PODCAST SPEAKER/GUEST AGREEMENT
Name of Event: The Vagina Blog Podcast
Compensation: Volunteer/No Compensation
PURPOSE OF THE AGREEMENT
Guest has kindly agreed to come on to The Vagina Blog Podcast. Podcaster invites Guest onto its platform, according to the terms of this Agreement.
Appearance: Podcaster shall provide Guest with the following
- A link to the Finished Show Appearance that the Guest may share on his or her platform(s).
- Promotional collateral, such as social media images and newsletter graphics, etc Guest may optionally use to help him or her share the episode.
PROTECTIONS & RELATIONSHIP
Copyright Ownership: All podcast episodes are copyrighted works upon recording, owned exclusively by Podcaster pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code).
Biographical Data: The guest agrees to provide a short ‘bio’ and photograph, of which he or she owns the copyright of the same. Guest provides Podcaster with a non-exclusive, worldwide, non-revocable license to both the bio and photograph to the Podcaster for any reasonable purpose related to the promotion and dissemination of the Podcast.
Trademark Ownership: Any and all trademarks of the respective Parties, whether registered or unregistered, remain the property of the respective Party and no rights are transferred or assigned.
Likeness: Guest expressly consents to the use of his or her likeness both on the podcast episode, on promotional channels, or any other reasonable use for or related to the Podcast.
Permitted Uses of Material(s): Podcaster grants to Guest a non-exclusive, non-commercial license of the product(s) produced with and for Guest for their business use so long as Guest provides Podcaster with reasonable attribution.
Relationship of the Parties: Podcaster and any related subcontractors are not employees, partners or members of Guest’s company or organization. Podcaster has the sole right to control and direct the means, manner, and method by which the services in this Agreement are performed. Podcaster has the right to hire assistants, subcontractors or employees to provide Guests with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations or permits. Guest is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Podcaster.
LIMIT OF LIABILITY
Indemnification: Guest agrees to indemnify and hold harmless Podcaster, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the Services provided in this Agreement.
Disclaimer and Guarantee: Podcaster disclaims and cannot guarantee any result, beneficial or not, as a result of Guest’s appearance on the podcast.
Release: Guest, at Guest’s discretion, has spent a satisfactory amount of time reviewing Podcaster’s work or past Guest appearances and has a reasonable expectation that Podcaster’s Services will produce a reasonably similar outcome and result for Guest. Podcaster will use reasonable efforts to ensure Guest’s episode is carried out in a style and manner consistent with Podcaster’s current show and recent episodes, and Podcaster will try to incorporate any suggestions Guest makes at Podcaster’s discretion. However, Guest understands and agrees that:
- Every Guest and final episode content is different, with different promotions, sound quality, and editing needs;
- Podcaster will use its personal judgment to create favorable results for Guest, which may not include strict adherence to Guest’s suggestions;
- Dissatisfaction with Podcaster’s independent judgment or individual editing style are not valid reasons for seeking any kind of legal or financial remedy against Podcaster.
Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.
CANCELLATIONS OR RESCHEDULING
Cancellation, Rescheduling of Services or No-Show Guest: If Guest desires to cancel Appearance, reschedule Appearance, or if it becomes impossible for Podcaster to host its show due to the fault of the Guest or parties related to Guest, such as failure of one or more essential parties to the appearance to provide support or documents in a timely manner, Guest shall provide notice to Podcaster as soon as possible via the Notice provisions detailed in this Agreement. Upon cancellation or unreasonable delay, the Guest will make timely and reasonable efforts to reschedule his or her appearance.
Force Majeure: Notwithstanding the above, either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the Appearance provided in this Agreement, including:
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding,
storms or infestation); or
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether
declared or not); or
- Any hazardous situation created outside the control of either party such as a
riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services: In the event Podcaster cannot or will not perform its obligations in any or all parts of this Agreement, such as in the event of an unexpected emergency, it (or a responsible party) will:
- Immediately give Notice to Guest via the Notice provisions detailed in this Agreement; and
- Attempt to find a reasonable host replacement or date; and
- If no such replacement host or date can be found, excuse Guest of any further performance and/or obligations in this Agreement.
Governing Law: The laws of Utah govern all matters arising out of or relating to this Agreement, including torts.
Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
Merger: This Agreement constitutes the final, exclusive agreement between the Parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendments: The Parties may amend this Agreement only by the Parties’ written agreement with proper Notice.
Assignment: Neither Party may assign or subcontract any rights or obligations in this Agreement without proper Notice unless otherwise provided in this Agreement.
Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.