By booking a slot with Molly Claire Coaching (hereinafter “Company”) to complete a podcast interview, you, the interviewee (hereinafter “Interviewee” or “you”) confirm your interest in completing the below interview with Company (hereinafter “Episode”) and hereby agrees to the following terms and release:
As the Interviewee, you certify you have the right to enter into this agreement and to grant any and all rights being granted via this agreement, including that which is discussed on the Podcast. You further certify you have not/will not violate the rights of any third parties throughout the course of Your Podcast Interview, including but not limited to copyrights, patents, breach of contract, and/or non-disclosure agreements. In the event that the interview does violate or infringe on the right(s) of another, Interviewee will fully defend and hold harmless Company against any claims as a result.
Interviewee understands and agrees to the following:
1. Interview
Interviewee understands and agrees he/she will be completing a podcast episode, which will be featured on the Podcast entitled “Life, Mastered with Molly Claire" (“Podcast”) and distributed throughout Company’s typical distribution channels for its Podcast, as well as through email marketing, social media promotions, and other distribution channels of its choosing to promote Podcast.
2. Compensation
Interviewee understands and agrees he/she will receive no monetary compensation for completing the Interview; however, he/she will be identified and tagged in all promotional materials and publicized to Company’s audience, and may be allowed to offer a free resource to Company’s audience that will be linked in Interview show notes, or however appropriate to deliver notes and resources following the Interview, depending upon the platform used. Interviewee acknowledges this to be a bargained-for exchange, and that Interviewee is receiving something of significant value in such publicity and exposure to a new audience. Interviewee makes no claim in any compensation or portion thereof should Company receive ad-based, or any other compensation in connection with the Interview.
3. No Obligation to Publish Episode
Interviewee acknowledges, understands, and agrees that Company makes no guarantee the Episode featuring Interviewee will be broadcast, mentioned, or featured in any way, including but not limited to releasing to the public as a Podcast episode. Interviewee agrees to provide the Interview and corresponding content having understood this provision, and leaves it solely up to Company to publish or not publish the Interview on the agreed upon platform. Company has no obligation to publish or distribute the Episode in any capacity or across any media, and does not owe Interviewee any damages or comparable offer should Interview not be published on either platform.
4. Distribution
Should Company decide to publish the Interview, Interviewee hereby consents to the recording, broadcasting, and distribution of the Interview, which may include but is not limited to: [ITUNES, WEBSITE, FACEBOOK/INSTAGRAM, TWITTER, YOUTUBE, ETC.,] and any and all additional forms of media deemed appropriate by Company. Interviewee understands his or her name and likeness will also be used in connection with marketing, advertising, and on promotional material promoting the Interview and/or Interviewee, and fully grants Company rights to distribute same on the designated platform, as well as all associated platforms, and in all ways Company reasonably decides to promote the Interview.
5. Marketing and Promotion
Interviewee grants Company a non-exclusive, irrevocable and perpetual license to copy, publish, distribute, make derivative works of, and otherwise use Interviewee’s name, title, biography, photograph, likeness, company logo, relevant intellectual property belonging to Interviewee, and other applicable rights of publicity for the purpose of marketing Interview and publishing accordingly. Interviewee will not have a claim against Company for use of clips, quotes, and other portions of Interview completed, and agrees Company is to have full creative authority in deciding how and when to use quotes, clips, thumbnail images, video recordings, and other media for the purpose of publishing, broadcasting, marketing, and/or distributing the Interview.
Company also grants Interviewee a non-exclusive, revocable license to use Company’s name, logo, and other applicable images for the sole and exclusive purpose of publicizing and marketing the Podcast in images and designs created by Company and provided by Company for Interviewee use. Interviewee understands this license is limited to reuse of images given to Interviewee by Company, and does not give Interviewee the right to create his/her own graphics and images using Company’s intellectual property, without prior written consent of Company.
6. Intellectual Property Rights
Interviewee represents and warrants that (1) it is the legal and original owner, or has an assignable, irrevocable license to use, any and all content it provides within the Interview or in relevant promotional and/or marketing materials, including but not limited to methods, programs, educational theories, or other things discussed in Interview, as well as those relating to photos, branding colors and trade dress, logos, taglines, and information contained within copy; (2) it has the legal right to sell, promote, and offer the products and services for which it is may discuss or promote on the Interview, if any; (3) there are no known, currently pending legal issues against Interviewee that would materially alter this Agreement or its reputation should such issues become public, and Company’s participation as a result.
