally. Hiring multiple venues, photographers, film-makers, etc. Is VERY costly and time consuming. We rely on having a maximum of 30 participants per event in order to make these events possible. This is the reason WHY we have a strict cancellation policy.
Our intention is NOT to be “inflexible” or “difficult” yet the RISK is too high for us to operate in any other way! Thanks for your understanding.
Non-Refundable Deposit or installment payments Charge-back or Disputes: Immediately after we receive your $250 deposit, one of our 30 allocated seats for this event will be removed from our inventory. Please understand that finding a replacement participant after your sudden change of mind becomes a logistical challenge and will represent an unexpected cost for us. After all, we are counting on the FULL payment of your tuition!
For this reason, we DO NOT offer any refunds on deposits. During our call, you have been told your deposit is non-refundable. There is also a link to our T&C’s page on the URL where you paid your deposit. Plus a link to our T&C’s page on the invoice page for your deposit. It is YOUR responsibility to READ these terms and conditions. We cannot be held liable IF you do not read our terms and conditions.
If you feel our Terms and Conditions are “unfair”, please think of the effort that was put it getting you to enroll on any of our programs. Please understand YOU HAVE NOT LOST YOUR DEPOSIT, your deposit is good for 365 days.
We ALWAYS think WIN-WIN! We OF COURSE want YOU to participate in our event, IF you decided to change your mind, it is understandable, however please understand you are breaching our agreement.
We understand when a customer believes the merchant has intentionally deceived them, they’re unlikely to turn around and contact that merchant to resolve the issue. They’re more likely to assume that the merchant was intentionally dishonest and would only lie or stonewall them if they ask for a refund. Therefore, they take their problem straight to the bank instead.
In your case, one of our experts has spent with you a minimum of 90 minutes on a one-on-one matriculation call. You know exactly how to contact us and we will ALWAYS be responsive to your queries within a reasonable period of time. For this reason, it should be EXCESSIVELY CLEAR we have no intention to deceive you, lie to you or stonewall you.
Friendly Fraud: Before initiating a charge-back or a dispute with your bank, Paypal or your credit card company, please understand that ‘changing your mind’ is NOT a legitimate reason to initiate a charge-back. Cardholders can only legitimately dispute a charge when they’re the victim of true fraud, or when they didn’t get the product or service they paid for and the merchant is unhelpful or unresponsive. Neither of these 3 cases is applicable to you! Therefore, IF you proceed and initiate a charge-back against us we will interpret this act as a deliberate fraud perpetrated by you against us.
There is NOTHING friendly about charge-back fraud: Be aware that merchants can take customers to court over fraudulent charge-backs, and many jurisdictions will pursue criminal charges for charge-back-related fraud.
Think Twice before submitting a charge-back: Be aware, we will always fight friendly fraud charge-backs. Not only to win back our revenue, but to discourage this bad behavior. If a customer files a friendly fraud charge-back and gets away with it, they’re likely to do so again, either with us or with a merchant that has not blacklisted them.
Our team of lawyers has taken 2 individuals who filed friendly fraud charge-backs against us into civil court and both of these individuals LOST. In fact, one of them ended up facing serious legal consequences in the criminal court also. It is NOT worth it.
If after reading this information, you still feel you are entitled for a refund, please contact us directly and we will be happy to entertain the possibility of finding a WIN-WIN solution.
EVENT TERMS & CONDITIONS
Participant Behavior: Every participants in our events is expected to behave professionally prior, during and after the event.
Here are the guidelines we consider as professional behavior:
A) Participants must show up on time to all activities prior, during and after the event.
B) Participants will need to process their payments for whatever it is that is not included in their packages on a timely manner.
C) Our vendors, partners, contacts and service providers are there to enhance the experience. Participants are not allowed to set side meetings with them or demand any of their services or help without previous agreement of Ernesto Verdugo.
D) Participants must be respectful with timings and spot allocation for creating their assets. If a 10 minute video recording session has been allocated to them. they need to use that specific timing. if a retake is required, they will need to wait their turn.
E) The Facebook/Whatsapp or any other platform we decide to use to communicate as a group is considered a digital extension of the event. No self promotion, or abusive behavior will be tolerated.
F) Any participant can be ejected from the communication group for unappropriated behavior. Being ejected from the group means that you are no longer in good standing with the event organizers. Please avoid being ejected. By being ejected from the event communication group you lost every right to your assets or participation and you are not entitled for any kind of refund.
G) Alternative Meetings: As a participant, you are requested not to orchestrate, organize or host alternative activities that will segregate our groups. We work very hard organizing activities. For this reason, organizing alternative activities conflicting with our agenda is highly discouraged and not appreciated. If costs are incurred by Ernesto Verdugo and/or Speak Internationally or any of our partners and associates, for sudden no-show or last-minute cancellations, whoever organized this alternative activity will be responsible for those expenses and will be ejected from the event immediately loosing any right to any refund or assets.
H) Entitlement and/or Arrogance: Please understand our experts reserve the right to point out unacceptable behavior. They will Inform the offender that his/her attitude will not be tolerated. Even if there are no definitive violations of program rules and regulations. If a general aura of stubbornness, difficulty, resistance and disruption is indeed present, the offender will be asked to leave the program loosing his/her rights to their assets and there will be no refunds.
Liability Waiver: Under no circumstances will Promoter(s), affiliate(s), associate(s) or 3rd party service providers can be held liable for Buyer’s injury or death or any loss or damage of personal belongings resulting from participation in the Event(s). Buyer hereby releases Promoter, Ernesto Verdugo and their officers, affiliates, employees, interns, contractors, sponsors and representatives from any and all liability to his or herself and their personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Participant’s property and for any and all illness or injury to Participant’s person, including death, that may result from or occur during Buyer’s participation in the Event, whether caused by negligence of the Promoter or its representatives.
Health-Related Issues: Participant agrees to notify Promoter if he/she has any medical or psychological conditions that may hamper them from fully and healthfully participating in the Event(s) and acknowledges that the Promoter retains the right to ask them not to participate in portions of or the entirety of the Event. Participant acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of participation in the Event including any emergency medical treatment. The promoter does not give legal or financial advice and under no circumstances will be held liable for financial results or lack thereof.
Liquidated Damages and Non-Disparagement. : In case a participant is ejected from an event or from our event communication group regardless of the platform we decide to use, for disrespectful behavior, the participant (you) agree not in any way disparage, defame or slander Speak Internationally or Ernesto Verdugo in any way: Verbal, written or digital.
This means, you’re not allowed to make any oral or written statement intended or reasonably likely to disparage or otherwise degrade our reputation in the business or legal community.
Participant understands that the decision to eject a participant is ONLY for being disrespectful or not conducting themselves on a professional manner. For this reason, participants ejected will be liable to a payment of $5,000 to Speak Internationally and/or Ernesto Verdugo on compensatory damages for emotional distress for every instance for up to four years from the date of their ejection or breach of the agreement.
CANCELLATIONS & REFUNDS FOR OTHER SERVICES:
Consulting Calls: As part of our services we provide one-hour one-on-one consulting calls to support you achieving your goals. These Consulting calls are NOT included on your event tuition and they have a minimum cost of $200 PER HOUR (Not per call.) In case the call takes longer that 60 minutes, it is at the discretion of our consultants to charge you for the over time or not.
Normally, we are very flexible with “overtime” and we provide at no extra cost an extra 10 to 20 minutes of consulting time. IF the call takes longer than 80 minutes, you as a consulting client become automatically liable for the cost of the FULL hour, even if the call lasted less than 2 hours.
If you purchased a block of 3, 6 or 10 hours of consulting, and you decide NOT to use them all, you are entitled for a refund for the hours you did not use, as long as the refund request is within the first 30 days after your purchase.
Partial refunds are based on 60 minutes of consulting. This means, that you will ONLY be refunded for the one-hour increments you did not use. AGAIN: Our consulting sessions are based on an HOURLY rate not on a ‘PER CALL’ basis. You could have a 2 hour call and that will be billed at a minimum of $200 per hour ($400) or you could have 2 calls of 60 minutes. It is entirely up to you how you use the consulting time you purchased.
In case of any dispute, please understand we will provide evidence to the credit card company, that the call lasted longer than 60 minutes and you will be liable for any time our consultants spend with you after the agreed 60 minutes. At any given time, after 80 minutes of consulting time, at the discretion of our consultants, they are entitled to claim the FULL hour if so they see fit.
It is your responsibility as a consulting client to keep an eye on the clock. If you see you’re approaching the agreed 60 minutes of consulting, let our consultants know that you acknowledge that the 60 minutes are about to expire. In most cases, our consultants will be supportive and will provide an extra 20 minutes of consulting at NO EXTRA COST, however if you do not acknowledge the fact that your 60 minutes are almost over, our consultants will gladly spend more time with you however you will be billed for a second hour.
YouTube Advertising Set-Up . It should be noted that there is always an inherent risk that the content may not perform well through paid advertising, and in such cases the company cannot be held responsible for the watch time not being accrued.
It is important to understand that all investment in advertising is final and non-refundable, as advertising platforms do not offer refunds for invested funds. However, in rare cases where poor performance occurs, we are committed to providing extra consulting time to clients as compensation.
It should be noted that our company has a successful track record of increasing watch time for hundreds of channels with a 90% success rate, but it is important to understand that YouTube’s policies are subject to change and the watch time requires people actually watching your videos.
If your videos are not engaging, the company cannot be held responsible for this. It is important to note that no advertising can ever be guaranteed to be successful, and the company does its best to set up ads correctly and achieve success in campaigns, but there is always a chance that they may not perform as expected.
Due to these unpredictable factors, we cannot offer refunds on these services, but it will be happy to provide additional support in the form of consulting time to help clients achieve success on the platform.
Asset Delivery: You understand that our standard RAW asset delivery deadline is 90 days after the last day of an event. There is a good possibility RAW assets will be delivered before 90 days. RAW Assets will only be delivered to you is we have received your FULL payment.
You understand we have 2 kinds of assets: Raw Assets and Processed Assets. Raw Assets are: Loose pictures, recordings (B-roll), videos, etc. Processed assets are: A complete Speaker Media Kit or any kind of reel on which the raw assets will be used.
You understand and agree, none of our packages include a DONE-FOR-YOU OPTION. In case you would like our team to do the originally intended work for you, we will gladly accommodate this request at a price of $75 an hour and not to exceed $1000. This means that we can do your mock-up with you or we can write your voice over at the previously mentioned prices.
You understand you have a time frame of 6 months after the event to finalize the creation of your processed assets. After that time, there will be an automatic 75% price increase to avoid conflicting with our staff schedules and timings. (No exceptions)
Website Creation and Reel Creation Deadlines: You understand and agree that you have 6 months to finalize the creation of your website and reel. These 6 months will begin the following day after the last day of the event in which you participated.
Digital Asset Storage: Speak Internationally will keep a digital back-up of all your RAW assets for 365 days after the end of the event in which you participated. After 12 months, Speak Internationally cannot be held responsible for providing you with a digital copy of your assets. (We recommend you download your assets immediately to avoid loosing them.)
Website Hosting & Permissions: For the creation of your Media Kit, we will be using a platform called WEBLIUM. Our Proprietary $15,000,000 template was developed on WEBLIUM. Hosting is NOT included on your package and needs to be paid separately. Because we are buying WEBLIUM accounts in bulk we have a better price than what they offer on their website. ($8.95 a month or $15 if paid MONTHLY). There is also and administrative set-up fee which is NOT included in your package either. If you prefer to develop your website on WORDPRESS, we offer you that possibility also, however there will be a developer’s fee of $500 and you must agree to provide our developers temporary access to your REGISTRAR through your MAIN account.
If you decide to use WordPress for the development of your website, you MUST provide our developers with temporary access to your main hosting account. If you do not agree providing temporary access to your main hosting account, you will automatically forfeit the rights to use our copyrighted template. To be clear: We are NOT responsible for delivering WordPress files to you, UNLESS our team installs the files on your server. (This clause was amended October 21, 2022)
Web design: You understand that creating your media kit website using our proprietary design, syntax and text (regardless of the language) requires a license. You are NOT allowed to copy our design, our framework or our website syntax without purchasing a license. The License cost is included in your FULL package fee. If you decided to participate in our event and you simply copy our template design, you will be infringing on a copyright violation. (NO EXCEPTIONS)
Our team of lawyers will send you an official “Cease and Desist” letter.
With this, you will be formally notified that you must remove our design/framework/syntax from your webpage or face impending legal action.
Be advised that under section 512 of the The DMCA we will start the “notice and take-down” procedures required immediately, and file a copyright complaint with Google. Be advised that 9 out of 10 times, Google decides to remove or disable infringing content or terminate the subscribers.
Please understand our design/framework and syntax are registered at the www.dmca.com (Digital Millennium Copyright Act) and we will prosecute legally any kind of plagiarism. Plus our lawyers will file a copyright complaint with Google. If you do not have our license.
DON’T COPY IT! Save yourself the hassle by purchasing a license from us.
Be advised, we use multiple content detection and web design monitoring tools that will eventually find our proprietary design
Be also advised: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each instance or work infringed.
Infringer pays for all attorneys fees and court costs. 3rd party contractors will be liable for statutory damages of up to $5000 per infringing sold item plus the attorneys’ fees and the Ross & Mathews Law firm will request a court order to destroy every copy of our copyrighted material and issue a restraining order and injunction to force them to immediately shut down their website at any time without sending them a cease and desist letter before suing them.
Force Majeur (Clause added March 16, 2020) (Asset Delivery and Production): Speak Internationally will not be responsible for any delays caused to the extent beyond its reasonable control during: Acts of God, accidents, riots, war, terrorist acts, epidemics, pandemics, quarantines, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosions, generalized lack of availability of raw materials or energy. Speak Internationally will resume delivery as fast as possibly not to delay the production of raw or processed assets. Note: The 6 month clause referring to the creation of assets will have an extension of 30 days from the moment Speak Internationally re-starts production.
Packages and Payment Terms:
We normally offer 2 ways of participation in our events:
1. EVENT ONLY (A la Carte) (No Assets Included)
2. EVENT & Assets (Business & First Class) As per our Price Chart: (click here to see chart)
If you ONLY purchased the Á La Carte Package, assets can be purchased separately at the FULL retail price mentioned on the left side of the above mentioned chart.
If you decided to purchase a package and you want to receive your FULL set of assets, you will need to pay your FULL package in advance. Please understand we will not release ANY assets until we are fully paid and if we agree in accommodating your payment terms, you need to be respectful on the fact that you ordered a package. Again, NO ASSETS will be released until we are FULLY PAID. IF you want to receive your assets prior to the time your project has been finished, the ITEM price will be applied to each an every one of the assets you purchase.
We hope you can understand this pricing structure, We cannot release assets at “package” price and then not be fully paid for what it was agreed. Thank you.
Extra Services & Maintenance: None of our packages include: Website optimization, SEO (search engine optimization), mobile optimization, video ranking, thumbnail creation, secure hosting conversion, changes or service after delivery.
We offer two webmaster options for you:
By registering to participate in any of our events, you understand we cannot be responsible for third-party media outlets. It is possible we list a media organization as part of one of our events in our marketing materials and suddenly they decide to cancel or postpone their participation.
We will do everything possible to get alternative media to make sure we fulfill our promises to you. Most of these media outlets will offer us alternative dates and depending on the importance of these media corporations we will consider re-scheduling an event in accordance with the majority of our participants.
Please understand we want to offer you the best possibilities to create your promotional assets and we take these decisions very carefully.
Same circumstances apply to event venues. Due to the nature of the venues we offer, sudden cancellations can happen and we (the”Promoters”) accept no liability or responsibility.
Having this in mind, please understand that our events can be postponed up until 4 weeks prior to the event.
It is recommended that you do not purchase transportation or hotel accommodations before 28 days prior to the event. At that point our dates are FINAL and they will not be changed or moved to accommodate media participation or venue confirmations. These unforeseen changes of date and/or postponements are NOT a reason to grant refunds of any kind. In case the new dates are not suitable to you, we offer other alternatives. We will do all possible to assist you and we expect your flexibility in return.
Travel Arrangement and Hotel Accomodations:
NONE of our packages offers air transportation or hotel accommodations. The event fee covers ONLY your event participation. (Unless otherwise agreed in advance).
You are NOT obliged to stay on the assigned hotels. In most cases, we will NOT negotiate group prices because our groups are small.
Meals & Activities:
Ocassionally we include a meal or drink, however in most cases all extra expenses must need to be paid directly by you. In some cases, we will arrange “group fees” for various activities. If this is the case, you must contribute to cover the expenses if you want to participate on the activity.
If you decide not to participate in the activity, you MUST inform our staff as soon as the “group price” has been mentioned to the group.
Ground Transportation: Please understand you are responsible for all transportation from and to the selected venues. Sometimes, for your convenience we will provide transportation, however it is the exception not the rule. We will provide for you multiple options to fit your budget.
DISCOUNTS, PROMOTIONS & PARTIAL PAYMENTS
Discounts or Promotions: Sometimes we offer discounted participation in our events. By registering to participate on any of these promotions, you understand these special prices and arrangements are non-refundable and in some cases cannot be applied to another event. If you fail to participate on the event that was offered to you at a discount, you can participate on a future event by covering the difference between the discounted price and the non-discounted price offered for the following event. No exceptions
Barter Exchanges: Occasionally we offer to do a barter exchange with other service providers. The barter agreement is binding for both parties to deliver whatever was decided to be exchanged even if this agreement is not on written format. Whoever has not delivered what was promised and agreed to the other party is legally obliged to cover the costs plus a 10% extra to the affected party.
Promotional exchanges and possible JV partners participation: In occasions, we decide to allow participation to potential join venture partners. Potential join venture partners need to understand that this is NOT a “complimentary participation pass”.
These events have high expenses and these expenses need to be covered. Potential join venture partners agree to promote our events and commit to at least bring 2 participants to cover their expenses. In case this is not done or accomplished. Event organizers are on their right to request or even demand payment before providing ANY assets to these JV partners
Installment Plans: We offer the option for Participants to spread their investment in any of our events across several Installments. This is done in good faith, with the expectation that buyer will meet every obligation to us — in the same way that we meet and exceed our every obligation to them.
Installment Plans ARE NOT A SUBSCRIPTION that can be cancelled. If buyer registers as a participant using an Installment Plan, we expect them to make all Installment Payments on or before their agreed upon due date. In the event Buyer’s credit card is declined for an Installment, for each Decline event Buyer will incur a $25 Administrative fee IN ADDITION to any charges that our Bank or their Bank impose upon us for the Decline.
These financial terms and conditions are applicable, the moment you initiate a transaction to obtain any of our products or services. By providing a payment via Paypal, Escrow.com, Credit card, bank transfer, Crypto-currency or any other payment method.
There are instances, payment plans will be higher that the lump sum payment. Payment plans are a convenience and you as a customer are o.k. in working with us on those rate differences.
Buyer will be responsible for any bank or credit card charges generated by any of these installment plans.
Guest and/or Discounted Participation: If you are participating in any of our events as a guest or staff or you have any special arrangement to participate and you did not purchase at FULL PRICE either one of the packages we offer on this page: Packages, or you are not a member of the Speaker Travel Club you understand AND AGREE you cannot request any kind of preferential treatment before, during or after our event. You also agree not to demand participation on any of our activities or asset creating opportunities. If there is an opportunity to serve you, we will however all our fully paid participants will have priority over you in case timings are limited.
Assets are NOT Included for Any Guest and/or Discounted Participant: If you are a guest or you have a special discounted arrangement to participate on ANY of our events, you understand and agree assets are NOT INCLUDED and will need to be purchased separately. (This Includes Speakers Travel Club Members)
Payment Plan and Program Inclusions Agreement
Participants who enroll in any of our programs utilizing a discounted payment plan must understand the specific inclusions and exclusions related to their enrollment. It is important to note that program assets are not automatically included in the discounted payment plan.
Educational Component: All participants, regardless of payment plan, will have access to the full educational content of the program.
Venues and Events: Attendance and participation in program-related events and venues are included as per the terms of the individual payment plan.
Program Assets: Participants on a discounted payment plan are not entitled to receive program assets as part of their enrollment. These assets are available, but will be provided at a nominal additional cost. Enrollment in a payment plan does not grant the participant the right to demand these assets at no extra charge.
Our goal is to maintain affordability while delivering high-quality content and experiences. However, participation in the event or educational aspects of the program does not equate to automatic eligibility for complimentary access to all program assets.
By enrolling in the program, participants acknowledge and agree to these terms. It is our commitment to provide clarity and transparency regarding the scope of services and inclusions available under different payment arrangements.
ASSET DELIVERY DATES, PROCESSING DEADLINES & DIGITAL STORAGE
IMPORTANT! PLEASE READ THIS INFORMATION CAREFULLY:
Asset Delivery: You understand that our standard RAW asset delivery deadline is 90 days after the last day of an event. There is a good possibility RAW assets will be delivered before 90 days. RAW Assets will only be delivered to you is we have received your FULL payment.
You understand we have 2 kinds of assets: Raw Assets and Processed Assets. Raw Assets are: Loose pictures, recordings (B-roll), videos, etc. Processed assets are: A complete Speaker Media Kit or any kind of reel on which the raw assets will be used.
You understand and agree, none of our packages include a DONE-FOR-YOU OPTION. In case you would like our team to do the originally intended work for you, we will gladly accommodate this request at a price of $75 an hour and not to exceed $1000. This means that we can do your mock-up with you or we can write your voice over at the previously mentioned prices.
You understand you have a time frame of 6 months after the event to finalize the creation of your processed assets. After that time, there will be an automatic 75% price increase to avoid conflicting with our staff schedules and timings. (No exceptions)
Website Creation and Reel Creation Deadlines: You understand and agree that you have 6 months to finalize the creation of your website and reel. These 6 months will begin the following day after the last day of the event in which you participated.
Digital Asset Storage: Speak Internationally will keep a digital back-up of all your RAW assets for 365 days after the end of the event in which you participated. After 12 months, Speak Internationally cannot be held responsible for providing you with a digital copy of your assets. (We recommend you download your assets immediately to avoid loosing them.)
Website Hosting & Permissions: For the creation of your Media Kit, we will be using a platform called WEBLIUM. Our Proprietary $15,000,000 template was developed on WEBLIUM. Hosting is NOT included on your package and needs to be paid separately. Because we are buying WEBLIUM accounts in bulk we have a better price than what they offer on their website. ($8.95 a month or $15 if paid MONTHLY). There is also and administrative set-up fee which is NOT included in your package either. If you prefer to develop your website on WORDPRESS, we offer you that possibility also, however there will be a developer’s fee of $500 and you must agree to provide our developers temporary access to your REGISTRAR through your MAIN account. (This Clause was amended on October 21, 2022)
If you decide to use WordPress for the development of your website, you MUST provide our developers with temporary access to your main hosting account. If you do not agree providing temporary access to your main hosting account, you will automatically forfeit the rights to use our copyrighted template. To be clear: We are NOT responsible for delivering WordPress files to you, UNLESS our team installs the files on your server. (This clause was amended October 21, 2022)
Web design: You understand that creating your media kit website using our proprietary design, syntax and text (regardless of the language) requires a license. You are NOT allowed to copy our design, our framework or our website syntax without purchasing a license. The License cost is included in your FULL package fee. If you decided to participate in our event and you simply copy our template design, you will be infringing on a copyright violation. (NO EXCEPTIONS)
Our team of lawyers will send you an official “Cease and Desist” letter.
With this, you will be formally notified that you must remove our design/framework/syntax from your webpage or face impending legal action.
Be advised that under section 512 of the The DMCA we will start the “notice and take-down” procedures required immediately, and file a copyright complaint with Google. Be advised that 9 out of 10 times, Google decides to remove or disable infringing content or terminate the subscribers.
Please understand our design/framework and syntax are registered at the www.dmca.com (Digital Millennium Copyright Act) and we will prosecute legally any kind of plagiarism. Plus our lawyers will file a copyright complaint with Google. If you do not have our license.
DON’T COPY IT! Save yourself the hassle by purchasing a license from us.
Be advised, we use multiple content detection and web design monitoring tools that will eventually find our proprietary design
Be also advised: Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each instance or work infringed.
Infringer pays for all attorneys fees and court costs. 3rd party contractors will be liable for statutory damages of up to $5000 per infringing sold item plus the attorneys’ fees and the Ross & Mathews Law firm will request a court order to destroy every copy of our copyrighted material and issue a restraining order and injunction to force them to immediately shut down their website at any time without sending them a cease and desist letter before suing them.
Force Majeur (Clause added March 16, 2020) (Asset Delivery and Production): Speak Internationally will not be responsible for any delays caused to the extent beyond its reasonable control during: Acts of God, accidents, riots, war, terrorist acts, epidemics, pandemics, quarantines, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosions, generalized lack of availability of raw materials or energy. Speak Internationally will resume delivery as fast as possibly not to delay the production of raw or processed assets. Note: The 6 month clause referring to the creation of assets will have an extension of 30 days from the moment Speak Internationally re-starts production.
Packages and Payment Terms:
We normally offer 2 ways of participation in our events:
1. EVENT ONLY (A la Carte) (No Assets Included)
2. EVENT & Assets (Business & First Class) As per our Price Chart: (click here to see chart)
If you ONLY purchased the Á La Carte Package, assets can be purchased separately at the FULL retail price mentioned on the left side of the above mentioned chart.
If you decided to purchase a package and you want to receive your FULL set of assets, you will need to pay your FULL package in advance. Please understand we will not release ANY assets until we are fully paid and if we agree in accommodating your payment terms, you need to be respectful on the fact that you ordered a package. Again, NO ASSETS will be released until we are FULLY PAID. IF you want to receive your assets prior to the time your project has been finished, the ITEM price will be applied to each an every one of the assets you purchase.
We hope you can understand this pricing structure, We cannot release assets at “package” price and then not be fully paid for what it was agreed. Thank you.
Extra Services & Maintenance: None of our packages include: Website optimization, SEO (search engine optimization), mobile optimization, video ranking, thumbnail creation, secure hosting conversion, changes or service after delivery.
We offer two webmaster options for you:
Asset Delivery Control: Please understand Ernesto Verdugo/Speak Internationally is NOT in control of the video or photography assets created by 3rd party contractors. If a 3rd Party contractor, breaches their 90 day delivery agreement and/or decides to change the delivery conditions and/or hold video footage or photographic content hostage, Ernesto Verdugo and/or Speak Internationally cannot be held responsible.
Indemnification: Any 3rd party contractor working in our events agrees to assume FULL responsibility and liability for all financial damages caused by late delivery of the assets they were hired to create.
If or when 3rd party contractors fail to deliver on time the assets promised to our participants, 3rd party contractors agree to indemnify, defend, and hold harmless Ernesto Verdugo and/or Speak Internationally from and against any loss, cost, or damage of any kind (including attorneys’ fees, disbursements paid or incurred to enforce the provisions of this paragraph) to the extent arising out of its breach of this Agreement, and/or its negligence or willful misconduct including, without limiting the generality of the foregoing, claims for which Ernesto Verdugo and/or Speak Internationally may, or may be claimed to be because of any delay or lack of delivery of any video footage or photographic assets.
Note to participants: By participating on any of our events, you understand and agree that Ernesto Verdugo and/or Speak Internationally cannot be held responsible for the professional conduct of 3rd party contractors. In case a 3rd party contractor fails to deliver your purchased assets because of negligence, willful misconduct or any other reason, after 9 months you will be offered the opportunity to participate on any of our future events at no cost.
