Sherrie Rohde, LLC
PODCAST GUEST AGREEMENT
Sherrie Rohde LLC and their members, employees, representatives, agents, and employees (“Host”) and Guest agree to the following terms, for good and valuable consideration, the receipt of which is acknowledged, effective as of the date of the first signature below.
- Guest Responsibilities. Guest agrees to take part in the Host’s podcast Therapy Dog Talk (“Podcast”) on the day and time mutually agreed to by Host and Guest. Guest will coordinate with Host regarding any equipment or facilities needed for calling in or recording the podcast, which must be provided by Guest, solely at Guest’s own cost.
- Consent to be Recorded, Use Guest’s Likeness. Guest gives Host consent to record and use Guest’s likeness, image, voice and appearance by audio, video, and/or any other means. Guest authorizes the Host to use Guest’s name, brief biographical information, and any images, audio, or video provided by Guest to Host.
- Consent to Edit Performance. Guest gives Host consent to edit, mix, or duplicate Guest’s performance.
- Consent for Exclusive Use by Host. Guest gives Host an exclusive license to use, broadcast, exhibit, market, distribute, display, reproduce, or sell any recording, image, video, or other copyrighted material or intellectual property created by Guest for or during the Podcast, in any medium now existing or unknown. Guest authorizes the Host to copy, exhibit, publish, sell or distribute the recorded interview within or for purposes of publicizing the Host’s programs, products, services, or for any other lawful purpose.
- Guest acknowledges that he or she has no right to use, broadcast, exhibit, market, distribute, display, reproduce, or sell any recording, image, video, or other copyrighted material or intellectual property created by Guest for or during the Podcast, subject to the other terms of this agreement.
- No payment. Guest agrees that Host will not make any payment to Guest in exchange for appearance on the podcast or the grants of rights herein.
- No right to review, approve, or edit content. Guest agrees that they will not have any right to review, approve, or edit the recording of the Podcast at any time prior to, during, or after it is distributed or broadcast in any medium now existing or unknown.
- Guest Content. Guest represents and warrants that he or she owns all right, title, and interest, or has the right to permit use of, all materials, videos, or other content Guest uses or performs during the Podcast.
- No obligation to broadcast or distribute. Host retains the sole right to determine whether to broadcast or distribute any recording of Guest on the Podcast. Host will notify Guest if it determines it will not broadcast or distribute any recording of Guest on the Podcast.
- Ownership of Podcast. Host exclusively owns all copyrights and intellectual property in all Podcast recordings, images, videos, or other content created for or during any Podcast. Guest retains ownership of any underlying materials incorporated into the Podcast, such as excerpts from Guest’s preexisting presentations or written materials.
- Links to Podcast. Host may make available graphic and/or textual Internet links to the Podcast. Host grants Guest the nonexclusive right to include these links on his or her website, social media accounts (including but not limited to Facebook, Instagram, Twitter, and Pinterest). Guest agrees not to place any link to any Podcast on any page or screen that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties; or contains or promotes deceptive information. Guest will solely be responsible for integrating any links into his or her website or social media accounts.
- No Disparagement. Host and Guest (each referred to as “Party”), and their respective members, employees, representatives, and agents, shall not take any action that is intended, or would reasonably be expected, to harm the other Party, its respective members, employees, representatives, and agents, or its reputation, or which would reasonably be expected to lead to unwanted or unfavorable publicity to them. Host and Guest, and their respective employees, representatives, and agents, will not disparage or comment negatively about any other Party or their respective members, employees, representatives, and agents. Disparaging remarks, comments or statements are those that impugn the character, honesty, integrity, morality or business acumen or abilities in connection with any aspect of the operation of business of the Party or their respective members, employees, representatives, and agents.
- Release. Guest releases Host and Host’s assigns, licensees and successors from any claims, demands and causes of action that may arise regarding the use of the interview including any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, intellectual property rights or copyright.
- Force Majeure. Neither Party shall not be deemed in breach of this Agreement if they are unable to perform their duties hereunder, or any portion thereof, by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of either Party, or any local, state, federal, national or international law, governmental order or regulation or any other event beyond either Party’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the non-performing Party shall give notice to the other Party of its inability to perform or of delay in performance and shall propose revisions to the schedule for performance, or other accommodations, or may terminate this Agreement.
- General Provisions. This Agreement will be governed by the laws of California. This Agreement may only be modified if an amendment is made in writing signed by both parties. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. In the event Host must make a claim for breach of any of term in this Agreement or violation of any intellectual property rights (whether by negotiation, mediation, arbitration, or litigation in state or federal court), Host shall be entitled to recover its attorneys’ fees and costs.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
Policy Last Updated May 28, 2023.