This Memorandum of Understanding (MOU) is made and entered into on the date '{date58}' and signed by and between
- Host ‘{host}’ and producer '{producer}' collectively referred to as the "Production Team"
- Organization '{nonprofitName}' and representative '{name}', collectively referred to as the "Guest"
WHEREAS, the Production Team produces a podcast called '{nameOf114}', hereinafter referred to as the "Podcast," which discusses various topics and features interviews with guests;
WHEREAS, the Guest has agreed to participate in an episode of the Podcast, which will be recorded and produced by the Production team;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound, the parties agree as follows:
Permission to Record and Use Content The Guest hereby grants the Production team permission to record, edit, and use the Guest's appearance, name, voice, likeness, image, and biographical information in connection with the Podcast. The Guest also agrees that the Production team may use the Podcast for promotional purposes, using the entire content or excerts of it in a book, public consumption, and any other purposes deemed appropriate by the Host & Producer, including generating revenue.
Release of Liability The Guest agrees to release and hold harmless the Production team, its affiliates, employees, agents, representatives, and successors from any liability, claims, damages, or expenses arising from or related to the Guest's participation in the Podcast. This release of liability includes but is not limited to, any claims related to defamation, invasion of privacy, or infringement of intellectual property rights.
Intellectual Property Rights The Guest warrants that they own or have the necessary rights to the content they contribute to the Podcast and that their participation will not infringe upon the intellectual property rights of any third party. The Guest agrees to indemnify and hold harmless the Production team from any claims, damages, or expenses related to the infringement of intellectual property rights.
Profit and Revenue The Guest acknowledges and agrees that the Production team has the right to generate revenue and profits from the Podcast, including, but not limited to, advertising, sponsorships, merchandise sales, and syndication. The Guest will not be entitled to any share of the revenue or profits from the Podcast.
Governing Law This MOU shall be governed by and construed by the laws of the state of ‘California’ without regard to its conflict of law provisions.
Release and Scheduling Discretion The Guest acknowledges and agrees that the Production team reserves the right to determine, in its sole discretion, whether the Podcast episode featuring the Guest will be released to the public. The Production Team also retains the right to determine the scheduling, the podcast distribution network, and the release date of the Podcast episode, which may be subject to change or delay. The Guest understands that their participation in the Podcast does not guarantee that the episode will be published or released to the public, and they accept that the final decision lies solely with the Production Team.
Mediation and Dispute Resolution In the event of any dispute, controversy, or claim arising out of or relating to this MOU, or the breach, termination, or invalidity thereof, the parties hereto agree to first attempt to resolve such dispute amicably through good faith negotiations. Suppose the parties cannot resolve the dispute within thirty (30) days of the commencement of negotiations. In that case, they agree to submit the dispute to mediation administered by a mutually agreed-upon mediator in 'San Jose, California'. The parties will share the costs of mediation equally. Each party shall bear its attorney's fees and costs associated with the mediation.
Should the dispute remain unresolved following mediation, the parties may pursue other legal remedies following the Governing Law clause of this MOU.
Sponsor Liability Exclusion The Guest acknowledges and agrees that the sponsors of the Podcast, if any, shall bear no liability in connection with the Guest's participation in the Podcast or any claims, damages, or expenses arising out of or related to the Podcast. The Guest releases and holds harmless the sponsors, their affiliates, employees, agents, representatives, and successors from any liability, claims, damages, or expenses resulting from or in connection with the Podcast.
Release of Liability for Accidents at Recording Studio The Guest agrees to release and hold harmless the Production Team, the building owner, and the tenant of the recording studio from any liability, claims, damages, or expenses arising out of or related to accidents, injuries, or other incidents that may occur at the recording studio during the Guest's participation in the Podcast. The Guest assumes full responsibility for their safety and well-being at the recording studio and acknowledges that they participate in the Podcast voluntarily and at their own risk.
Entire Agreement This MOU constitutes the entire understanding between the parties concerning the subject matter herein and supersedes all prior negotiations, understandings, and agreements between the parties.
IN WITNESS WHEREOF, the Guest has executed this Memorandum of Understanding as of the date first written above.
'{name}'