Interviewee irrevocably grants Company, its employees, affiliates, agents, subsidiaries, successors, and assigns any and all intellectual property rights in the recorded Interview, including the rights to record, use, sell, stream, publish, and distribute – in whole or in part – the audio (and video, as applicable) collected during the Interview recording process. This right includes, but is not limited to, all rights ofDoc ID: b515eef487a71f2915558e9b8e888a2d5cf03133 publicity, including name, photo, voice, and/or likeness, biography, the full recording of the Interview itself, and any supplemental information provided by Company at the time of the Interview.
Interviewee understands that Company may use the Interview recording, in whole or in part, as well as any video recordings, photographs, or transcripts, across any and all forms of media (digital or in print) in perpetuity, without obtaining permission from Interviewee. Interviewee understands he/she has no legal claim arising out of or in connection with any use of the Interview, including but not limited to claims for invasion of privacy, defamation, right of publicity, as well as no claim for compensation or prior approval before Company uses such footage.
This also includes Company’s right to pull full or partial quotations from Interview and repurpose for Company’s social media that feature Interview. Interviewee acknowledges Company has full and complete rights to do this, and that Interviewee does not have any rights to contest, oppose, or otherwise take any action against the use of such quotations from the Interview, as long as Company pulls an accurate quote which does not objectively misstate or misquote Interviewee in a way that would negatively affect Interviewee.
7. Right to Correct
Should an inadvertent error occur during the recording or editing of Interview, or within any marketing materials made in connection with Interview, which is not caught or fixed prior to posting or distributing, Company has the right to correct such content by (1) removing the incorrect content as soon as the error(s) are realized, and (2) replacing the content with a corrected post or Interview, and calling attention to the fact that the prior content or Interview included an error, without penalty.
8. Digital Millennium Copyright Act
Should Company receive any notification or suggestion by a third party that Interviewee’s content on Interview or any portion therewith is infringing on the rights of another, Company shall immediately remove the Interview and notify Interviewee of the claim. Should any third party bring a cause of action, claim, or other legal action against Company due to any such alleged infringement, Interviewee agrees to fully indemnify, defend, and hold Company harmless – at Interviewee’s expense – in order to resolve any such legal claim and damages owed.
9. Limitation of Liability
Interviewee hereby fully releases Company, as well as Company’s employees, contractors, partners, agents, successors, heirs and assigns, and affiliates from any and all liability arising out of or in connection with any and all use of the Interview and corresponding materials therewith, including but not limited to the producing, processing, distributing, publishing, editing, reproducing, marketing, promoting or transmitting of the Interview – in whole or in part.
10. Disclaimer
Earnings Disclaimer: Company does not make any guarantees or assurances regarding a particular financial outcome of Interviewee based on Interview, nor is Company responsible for Interviewee’s earnings, or any increase or decrease in finances based upon Interview promotion. Any information or experiences from past interviewees is individual, and Company makes no representations regarding increase in growth, product or service sales, social media following, or otherwise. Interviewee agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of Episode.
Content Disclaimer: Interviewee confirms he/she is solely liable for any and all content spoken on Interview, and/or provided in any additional content provided to Company’s audience as a result of Interview. Should any Podcast listeners take issue with anything Interviewee says, discusses, claims, or provides in Interview or any free resources provided, Interviewee understands he/she will handle completely, will be fully liable, and will fully indemnify, defend, and hold harmless Company and all owners, employees, affiliates, contractors, and otherwise. Any such legal action that may be taken against Company will be taken over by Interviewee, as the sole and exclusive liable party
11. Dispute Resolution / Applicable Law
Should a dispute arise, the Parties agree to attempt to resolve by good-faith negotiations and discussions. If unable to reach a resolution informally, the Parties agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Frisco, Texas within a reasonable amount of time. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
This Agreement shall be governed by and under control of the laws of Texas regardless of conflict of law principles, and regardless of location of the parties. The Parties understand this and agree that the laws of Texas are to be applicable here.
