STANDARD PODCAST GUEST RELEASE FORM
The Alden Report Podcast (“Podcast”) is presented, recorded and published by AMGM, LLC (“Producer”). You as a Podcast guest (“Guest”) have been informed and understand that Producer is producing and recording a Podcast episode that Guest’s name, likeness, image, voice, appearance and/or performance is being recorded and made a part of that production (the "Podcast"). By participating in the Podcast recording, Guest agrees to be interviewed on the Podcast based on the terms and conditions (the “Agreement”) set forth herein.
1. Guest hereby grants to Producer and its affiliates subsidiaries, agents, successors, assigns and designees the right and permission to record and to use Guest’s name, likeness, image, voice, appearance, biographical information and performance as embodied in the Podcast whether recorded on or transferred to electronic/digital audio, videotape, film, slides, photographs, audio tapes, print or other media, now known or later developed. This grant includes without limitation the right to edit, mix or duplicate and to use or re-use the Podcast in whole or part as Producer may elect and to broadcast, exhibit, market, sell and otherwise distribute the Podcast and any derivatives of the Podcast either in whole or in parts, and either alone or with other products, for commercial and/or non-commercial internet, audio, television, closed-circuit exhibition, home video distribution, print or any other purpose that Producer in its sole discretion may determine. This grant includes the right to use the Podcast for promoting or publicizing any of the aforementioned uses. Guest understands that Producer may, at its sole discretion, produce presentations or publications based in whole or in part upon Guest’s audio or video interview (or any portions thereof) and/or video or audio recordings or photographs of said interview, and that such media or transcripts may appear in print, online, video, or in any manner or media, including, but not limited to, promoting the Podcast. Producer shall have the right to edit and/or transcribe Guest’s session and/or interview. The Producer, its affiliates or designees shall have complete ownership of the Podcast and any derivatives of the Podcast in which Guest appears, including all trademark and copyright interests, and Guest acknowledges that Guest has no interest or ownership in the Podcast or any derivatives of the Podcast or its copyright or trademark related thereto. Guest shall not acquire any right, title or interest in the Podcast by virtue of this Agreement or otherwise. Guest hereby assigns to Producer all of Guest’s right, title and interest in the Podcast. Guest shall not in any way or at any time dispute or attack the validity or harm or contest the rights of Producer in or to any of the Podcast. Any unauthorized use of any of the Podcast by Guest shall be deemed an infringement of the rights of Producer therein. The rights granted Producer herein are perpetual and worldwide.
2. Guest waives any and all right of content approval, and any and all claims for compensation arising from the use of the Podcast. Guest waives any and all claims (including without limitation claims of defamation or invasion of privacy, or of infringement of moral rights or rights of publicity or copyright) arising out of or in connection with, any use, alteration, or use in any composite form hereunder of the Podcast. Guest hereby releases and discharges the Producer, together with all principals, shareholders, officers, employees, agents, successors, heirs, assigns and affiliates of Producer from any and all liability arising out of or in connection with the programming, the session, the making, producing, reproducing, processing, exhibiting, distributing, publishing, transmitting by any means or otherwise using the Podcast.
3. Guest acknowledges that Guest’s participation in the Podcast in no way implies, creates or forms a partnership or co-venture with Producer. Guest agrees not to represent that Guest is a partner or co-venturer with Producer. Guest also acknowledges that Guest is solely responsible for the information Guest shares on the Podcast (“Guest Content”) and will hold Producer harmless from any and all liabilities, damages and costs (including attorney’s fees) relating to or comprising claims by third parties out of Guest Content or Guest conduct during the interview.
4. This Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without regard to conflict of laws principles. The parties irrevocably submit to the venue and jurisdiction of the Commonwealth of Massachusetts. Any controversy or claim arising out of or relating to this Agreement that cannot be resolved through mediation or negotiation shall be conclusively settled by binding arbitration in the Essex County, Massachusetts in accordance with the commercial rules of the American Arbitration Association and judgment upon the award obtained in such arbitration may be rendered in any court having jurisdiction thereof and such determination shall not be subject to judicial review. The parties shall endeavor in good faith to select an arbitrator within ten (10) business days of the occurrence of any event giving rise to arbitration hereunder (an "Event"). The prevailing party will recover its costs and attorneys fees as determined by the arbitrator.
5. Producer is not obligated to utilize the rights granted in this Agreement.
Electronic Signature Agreement. By typing your name and providing your information below and by clicking "I Agree" you as the Guest are signing this Agreement electronically and consent to be legally bound by this Agreement's terms and conditions. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement.