Media Podcast Application

MEDIA PODCAST APPLICATION AND PRODUCTION AGREEMENT

Applicant Information

Podcast Project Details

Podcast Title:    Series or Episode Number:

Interview   Solo Monologue   Narrative   Panel   Other

Target Audience:    Episode Length:

Frequency:    Proposed Launch Date:

Production Services Requested

Editing   Mixing   Mastering   Post-production   Distribution Assistance

WHEREAS / Recitals

This Agreement is entered into by and between Applicant Name: and Production Company: .

WHEREAS, Applicant seeks production, editing and distribution services for the podcast described above; and

WHEREAS, Production Company represents it has the personnel, technical capacity and rights to provide the requested services under the terms set forth herein.

Payment Terms

Total Production Fee: $.

Late Payment Fee: . All fees exclusive of applicable taxes unless otherwise agreed in writing.

Term and Termination

Term Start Date:   Term End Date: .

Either party may terminate for convenience upon days' prior written notice. Production Company may terminate immediately for material breach or non-payment. Upon termination, Applicant shall pay for all services performed and costs incurred through the effective termination date; deliverables will be provided upon full payment as set forth in Payment Terms.

Confidentiality

Each party shall keep confidential all non-public information disclosed by the other party that is designated confidential or that a reasonable person would understand to be confidential, including unpublished episode materials and audience metrics. Confidential obligations survive for years following termination, except as otherwise required by law.

Intellectual Property; License

Applicant warrants that all content submitted for recording is original or properly licensed and that Applicant has authority to grant the rights set forth below. Applicant grants Production Company a non-exclusive license to record, reproduce, distribute, stream and promote the recorded episodes for the term of this Agreement unless the parties agree in writing to an exclusive license. If parties select exclusivity, check: Exclusive.

Ownership of masters: .

Representations, Indemnity and Limitation of Liability

Applicant represents and warrants that any content provided will not infringe third-party rights and will not violate applicable law. Applicant shall indemnify, defend and hold harmless Production Company from claims arising from Applicant content, except to the extent caused by Production Company's gross negligence or willful misconduct. Except for indemnity obligations and willful misconduct, neither party shall be liable for incidental or consequential damages.

Certifications and Authorizations

Applicant certifies under penalty of perjury that the statements in this application are true and that Applicant has full authority to enter into this Agreement. Applicant acknowledges that acceptance of this application by Production Company creates binding contractual obligations upon countersignature.

Governing Law; Entire Agreement

This Agreement is governed by the laws of the state specified by the parties: State of Governing Law: . Any action to enforce this Agreement shall be brought in the appropriate court located in that jurisdiction.

This Agreement, together with any written attachments or addenda signed by the parties, constitutes the entire agreement between the parties and supersedes all prior proposals, negotiations and representations, whether oral or written. Any amendment must be in writing and signed by both parties.

Attachments

Attachments included with this application (check all that apply):
Episode outline   Host bio   Music clearances   Sample audio file

Acknowledgement

Applicant acknowledges that submission of this application does not guarantee selection or commencement of production services. Production Company will evaluate and notify Applicant of acceptance in writing. If accepted, the terms herein will govern the parties' relationship unless otherwise modified in a signed writing.

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