Podcast Guest Terms and Conditions
Section 1: Opening Details 1.) The Parties: This Interview terms and conditions are understood and agreed upon by both parties:
a.) Philip Isaac, (www.electrifiedmind.com) and Host of “Electrified Mind Podcast” and any and all other “officers, associates, staff, personnel, and affiliates,” and elsewhere described in these terms and conditions simply as the “podcast host” or “Company.” b.) client/customer of Electrified Mind (as indicated by the order placed on Electrified Mind’s website) and any and all other “officers, associates, staff, and personnel” and elsewhere described in this agreement simply as the “podcast guest.”
2.) Purpose: The purpose of these terms and conditions is to grant permission for the podcast host “Philip Isaac” to interview the podcast guest(s) on one or more upcoming episodes of “Electrified Mind Podcast“ subject to the terms and conditions, including any incorporations by reference.
3.) Featured podcast guest: customer/client
4.) Consideration: In consideration for podcast guest granting permission to podcast host to conduct one
or more recorded official interview(s) intended for an audience and the delivery of a marketing tool to install on the podcast guest’s website, the podcast host and podcast guest agrees to abide by all the terms and conditions herein including all incorporations by reference.
5.) Guest understands they shall have no right of approval, no claim for compensation for their participation in the podcast resulting from these terms and conditions, and no claim including, without limitation, claims based on invasion to privacy arising out of or in connection with, any use, alteration, or use in any composite form hereunder. Podcast guest hereby warrants and represents that they have the right to enter these terms and conditions and to grant the rights granted to podcast host.
6.) The podcast guest hereby grants to podcast host, their employees, subsidiaries, affiliates, agents, successors, and assigns the non-exclusive right and permission to record, use, publish, stream live, or otherwise distribute any audio or video interview with me solely on the Electrified Mind Podcast and for such advertising purposes to promote this podcast and any and all services the podcast host offers to other clients. Such right and permission includes, but is not limited to, podcast guest’s name, recorded voice or video, photograph or likeness and biographical information. Guest agrees that podcast host may, at their sole discretion, produce presentations or publications based in whole or in part upon audio interview (or any portion thereof) and/or a video or audio recordings or photographs of said interview, and that such media or transcripts may appear in print, online, or in any manner of/or media, including but not limited to promoting the podcast and the podcast host’s services or streaming audio program.
Podcast guest hereby warrants and represents that they have the necessary rights and permission to any materials that were submitted in conjunction with the podcast, including but not limited to podcast guest’s image or likeness, copyrights, registered trademarks or slogans, nondisclosure agreements and trade secrets and podcast guest has not violated the rights of any third parties by releasing these materials to podcast host and podcast guest agrees to defend podcast host in the event of any such claims.
Podcast guest understands that they have the right to share, post and promote the podcast to whomever podcast guest sees fit, including but not limited to, social media, etc.
8.) Verbal Notice When Official Interview Begins: In addition to advance written notice, Podcast Host will verbally notify the Podcast Guest immediately before the official recorded interview is to begin or before “going live” with an audience. Podcast host shall ensure podcast guest is fully informed and aware when the interview is about to begin and when they are being recorded, there shall be no “hidden camera” or “candid camera” or any other form of unauthorized “surprise” recordings.
12.)Authorization to edit recordings from official interview(s) only: Podcast host is authorized to edit recordings from official interview(s), making all possible efforts to portray podcast guest in a positive light and will protect podcast guest’s brand(s), image(s), and reputation(s) at all times before, during, and after official interview(s).
16.) Intellectual Property: I, the podcast host agrees that in addition to any online terms and conditions pertaining to Intellectual Property, podcast guest is expressly reserving all intellectual property rights. No transfer of ownership of any of the podcast guest’s intellectual property rights is intended by this interview agreement or by podcast guest. Intellectual property that is supplied by the guest will hereby be
a.) Sponsoring the Podcast: Podcast host reserves the right to sell sponsorships in connection with his podcast and receive money from the same. Podcast guest shall not be entitled to compensation from any monies received by podcast host from sponsors by reason of this interview agreement.
b.) Podcast host shall not be entitled to any financial compensation from any offers accepted or purchases made by the audience from the podcast guest.
On rare occasion, technical malfunctions, weather, or other acts of God or Universe may occur. Should an unforeseen event occur and delay the production or require the production to be rerecorded, the episode will be rerecorded at no additional cost to the podcast guest. Compensating for loss of time etc. will not be the responsibility of the podcast host. All efforts to minimize such events are always taken seriously by podcast host although there are occasionally situations beyond the podcast host’s control. Podcast host will not be held liable in any situation that requires the episode to be rerecorded in part or in whole. Any unforeseen delays to record that occur will not render the podcast host liable. Reasonable rectifications will be made to rerecord or reschedule when necessary and both parties agree that these things can and do happen on occasion.
These terms and conditions along with any and all incorporations by reference constitutes the entire agreement between the parties regarding the specific subject matter discussed. It shall have original jurisdiction in the United States of America subject to the laws of the state of Tennessee. These terms and conditions shall be construed as “compatible with” and “in addition to” any other signed written agreement(s) between the parties. In the unlikely event of a conflict of compatibility, the language most favourable to the podcast host as determined solely by the same, shall govern. These terms and conditions supersede all prior understandings between the parties regarding the specific subject matter covered. It may only be amended in writing signed by both parties. If any court of competent jurisdiction determines that any part or paragraph is unenforceable, the remainder of this interview agreement shall stay in full force and effect. Paragraphs, numbers, bullets, are for convenience purposes only.
Podcast guest understands that the podcast host has no obligation to publish or otherwise exploit the podcast episode or recordings and that publishing or otherwise exploiting the podcast episode or recordings is the sole discretion of the podcast host. Podcast guest is purchasing a media player and link and not a promotion of their episode.
No duplication of the media player or link, it’s contents or recording is permitted at any time for any reason without written permission from Electrified Mind™ Podcast. The episode may, and is encouraged to, be shared, However:
- Episode, if shared, must be shared using the links and media player provided by Electrified Mind™ Podcast
- Copying the recording and sharing with “personalized link or media player” is prohibited.
- Stripping Electrified Mind™ Podcast’s branding from the recording is prohibited.
- Stripping Electrified Mind™ Podcast’s Sponsor from the recording is prohibited.
- Editing the recording by podcast guest is strictly prohibited.
- Audio clips or “snippets” of the interview may be used by podcast guest to promote the episode under the following guidelines:
- Audio clips or snippets must not be in excess of 60 seconds in length.
Any amendment or modification of this agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding in writing signed by each Party or an authorized representative of each party.
In case any provision in these terms and conditions shall be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
Electrified Mind™ Podcast reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
The parties agree to mutually indemnify and hold harmless, their employees, subsidiaries, affiliates, agents, successors, and assigns and its directors, officers, employees, agents, stockholders, subcontractors and customers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to or result from any breach of these terms and conditions.
SEVERABILITY: If a court of competent jurisdiction finds any term or clause in this Agreement to be invalid, unenforceable, or illegal, the same will not have an impact on other terms or clauses in the Agreement or the entire Agreement. However, such a term or clause may be revised to the extent required according to the opinion of the court to render the Agreement enforceable or valid, and the rights and responsibilities of the parties shall be interpreted and enforced accordingly, so as to preserve their agreement and intent to the fullest possible extent.
© 2018 Electrified Mind™ Podcast