Podcast Guest Release Form

PODCAST GUEST RELEASE FORM

This Podcast Guest Release Agreement (the "Agreement") is made as of by and between Producer Name: and Guest Name: . The Producer and Guest are each a "Party" and collectively the "Parties."

WHEREAS / RECITALS

WHEREAS, Producer operates a podcast program and related media (the "Podcast") and desires to record, produce and distribute Guest's interview and related contributions in audio, video and derivative formats; and

WHEREAS, Guest has agreed to participate in the Podcast and to provide certain statements, stories, opinions and performances to be recorded and exploited as set forth herein; and

WHEREAS, the Parties wish to set forth the terms under which Guest grants rights to Producer and the terms for compensation, confidentiality and termination.

SCOPE OF WORK

GRANT OF RIGHTS AND RELEASE

1. Grant. Guest hereby irrevocably grants to Producer, its licensees, successors and assigns, a perpetual, worldwide, royalty-free, transferable and sublicensable right and license to record, edit, reproduce, distribute, publish, publicly display and otherwise exploit Guest's voice, image, name, likeness, performance, biographical information and any materials provided by Guest (collectively, the "Content") in connection with the Podcast and any derivative works, in any media now known or hereafter devised.

2. Release. Guest releases and discharges Producer and its affiliates from any claims, demands or causes of action that Guest may have now or in the future arising out of or in connection with the recording or use of the Content, including claims for invasion of privacy, publicity, defamation, emotional distress, or infringement of moral rights.

PAYMENT TERMS

All payments are subject to the schedule above. If any payment is not received by Producer within the time specified, a late fee as set forth above shall accrue on the unpaid balance until paid in full. Producer may withhold distribution of Content until due payments are made unless otherwise agreed in writing.

TERM AND TERMINATION

This Agreement shall commence on the Start Date: and shall continue until the End Date: , unless earlier terminated as provided herein.

Either Party may terminate this Agreement for material breach by the other Party if such breach remains uncured for the notice period above. Termination shall not affect Producer's rights to use Content lawfully captured prior to termination pursuant to the license granted herein unless the Parties expressly agree in writing.

CONFIDENTIALITY

The Parties acknowledge that during the course of preparation and recording certain confidential information may be disclosed. Confidential Information means non-public business, technical, financial or personal information specifically identified in writing as confidential. Each Party agrees not to disclose Confidential Information of the other Party except: (a) as required by law; (b) pursuant to the terms of this Agreement; (c) information that is or becomes public through no fault of the receiving Party; or (d) information already lawfully known by the receiving Party prior to disclosure.

REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

Guest represents and warrants that: (a) Guest has full power and authority to enter into this Agreement and grant the rights herein; (b) Guest's statements and contributions will not infringe or misappropriate the rights of any third party; and (c) Guest has obtained any necessary consents, releases or licenses for music, third-party content or material Guest will provide. Guest shall indemnify and hold harmless Producer from and against losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of any breach of the foregoing representations and warranties.

PUBLICITY, CREDIT AND ATTRIBUTION

Producer may attribute Guest as a participant in the Podcast and use Guest's name, title and affiliation in promotional materials. Except as set forth in writing here, Producer is not required to obtain Guest's approval for edits, promotional excerpts or marketing materials and shall have sole discretion regarding the format and timing of distribution.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state identified above, without regard to choice of law principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior negotiations, understandings and agreements, whether written or oral. Any amendment or modification must be in writing and signed by both Parties.

NOTICES

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The Parties acknowledge that this Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

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