Podcast Guest Agreement

Podcast Speaker Agreement

This Podcast Speaker Agreement (the “Agreement”) is entered into by and between you (the “Speaker”) and Anything for Love, LLC (the “Company” and collectively, the “Parties”) for Speaker to be a guest on Anything for Love Podcast.

For good and valuable consideration, the parties agree as follows:
  1. SERVICES
    1. Company hosts a Podcast named Anything for Love (the “Podcast”). Speaker agrees to be a guest on the Podcast (the “Podcast Episode”).
  2. COMPENSATION, OTHER FINANCIAL CONSIDERATIONS AND GUARANTEES
    1. Company and Speaker agree that Company shall not pay Speaker to speak on the Podcast.
    2. Company makes no guarantees to Speaker related to audience size, amount of listeners of the specific Podcast episode in which the interview will be aired, income, success, increased revenue, projected sales, increase in social media followers, increase in Speaker’s own podcast audience (if applicable), increase in traffic to Speaker’s website, increase in interest in Speaker’s own company, services or products, in any way related to the Speaker’s Podcast Episode.
  3. RELATIONSHIP BETWEEN PARTIES
    1. The Speaker is not an employee or agent of Company. 
    2. The Speaker agrees to conform to and comply with all of the rules, regulations and all applicable local ordinances, laws, rules and regulations if applicable. 
  4. INTELLECTUAL PROPERTY
    1. The Speaker hereby grants permission to Company to distribute the Podcast Episode including audio, video, any written testimonials and any related materials (“Work Product”) obtained during the Podcast Episode.
    2. The Speaker understands that, unless stated otherwise in this Agreement, permission is granted to Speaker to use Podcast Episode (including audio, video and all other materials) for promotion of said Podcast Episode.
    3. Speaker retains no title, right or interest in the Podcast Episode and agrees that such Work Product shall be the sole ownership of the Company. Speaker agrees not to challenge the validity of the Company’s ownership in such Work Product
    4. Speaker assigns all current and future rights, title and interest in the Work Product to Company in perpetuity. 
    5. Company agrees to grant access to Speaker to use the Podcast Episode for his/her future promotions for his/her business.

5.     CONSENT

  1. The Speaker authorizes the Company to use his/her name, likeness, photograph, and biographical data in connection with the use and promotion of any aspect of the Podcast Episode.
  2. The Speaker may use the Company’s name or trademark(s) in connection with any advertising, marketing, or other promotional efforts or materials within the context of the Podcast Episode. The Company does not give permission for the Speaker to use the Company’s name or trademark(s) outside of the context of the Podcast Episode with regard to this Agreement, unless expressed in writing.

6.     ENTIRE AGREEMENT, MODIFICATION & WAIVER
        a.  This Agreement constitutes the entire agreement between the Speaker and the Company with respect to its relationship and supersedes all prior oral or written agreements and understandings to the extent that they relate in any way to terms of this Agreement. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

7.     RESOLVING DISPUTES, GOVERNING LAW & VENUE
       a. If a dispute should arise under this Agreement, the parties agree to attempt to resolve the dispute, claim or controversy through arbitration and/or a suitable Alternative Dispute Resolution located in New Hampshire, regardless of the location of the Speaker, and agree to be bound by the decision(s) of the selected Mediator as set forth in the Mediation Agreement.
    b. The Parties agrees to participate in good faith in the mediation process and failure to do so may result in the Company’s right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.
    c. This Agreement shall be governed and constructed in accordance with the laws of the State of New Hampshire regardless of where the conflict may have arisen and the laws and principles thereof.
    d. Any costs and fees associated with the mediation shall be paid in accordance with the terms of the mediation agreement.
    e. Should an arbitrator determine any portion of this Agreement is invalid or otherwise unenforceable, both parties agree all remaining portions of this Agreement shall remain valid, unaffected and enforceable.
    f. Both Parties agree, that should a dispute arise, both Parties are prohibited from publicly or privately discussing the matters leading up to the dispute, resulting in the dispute, or the final terms and conditions of the Mediation Agreement.

8.     INDEMNIFICATION
    a.    Speaker agrees to indemnify and hold harmless the Company, its employees, officers, directors, agents, personnel, other independent contractors and affiliates, from any and all claims, losses, demands, causes of action, damages, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Performance or actions under this Agreement.
    b.    Speaker agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Speaker’s Performance under this Agreement, unless expressly stated otherwise by the Company, in writing.

9.     FORCE MAJEURE
    a.    In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

10.  SEVERABILITY
    a.    Both Parties agree that should any provision of this agreement be or become invalid, unenforceable or illegal under applicable law, all remaining provisions of this Agreement shall remain valid and unaffected and shall remain in full force and effect.

11.  COUNTERPARTS
    a.    This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

12.  ASSIGNMENT
    a.    This Agreement may not be assigned by either Party without the expressed written consent of the other party.

IN WITNESS WHEREOF, the Parties, intending to be legally bound, have executed this Speaker Agreement as of the date first indicated below.

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