Podcast Guest Consent and Release Agreement
By appearing as a Guest on the Live Authentically Podcast (“Podcast”), I acknowledge and agree to the following:
License. I grant Live Authentically, LLC and its employees, subsidiaries, affiliates, agents, successors, and assigns (collectively, “Host”) a world-wide, non-exclusive, royalty-free, irrevocable license, right and permission to use, publish, live stream, record, transcribe, reproduce, distribute, sell, offer for sale, perform, display, exhibit, license, sub-license, broadcast, or distribute any audio or video interview with me (“Interview”).
Such right and permission includes, but is not limited to, my name, recorded voice, video recording, image, photograph or likeness, biographical information, handouts, or any materials based upon or derived therefrom, in whole or in part, by means of the Internet (including but not limited to websites, web applications, webinars, social media, podcast and other audio- and video-streaming platforms, and other available outlets), and/or via any other audio, video, print or other physical or digital media, in any format, including but not limited to physical copies, photographs, transcripts, articles, audio/video recordings, and digital downloads, for any lawful commercial, non-commercial and promotional purpose.
Intellectual Property. I agree that Host is the sole owner of any all rights to the Podcast, including the episode in which I appear. I am waiving any intellectual property claims, including but not limited to any trademark and copyright infringement claims, associated with any personal or business interests discussed during my Interview.
No Right of Approval. I acknowledge and agree that Host has the right to edit the content of my Interview and publish the same in any media, now and in the future, without first obtaining my approval.
Privacy and Publicity. I am waiving any right to publicity and privacy claims (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity), and I further agree that my name, voice, likeness, biographic data, business information, and other information may be used by Host in the episode in which I appear, as well as in any future reproductions, marketing materials, or for any other commercial, non-commercial and/or promotional purposes in the sole discretion of Live Authentically, LLC.
Warranty. I represent and warrant that I have full power and authority to grant the rights set forth in this Consent and Release Agreement. I further represent and warrant that, during the course of my Interview, I will not have violated the rights of any third parties, including but not limited to copyrights, trademarks, rights of privacy or publicity, trade secrets, non-disclosure or other contractual agreements.
Indemnity. I hereby agree to release, indemnify, defend, and hold Host harmless from and against all claims, losses, liabilities, expenses, fees (including attorney fees), costs, and judgments (“Liabilities”) that may be asserted against Host in connection with my breach of any law, representation, contract, warranty or promise made by me under this Agreement, to the extent that such Liabilities were caused by any act, failure to act, error, omission, breach of contract, or negligence by me and/or my employees, agents or assigns.
Consideration. I will receive no monetary compensation for my appearance. The consideration I receive for executing this release shall be the exposure I receive to the audience of the Podcast.
No Obligation to Publish. Host is not obligated to publish the Interview, any supporting materials, or any part thereof.
Independent Contractor. The parties are independent contractors and neither is an employee of the other. Each party shall be responsible for, and release, indemnify and hold the other harmless from and against any losses, liabilities, costs, expenses, damages and injuries caused by it or suffered by its personnel during the performance of this Agreement, including injuries which may be compensable under any applicable workers’ compensation laws.
Amendment. This Agreement may only be amended in writing, signed by both parties.
Arbitration. If a dispute arises under this Agreement, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, and each party hereby consents to any such disputes being so resolved. Judgment on the award so rendered in any such arbitration may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Cook County, Illinois. This Agreement, and all claims relating to or arising out of same, whether sounding in contract, tort or otherwise, shall be governed and construed in accordance with the State of Illinois, excluding that State’s choice-of-law principles.
Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof.
Severability. If any provision of this Agreement is declared by any arbitrator or court of competent jurisdiction to be illegal, void, unenforceable or invalid for any reason under applicable law, the remaining parts of this Agreement shall remain valid and enforceable. If it is found that an unenforceable portion of this Agreement may be made enforceable by limiting such provision, then such provision shall be deemed written, construed and enforced as so limited.
No Waiver. Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.