Podcast Guest Agreement

Date Updated: October 15, 2021

You (the “Podcast Guest”) understand that by scheduling and recording to be a guest on  (the “Podcast") with Fit Body + Healthy Soul, LLC ("Fit Body + Healthy Soul, LLC"), Podcast Guest voluntarily agreed to abide by this Podcast Guest Agreement (this “Agreement”).

In consideration of the mutual covenants set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

PODCAST INTERVIEW DETAILS.

·      The interview will be as mutually agreed at agreed physical address or/ on ZOOM for an audio recording (the "Interview").

·      The total length of the Interview shall be ONE hour.

·      Podcast Guest must have a strong WiFi connection, headphones with a built in microphone (not air-pods), and a quiet room (preferably carpeted), for best audio quality.

·      Podcast Guest shall provide Fit Body + Healthy Soul, LLC an approved biography and headshot of Podcast Guest for Fit Body + Healthy Soul, LLC's use within five days of scheduling the Interview.

·      Prior to the Interview Fit Body + Healthy Soul, LLC will send Podcast Guest anticipated questions and any information for necessary to prepare for the Interview.

·      The release for Podcast Guest's Interview shall be determined at the sole discretion of the Fit Body + Healthy Soul, LLC. Fit Body + Healthy Soul, LLC will provide reasonable written notice to Podcast Guest

·      Podcast Guest represents Interview will not include any content that will infringe on the rights of a third party’s intellectual property rights.

·      Podcast Guest may email Fit Body + Healthy Soul, LLC with any questions at gwen@fitbodyhealthysoul.com

FIT BODY + HEALTHY SOUL, LLC'S RIGHTS. Podcast Guest grants their irrevocable consent to Fit Body + Healthy Soul, LLC shall have the perpetual rights to:

·      Publicize Podcast Guest's participation in the Podcast and the Interview in a manner of its choosing including using Podcast Guest's approved biography and headshot both before and perpetually after the Interview, including in the Podcast show notes.

·      Record, reproduce, edit, alter, otherwise modify, or transmit an audio of the Interview for any business purposes Fit Body + Healthy Soul, LLC may deem fit, without any right to review or approve.

·      Accept Podcast sponsorships as deemed appropriate by Fit Body + Healthy Soul, LLC, without any compensation.

·      Promote a special price for Podcast Guest’s products/services in the Interview and the show notes for period of time as mutually agreed.

COMPENSATION AND EXPENSE REIMBURSEMENT.

While Fit Body + Healthy Soul, LLC is appreciative of Podcast Guest’s time, there is no monetary compensation or reimbursement for expenses related to Podcast Guest’s participation in the Interview. 

INDEPENDENT CONTRACTOR.

It is understood and acknowledged that Podcast Guest is providing the services and granting additional rights to Fit Body + Healthy Soul, LLC under this Agreement in the capacity of an independent contractor and not as an employee or agent of Fit Body + Healthy Soul, LLC.

WAIVER AND RELEASE OF LIABILITY.

Podcast Guest fully and forever releases and discharges Fit Body + Healthy Soul, LLC, its affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, licensees from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, personal, property, or any other person, directly or indirectly arising out of or in connection with participation in the Interview, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected.

INDEMNIFICATION.

Podcast Guest shall indemnify, defend, and hold harmless [Your Business Name], from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys' fees and disbursements, arising out of or in connection with participation in the Interview.

DISPUTE RESOLUTION.

In the unlikely event of a dispute arising from or relating to the Program or this Agreement, the dispute shall be settled by binding arbitration in New York, which will occur via telephone by an arbitrator that is mutually approved by the parties. The costs of the arbitration will be shared equally by the parties; provided that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs.

CHOICE OF LAW.

This Agreement shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement.

ENTIRE AGREEMENT.

This Agreement represents the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings between the parties.