Podcast Appearance Release Agreement

Podcast Appearance Release Agreement

This Podcast Appearance Release Agreement (the Agreement) is entered into as of between Producer: with a principal address at (Producer), and Guest: of (Guest). Producer and Guest are each a Party and collectively the Parties.

Recitals

WHEREAS, Producer produces, records and distributes a podcast program and desires to record, use and exploit the Guest's appearance, voice, performance, interview and related contributions in connection with one or more episodes of Producer's program; and

WHEREAS, Guest wishes to appear on Producer's podcast and is willing to grant Producer certain rights in Guest's appearance and contributions on the terms set forth in this Agreement; and

WHEREAS, the Parties desire to set forth their respective rights, obligations, and the consideration for Guest's appearance.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Grant of Rights

1.1 Recording. Guest hereby grants to Producer the irrevocable, perpetual, royalty-free, worldwide right and license to record, capture, reproduce, edit, distribute, publish, transmit, exhibit and otherwise exploit Guest's appearance, voice, name, image, likeness, biographical information and contributions in connection with the podcast episode(s) described as: (Episode).

1.2 Rights Included. The foregoing grant includes the right to edit, excerpt, translate, create derivative works, bundle with other works, and to use Guest's contributions in any media now known or hereafter devised, including but not limited to audio, video, streaming, downloads, social media, promotional trailers, and archival uses.

2. Ownership; No Conflicting Obligations

2.1 Producer Ownership. Guest acknowledges and agrees that all recordings, masters, mixes, edits and derivative works incorporating Guest's appearance shall be the sole property of Producer, and Producer shall own all right, title and interest therein throughout the world.

2.2 No Conflicts. Guest represents and warrants that Guest has no existing agreements, obligations, or legal restrictions that would prevent Guest from granting the rights set forth in this Agreement, and that Guest's performance will not infringe the rights of any third party.

3. Compensation

3.1 Fee. Producer shall pay Guest the amount indicated below, or if no amount is specified, Guest acknowledges that the appearance is on a non-paid basis as set forth in the checkbox selection.

No monetary compensation; appearance is voluntary.

If paid: Fee amount $ payable as follows:

4. Representations and Warranties

Guest represents and warrants that: (a) Guest is at least 18 years of age and has full power and authority to enter into this Agreement; (b) Guest owns or controls the rights granted and the use of Guest's contributions does not violate or infringe the rights of any third party; and (c) Guest will disclose any material relationship, affiliation or sponsorship relevant to the subject matter of the Episode prior to recording.

5. Release and Publicity

Guest hereby irrevocably releases, discharges and holds harmless Producer and its licensees, successors and assigns from any claims relating to the use of Guest's name, voice, likeness or biographical material as authorized herein, including claims for defamation, invasion of privacy and infringement of moral rights.

6. Confidentiality

The Parties acknowledge that certain matters discussed during recording may be confidential. Unless otherwise agreed in writing, Producer is not obligated to keep the content confidential and may publish the Episode. The Parties may separately agree in a written confidentiality addendum to restrict publication of specific information.

7. Indemnification; Limitation of Liability

Guest shall indemnify, defend and hold harmless Producer from and against any and all losses, damages, liabilities, costs and expenses arising out of any breach of Guest's representations, warranties or obligations under this Agreement or from claims by third parties relating to Guest's contributions. Producer's liability for any claim arising out of or relating to this Agreement shall be limited to direct damages and shall not include consequential, incidental or punitive damages.

8. Term and Termination

This Agreement is effective as of the Effective Date and shall continue in perpetuity with respect to the rights granted in Section 1, unless earlier terminated by mutual written agreement. Producer may cease distribution of any particular Episode at its sole discretion; termination shall not rescind any rights previously granted for material already published.

9. Notices

10. Amendments; Waiver; Counterparts

Any amendment or modification of this Agreement must be in writing and signed by both Parties. No failure or delay in exercising any right or remedy shall constitute a waiver of that right or remedy unless a written waiver is executed by the waiving Party. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

11. Governing Law; Entire Agreement; Severability

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of law principles. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. Additional Provisions

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