Because every full or partial payment for a service provided by our 3rd party contractors becomes non-refundable after 7 days of purchase. In case 3rd party contractors cannot deliver promised assets for any reason in the agreed period of time, you will be offered the opportunity to record those assets again in another location at no cost.
Class Action Waiver: By participating in any of our events, you understand and agree that any claim you may have against Ernesto Verdugo and/or Speak internationally, in reference to the lack of delivery by a 3rd party contractor shall be brought individually after 9 months of the last day of the event you participated in. As mentioned in the paragraph above, you will be offered the possibility to participate in a future event at no cost. For this reason, you agree not to bring, join, participate or take part in any class action against us.
In case a group petition (complaint) is filed against the 3rd party contractors who did not deliver their assets, affected participants will be notified in case they want to participate in the group lawsuit.
Permission to record and use of assets: By participating in an Event, including but not limited to being present at any of our venues or activities participating either by voice, video or both in the pre-event or post-event Live Group Webinars, mastermind sessions or group and consulting sessions or by sharing, submitting any written material, ideas, forms, adaptive work and/or photographs, you grant to promoter and its partners, associates, affiliates, consultants, and/or presenters the right to record your image, likeness, identity, demeanor, and you further grant to them an irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, repurpose, and promote this content in any medium without any compensation.
Once you participate in the Event in any way, you expressly waive any right you may have to inspect or pre-approve the use of your likeness, image, and/or name. You will not be compensated for any such use.
The Promoter and its partners, associates, affiliates, consultants, and/or presenters own all right, title to, and interest in any compilation, collective work, and/or other derivative work created by the promoter using or incorporating content created during the event.
These terms of use are irrevocable and by participating on any filming or recording day during one of our events, you agree on these terms regardless if there is no written agreement. In case you do not agree with these terms you are obliged to refuse the use of that footage prior to the event. No exceptions.
Use of personal cameras, recording devices: Personal photo cameras, video cameras, telephone cameras, recording devices and any electronic device that can reproduce images, video or audio are not allowed in any of our venues or activities unless promoters provide written permission.
Copyright Infringement: You understand and agree that every video or picture recorded or taken during any of our events by a 3rd part contractor belongs to Ernesto Verdugo and/or Speak Internationally or subsidiaries UNTIL they are delivered to YOU by US. After WE deliver it to you, the rights belong to YOU but we can still use the footage for promotional purposes of our events. 3rd party contractors have no right to any photographic, audio or video footage material.
Therefore, they have no right WHATSOEVER to sell or barter it in any way to you without our written consent. If they offer it, please inform us to avoid being penalized by copyright infringement.
3rd party contractors are simply hired to create these assets. In the past, abusive 3rd party contractors have attempted to sell the footage recorded in our events to our event participants without consent of Ernesto Verdugo/Speak Internationally. This was done in bad faith and the act was a clear breach of agreement between Ernesto Verdugo and/or Speak Internationally and the 3rd party contractors in question.
If you as a participant agree to purchase, obtain, barter, exchange or receive your assets directly from our 3rd party contractors without our consent, YOU will also be in violation of our terms and conditions and you will automatically void your rights to use these assets on your marketing because of copyright violations.
Under these circumstances, requesting a charge-back or a refund under instructions of the 3rd party contractors or with the intention of obtaining your footage illegally will be considered fraud and you will be prosecuted.
Immediately after those assets are found in use on your website or any web platform, you will receive a cease and desist letter from our law-firm: Ross & Mathews located at: 3650 Lovell Avenue, Fort Worth, Texas 76107 and you will have 48 hours to remove any asset from any marketing material, webpage or platform.
Correct Asset Use And Permissions: You will receive exact instructions on how your marketing assets can be used. During the Speak internationally Events, we film and take pictures in many locations like: The Google Offices, the Linkedin Offices, NASA, Heineken, The Burj Al Arab, etc. You are allowed to show your footage in any of these places however it is NOT allowed to claim that you were invited by any of these organizations as a speaker nor it is allowed to say or claim that you have trained or spoken for these organizations.
Any incorrect use of the produced assets can provide legal problems for you. On a legal claim, we will deny that you were invited by us or through us to this organizations and will single you out of using and abusing this assets. We will not accept any kind of responsibility if a legal matter be generated for the wrongful use of these assets.
Again; NONE of these organizations nor Speak internationally has endorsed you as a speaker. you understand that these assets were only created for Marketing purposes and YOU ARE NOT ALLOWED to claim any kind of endorsement whether explicit or implicit by any of these organizations and if there will be a fine or lawsuit against you because of the wrongful use of these assets, you accept and agree that neither Ernesto Verdugo or Speak Internationally Events or any of our partners or vendors are liable in any way shape or form and you will accept any financial and legal responsibility for the wrong use of the marketing assets created with us.
Assets created on a “Controlled Environment”: By participating in any of our events, the participant understands and acknowledges the fact that most of the video and photography shoots will take place on a “controlled environment”.
This means these shoots are in most ocassions rehearsed on a “mock” environment. Speak Internationally, Ernesto Verdugo or any of our partners and subsidiaries are providing the film making on “controlled environments” and we never offer film making to happen on uncontrolled environments.
If you are NOT in agreement to act, rehearse and participate on “mock” filming with the purpose of creating professional marketing assets, please do not participate on these events.
1. If you are invited to participate at any of our events as part of the “event team” (JV Partners/Faculty/Staff/3rd Party Providers) and you accepted, you aknowledge, understand and agree that you will participate on the event on a 100% volunteer basis. This means that you cannot expect or demand any kind or monetary compensation (Unless agreed otherwise)
2. You understand and agree these events are considered “high-ticket”. ALL of our participants are considered V.I.P, hence we expect you to treat them with respect and be a humble leader.
