Podcast Guest Release
For the intangible value I, the guest who has scheduled a podcast interview on The Mister Productivity Podcast, will gain and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I hereby consent to the recording of my statements, voice, image, name, and likeness in connection with my podcast interview for The Mister Productivity Podcast (“Podcast Episode”) and grant to Mark Struczewski and/or its agents, affiliates, representatives, successors, licensees, and assignees (“Released Party”) the non-exclusive right to use my voice, name, image, and likeness in connection with my Podcast Episode or any advertising, packaging, or promotional materials for my Podcast Episode, in any and all editions, versions, and media in perpetuity worldwide.
I hereby acknowledge that Released Party is the sole owner of all rights, title, and interest, including copyright in and to, the Podcast Episode and the audio and video recordings thereof.
I hereby agree that Released Party may edit my Podcast Episode and use the edited Podcast Episode or a partial version of my Podcast Episode.
Released Party shall have the right, for any purpose, to use, adapt, change, delete from, or add to my Podcast Episode, to combine any part of the audio and video recordings with others, and to use, distribute, advertise, market, and otherwise exploit any and all of the foregoing in any manner and medium (“the Materials and/or Products”) as Released Party shall determine in its discretion.
I hereby waive all rights of copyright or ownership which I might have in or to any of the Materials and/or Products in which my statements, voice, name, image, and likeness appear and I hereby assign to Released Party any such right, title, and interest in and to any such Materials and/or Products without further consent from or any royalty, payment, or other compensation to me. I hereby agree to cooperate with Released Party, at its expense, in all further actions, which Released Party deems necessary or desirable to confirm, register, protect, or enforce Released Party’s rights in and to such Materials and/or Products. I agree to execute all documents deemed necessary or desirable by Released Party in connection therewith.
I hereby waive the right to inspect, modify, or approve of the finished product of any and all Materials and/or Products created by Released Party which incorporate my voice, name, image, and likeness, including my Podcast Episode.
I must provide a short bio (between 50-100 words), one link to my website, and a photograph of myself to be included in the marketing materials for my Podcast Episode. I hereby grant the Released Party a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from these materials.
I understand that the target audience of The Mister Productivity Podcast is solopreneurs.
I understand that a standalone microphone AND headphones are REQUIRED. Built-in computer mics, mobile phone headsets such as Apple EarPods, lapel mics, “stage mics,” or something similar can NOT be used as mics.
I understand that The Mister Productivity Podcast is a clean show with no vulgar words permitted, including “hell,” “damn,” and/or the name of any deity.
I understand that this is an organic conversation with no scripted questions.
I understand that The Mister Productivity Podcast is a show about productivity-related topics for a target market of solopreneurs and is not a show that discusses politics, gender, social justice issues, race, or other controversial topics (as determined by Mark Struczewski).
I understand that I will not receive any monetary compensation in exchange for my Podcast Episode.
I am the copyright holder for the bio and image I have provided to Released Party or I have a license for their use. I understand that Released Party reserves the right to change or edit them, if necessary.
I understand that Released Party grants me a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free worldwide license to promote my Podcast Episode for non-commercial purposes.
I warrant that I have the right and power to execute this Release.
Released Party reserves the right to refuse publication of my Podcast Episode without any prior notice to me.
Waivers and Indemnification
I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, or any similar claim or cause of action in tort, contract, or any other legal theory, now or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Released Party’s exercise of its rights under this Release.
I agree to defend, indemnify, and hold the Released Party harmless from and against any and all Claims by third parties resulting from my breach of this Release or any of the foregoing representations and warranties.
No failure to exercise and no delay in exercising any right, remedy, or power under this Release shall operate as a waiver thereof.
This Release expresses the full and complete understanding of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter hereof.
Modifying the Release
This Release may be amended only in writing, signed by both parties.
Severability in Event of Partial Invalidity
If any provision of this Release is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Release will be severable and remain in effect.
This Release will be governed by and interpreted in accordance with the laws of the State of Texas, without regard to conflict of laws principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Texas, excluding that State’s conflict of laws principles.
If a dispute arises under this Release, any party may take the matter through arbitration under the Commercial Arbitration Rules of the American Arbitration Association in the county of Harris County, Texas. Arbitrability disputes will be submitted to the arbitrator. A complete copy of the rules is available on the website of the American Arbitration Association, www.adr.org. By signing this Release, you agree to arbitrate disputes under the referenced rules and waive the right to appeal and to a Court or jury trial.
The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof.