Last modified September 2019
THIS PODCAST Expert Panelist AGREEMENT (this “Agreement”) is entered into between Lock n’ Load Marketing (the company), owner of The Messy Back-End of Entrepreneurship Podcast (the brand), (“Podcaster,” “We,” “Us”), and our guest experts (“Panelist,” “You,” “Your,” “Expert”) who have completed and provided information on our Google Doc Form as an approved Expert. The parties are hereinafter sometimes referred to individually as a “Party” and collectively as the “Parties.”
DATE OF PODCAST
Panelist agrees to be interviewed by Podcaster on the date listed in the confirmation email sent prior to recording. Panelist agrees that the publishing of the episode will be release on the date determined by Podcaster and that this is subject to change.
To ensure a smooth recording, Panelist agrees to be in a quiet room and to do his or her best to minimize any outside noise or distractions. Panelist further agrees to use a good quality headphone, camera, and mic (Apple headphones/mic work great!). If using the Apple headphones/mic, Panelist understands and agrees to hold the mic instead of letting it hang to ensure the best possible sound quality.
Panelist understands that some of the recordings will be audio and some will be video/audio. Panelist also agrees that some recordings may be live.
RECORDING AND DISTRIBUTION
Panelist does hereby consent to the recording and distribution of reproduction(s) of the Panelist’s voice and performance as part of the Podcast in part or full.
Panelist does hereby acknowledge that Podcaster is the owner of all rights in and to the Program, and the recording(s) thereof, for all purposes; and that Podcaster has the unfettered right, among other things, to use, exploit and distribute the Program, and Panelist’s performance as embodied therein, together with Panelist’s name, sobriquet, biographical sketch, photograph or likeness (including, without limitation, any photographs or other material provided to Producer by Panelist), in any and all media or formats, throughout the world, in perpetuity. Any materials prepared in the course of the production and distribution of the Program (“Materials”) become the property of Podcaster, and Podcaster shall have the exclusive right to use, exploit and distribute such Materials, throughout the world, in perpetuity.
Nothing contained in this Podcast Panelist Release shall be construed to obligate Podcaster to use or exploit any of the rights granted or acquired by Podcaster, or to make, sell, license, distribute or otherwise exploit the Program or Materials whatsoever.
Panelist understands and agrees that he/she shall receive no compensation for appearances on and participation in the Program.
Podcaster may, upon notification and a newly signed agreement, change the compensation.
USE OF IMAGE(S)
Panelist’s name, likeness, and photograph may be used in connection with the Program, and in advertising and promotional material for the Program, but not as an endorsement of any product or service.
Panelist hereby releases and discharges Podcaster from any and all liability arising out of or in connection with the making, producing, reproducing, processing, exhibiting, distributing, publishing, transmitting by any means or otherwise using the above-mentioned production.
Should Panelist desire to reschedule their participation in a particular recording date, Panelist must immediately notify Podcaster via email.
Podcaster agrees to notify Panelist of any schedule changes with as much notification as possible.
Panelist agrees to cooperate with Podcaster, to provide any necessary information or feedback requested, and agrees to respond to any communications within 48 hours.
Merger. This Agreement constitutes the final, exclusive agreement between the Parties. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Severability. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
No Third Party Beneficiaries. Except as otherwise provided, nothing in this Agreement will provide any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.
Headings. The section and other headings contained in this Agreement are for reference purposes only and will not affect the meaning or interpretations of this Agreement.
Amendments. This Agreement may be modified or amended in writing if the writing is signed by the Party obligated under the amendment.
Dispute Resolution. If the Parties cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then the Parties will make a reasonable attempt to resolve their dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
Governing Law; Venue. This Agreement and all transactions contemplated hereby will be governed by and construed and enforced in accordance with the laws of the State of Utah, without reference to any principles of conflicts of laws. Any action instituted by either Party arising out of this Agreement will only be brought, tried and resolved in the State of UTAH,