3. You also understand and agree, Ernesto Verdugo and/or Speak Internationally and subsidiaries have done a monumental effort to make the event happen.
4. Ernesto Verdugo and/or Speak Internationally have given you the GREAT opportunity to be at this event, you understand and agree that you must be grateful to them and under no circumstances feel “entitled” or behave arrogantly as this event would have happened even if you were not there.
5. Not because you are part of the event team means that we endorse you or your products (Unless we explicitly endorse you).
You are expected to be there to support the event and you should expect absolutely no kind of compensation (unless previously agreed) . This is a HIGH TICKET event and you are participating as a guest!
Monetary Compensation: It is NOT allowed to request any sort of monetary or non-monetary compensation during or after the event if this was not agreed in advance.
Other Expenses Before and During the Event: As an event “team member”, you are responsible for your air transportation and hotel accommodations (unless previously agreed with event organizers).
During the event, you are responsible for your own meals, transportation and any other expense that was NOT agreed with you in advance. In case there are activities that incur costs for regular participants, you are also required to cover those expenses.
Promotions or Feedback from our Participants: NO JV partner, faculty member, 3rd party contractor or volunteer staff is allowed to solicit feedback or promote their products or services with our participants during the event or up to 9 months after the event without written consent from Ernesto Verdugo or any of the other event organizers.
Offering your products at any time during the period mentioned above, will be considered a breach of agreement and you will be immediately ejected from our event or Facebook group.
Soliciting feedback on your performance as a coach, mentor or teacher needs to be done in conjunction with the event organizers to avoid misinterpretations, misrepresentations or simply to avoid controversy.
If you intend to run a survey or promote your services to any of our participants, you must obtain a written agreement from the event organizers, failing to do so, will make you liable for a marketing misrepresentation fee of $5000 or 50% of the total cost of the sale if there was a product sold without authorization.
TO BE CLEAR:
1) It is not allowed to “recruit” our customers for your Multi Level Marketing opportunity (unless agreed)
2) It is not allowed to offer paid coaching, mentoring, help, guidance, therapy or any other service in exchange for money.
3) It is not allowed to ask any participant to fill out an “opt-in form” and/or provide a gift in exchange for their email.
4) It is not allowed to solicit our customers via telephone, messenger, e-mail, Facebook, Instagram, Linkedin or any other communication platform including whatsapp and SMS for 9 months after the last day of the event.
Please understand that NOT because they agreed to become a “social contact” that gives you the right to offer them your services. You were introduced to them as part of the Speak Internationally Team and for this reason you are not allowed to offer your services with our consent for 9 months.
Any breach of agreement on this clause will be considered an intentional dishonest act by not fulfilling the contractual obligations. And any revenue generated from the relationships created between you and our participants will be considered commissionable by 50% of the sale up to 9 months after the end of the event regardless if there is a written agreement or not.
Note to Participants: In order to provide our services at a competitive rate, we have to hire 3rd party contractors. Having full time photographers or film makers will raise the cost of our events 5 to 6 times, for this reason we see no better option than keep using 3rd party providers.
This option, offers a benefit and a risk. The benefit is: prices can be lower, but there is always the risk 3rd party contractors can have lower ethics or work standards than what our organization offers.
By participating at any of our events, you understand and acknowledge that 3rd party contractors/providers (mainly photographers and film-makers) are NOT employed by Speak Internationally and/or Ernesto Verdugo. And you also agree, to work with them for the sake of keeping costs low.
You also understand, we cannot be held liable for the business practices of these 3rd party providers. Obviously we will submit them to a vetting process before hiring them, yet that is NO GUARANTEE they will deliver every time as promised.
Hold Harmless Clause: For this reason, you as a participant agree to hold Ernesto Verdugo and/or Speak Internationally harmless against any situation arising from hiring 3rd party providers including but not limited to charge-backs, refunds, or legal action.
As a participant at any of our events, you understand that Speak Internationally will offer you other possibilities in case a 3rd party contractor does not deliver as promised and you also agree that 3rd party delivery issues are NOT grounds for providing a refund or creating a charge-back.
3rd Party Contractors: When you agree to participate as a 3rd party contractor at any of our events, you are responsible for air transportation and hotel accomodations (unless you have a written agrement with organizers). Speak Internationally will be happy to work with you to obtain sponsorhip possibilities, however as we cannot guarantee the sponsorship, you are ultimately responsible for all your expenses. During the event, you are also responsible for your own meals, transportation and any other expense that was NOT agreed with you on a written form in advance.
By agreeing to participate as our 3rd party contractor you agree to deliver every asset in your possesion no later than 90 days after the last day of the event to avoid penalties.
Payment Terms: Payment for any asset will be upon delivery of the asset. Any advance payment will need to be agreed in advance and should not exceed the recommended legal maximum of 33% of the individual cost of each asset.
Rights Release: By accepting our invitation to film and/or photograph our events, you automatically and irrevocably grant Ernesto Verdugo and/or Speak Internationally the economic rights and waive the moral rights to any picture or video you create or record during our events. You retain the attribution rights and also waive the rights to any royalties or other compensation araising or related to the use of these assets. And you agree to hold harmless, release and forever discharge Ernesto Verdugo/Speak Internationally from claims, demands and causes of action which your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your state may have by reason of this release.
Contact With 3rd Party Contractors: Participants are NOT allowed to contact our 3rd party contractors to receive their assets earlier. Failing to adhere to this guideline will result in a probable denial to claim your assets. Please do not do it. Any evidence that you tried to negotiate asset delivery with our 3rd party contractors can result on a fine of up to $2500 and you will automatically void your rights to legally use your assets.
Holding Footage/Photography Hostage: When you agree to participate on any of our events, you agree not to hold video footage or photography hostage with the intention to change the conditions of our original agreement. If you do, this act will be considered hostile and in bad faith and Ernesto Verdugo and/or Speak Internationally will be entitled to initiate a class action petition or a writ of replevin action against you and your organization to recover the assets and protect all our clients without notification.
Breach. Contractor acknowledges and agrees that any breach of any provision of this Agreement shall constitute a material breach of this Agreement and shall entitle Ernesto Verdugo and/or Speak Internationally to immediately terminate this agreement. Contractor shall also be responsible to the Ernesto Verdugo and/or Speak Internationally for all costs, attorneys’ fees and any and all damages incurred by the Company (a) enforcing the obligation, including the bringing of any suit to recover the monetary loss, and (b) defending against any claim or suit brought or pursued by any of client in regard of the services the contractor was hired to provide.
In case of delayed delivery except for force majeure cases, the 3rd party provider shall pay to Speak Internationally for every week of delay a penalty amounting to 2% of the total value of the goods whose delivery has been delayed. Any fractional part of a week is to be considered a full week. The total amount of penalty shall not, however, exceed 25% of the total value of the goods involved in late delivery. In case there is any outstanding balance in favor of the 3rd party contractor, the late delivery penalty will be deducted from this payment.
Speak Internationally grants a grace period of four weeks from the delivery date before penalties shall be applied. After that grace period, Speak Internationally will have the right to cancel the agreement for any extra pending or pipeline work with this 3rd party provider. However, penalties shall continue to accumulate until assets are delivered. If assets are not delivered in full after 9 months after the end of the event, 3rd party contractors will be liable for any advance payment received and 10% interest.
Speak Internationally and/or Ernesto Verdugo are NOT responsible for any sub-contracted work by 3rd party contractors. Every 3rd party contractor working in our events has full responsibility for the cost of their sub-contractors.
Non-Disparagement and Liquidated Damages: In case Speak Internationally/Ernesto Verdugo decides to cancel an agreement and discontinue collaboration with a 3rd party provider, they (3rd party provider) agrees that it shall not in any way disparge, defame or slander Speak Internationally or Ernesto Verdugo in any way: Verbal, written or digital.
The terminated 3rd party provider understands that the decision to terminate collaboration is due to delays or lack of delivery. For this reason, any breach of agreement on this specific clause by a 3rd party provider is liable to a payment of $5,000 to Speak Internationally and/or Ernesto Verdugo on compensatory damages for emotional distress for every instance for up to four years from the date of the cancelation of the agreement.
Because Speak Internationally works with 3rd party providers for video creation and photography we need to add a writ of repliving clause. In the past, Speak Internationally and/or Ernesto Verdugo has had video footage and/or photography held hostage by 3rd party providers. This situation happens when a 3rd party contractor decides without mutual agreement to change the tems of price or delivery dates of an asset and demands that you accept his/her new terms before he/she releases the footage. If this situation affects you as a participant, you might have the right at no cost to add yourself to a class action lawsuit against the 3rd party provider in question (if applicable). Or the possibility to join a writ of replevin action. Writ of replevin is a prejudgment process ordering the seizure or attachment of alleged illegally taken or wrongfully withheld property to be held in the U.S. Marshal’s custody or that of another designated official, under order and supervision of the court, until the court determines otherwise. This type of writ is commonly used to take property from an individual wrongfully in possession of it and return it to its rightful owner. In the rare case this situation will take place, you will be notified to add your name voluntarily on the list of affected participants.
This is an uncommon situation, however it is important to mention: It is a possibility that an asset can be lost, corrupted and/or damaged prior to production time. For example: A hard disk falls damaging the contents. In this situation, there is not much that can be done.
In case we cannot provide you with the video/photographic assets after 9 months of the last day of the event, you understand we cannot be responsible for corrupted, damaged or lost assets before production. We however, will provide you with an opportunity to record or create the asset during another event at no extra cost.
Morals Clause. Anyone representing Speak Internationally shall not commit any act or do anything which might reasonably be considered: (i) to be immoral, deceptive, scandalous or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with Ernesto Verdugo or Speak Internationally before, during or after an event.
Terms and Conditions Display: The Terms and Conditions for participation are included on each and every page our organization uses for marketing purposes. Besides, any time you “check-in” for any of our events, you will automatically agree to our terms and conditions for any event you get to participate. If you did not voice your disagreement to us on any of our Terms and Conditions before the end of day 1 on any event, you will implicitly and explicitly agree with each and every clause of these Terms and Conditions regardless if there is or there isn’t a written agreement. There are NO exceptions!
Amendment Clause: Our Terms and Conditions may be amended without the consent of Participants, JV Partners, Faculty Members, 3rd Party Contractors or Volunteers, for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained herein, or making any other provisions with respect to matters or questions arising under the terms and conditions for participation on any of our events; provided that such action shall not materially adversely affect the interests of the participants, JV partners, faculty members, 3rd party contractors or volunteers. Any amendment will be listed on the amendment section of this page and next to each amendment there will be the date this amendment was added to these terms and conditions. Amendments will not be retroactive. They will be, however, considered effective from the moment the amendment is added to these terms and conditions page.
Any legal matters involving Ernesto Verdugo and/or Speak Internationally will be handled by
Ross & Mathews Attorneys. Located at: 3650 Lovell Avenue, Fort Worth, Texas 76107.
Copyright 2020, Speak Internationally. All Rights Reserved