Podcast Contract Lawyers for South Dakota

This Podcast Guest Release & Likeness License Agreement is designed to protect podcasters, producers, and agencies by securing the legal right to use a guest’s voice, name, image, and likeness in podcast episodes and promotional content, including ads, boosted posts on social media, website advertising and more. Without a written release, guests may later restrict how their appearance can be used — exposing you to takedown requests, disputes, or even legal claims. With this template, you’ll get: Clear consent from guests to record, publish, and distribute their appearance. Rights to guests' likeness for marketing, social media promotion, and future re-releases. Ownership protection so you do not lose rights to your podcast content. Professional credibility — show guests you take your business seriously. Release and waiver of claims relating to use of the guests's likeness and the podcast recording. Whether you’re producing your first season or scaling a popular show, this release helps to ensure you have the legal foundation to grow without legal roadblocks. Document contains the following sections: 1. Grant of Rights 2. Usage 3. Representations and Warranties 4. I Release Producer 5. Release of Unknown Claims 6. I Indemnify Producer

This 7-page Podcast Sponsorship Agreement is a lawyer-drafted contract that sets out the advertising relationship between a podcast producer and a sponsor. It defines the podcast, the sponsorship period, ad placement and frequency, compensation structure (CPM or flat fee), data reporting, usage rights, reputation protections, and how disputes will be resolved. With clear definitions and a detailed Ad Insertion Order section, this template helps both Producer and Sponsor align expectations before any ads are recorded or run. The Agreement is written in straightforward business language and includes fill-in fields for podcast name, platforms, ad copy, run days, sponsorship dates, rates, data delivery, and governing law, so you can quickly adapt it to different shows, sponsors, and campaigns. Who this Agreement is for: • Podcast producers who sell sponsorships and want consistent, professional contracts for each sponsor. • Independent podcasters who are running their first paid campaigns and need a clear, reusable sponsorship agreement. • Podcast networks and media companies managing multiple shows and sponsors. • Brands and agencies purchasing podcast ads and looking for a balanced agreement that protects reputation and usage rights. • Marketing and legal teams that want a plug-and-play template for podcast ad buys, including dynamic or embedded ads. Key clauses included in this template: • Definitions and Purpose of Agreement. Provides clear definitions for key terms such as Ad Copy, Ad Insertion Order, Compensation Rate, Data, Platform, and Sponsorship Period, and confirms that the Producer will provide advertising services for the Sponsor’s products or services. • Podcast and Ad Insertion Order Details. Identifies the podcast, describes the show and platforms, and sets out the full Ad Insertion Order, including product or service advertised, ad placement, length of each ad, run days, number of ads, and whether the ads are embedded or dynamically inserted. • Ad Copy, Host Reads, and Corrections. Specifies that the Sponsor provides compliant ad copy or talking points, designates who will read the ad, and allocates responsibility and cost for corrections depending on whether the error is caused by the Producer or the Sponsor. • Compensation Structure. Allows for CPM-based or flat-rate compensation, sets the Compensation Rate, and describes how and when payments will be made. • Data and Reporting. Requires the Producer to provide demographic, engagement, and download data regarding the podcast during the Sponsorship Period, on specified reporting dates. • Compliance with Guidelines, Laws, and Platform Rules. Requires the Producer to perform services in accordance with Sponsor’s guidelines, all applicable laws and regulations (including FTC endorsement rules), and all relevant platform rules, and confirms Sponsor responsibility for Ad Copy compliance as of the effective date. • Reputation Protection and Content Review. Protects the Sponsor’s brand by prohibiting the Producer from taking actions that would adversely affect the Sponsor’s image or reputation, and grants the Sponsor the right to request edits, takedowns, or removal of content that violates those standards. • Ownership of Materials and Usage Rights. Distinguishes between Producer Material, Sponsor Material, and Joint Material, keeps ownership with the creating party, and grants each side non-exclusive, non-transferable licenses to use the other’s materials within defined scope, duration, and territory for the sponsored content. • Moral Rights, Trademarks, and Logos. Reserves moral rights in each party’s material and requires compliance with applicable trademark laws and agreed terms for use of each party’s trademarks and logos. • Warranties and Mutual Indemnification. Each party warrants it has the rights needed to grant the licenses in the Agreement and agrees to indemnify the other for claims, losses, or damages arising from breaches or IP violations. • Term and Termination. Sets the Agreement term through the last day of the Sponsorship Period, allows either party to terminate without cause on 30 days’ written notice, and allows the Sponsor to terminate on shorter notice for Producer breach, with payment obligations for ads run prior to termination. • Remedies and Limitation on Sponsor Relief. Limits the Sponsor’s remedies to direct monetary damages and expressly waives injunctive relief, preventing interference with ongoing exploitation of the podcast. • Independent Contractor Relationship and Confidentiality. Confirms the Producer is an independent contractor, not an employee or partner, and requires both parties to keep the terms of the Agreement confidential except for professional advisors. • Assignment, Amendments, and Waiver. Prohibits assignment during the term, requires written, signed amendments for changes, and clarifies that failure to enforce a provision does not waive the right to enforce it later. • Dispute Resolution and Governing Law. Establishes a stepped process of informal discussion, non-binding mediation, and then binding arbitration under AAA rules in a specified location, with the prevailing party entitled to reasonable attorneys’ fees and costs, and sets the governing state law and forum. • Notices, Addresses, and Entire Agreement. Specifies how formal notices must be delivered, lists mailing and email addresses for notice purposes, and confirms that this Agreement is the parties’ entire agreement regarding the sponsorship. Use this Agreement to put every podcast sponsorship on clear, professional terms that protect both your show and your sponsor relationships, and purchase and download the template today so you can start using it for your next ad campaign.

This 6-page Podcast Host Agreement is a lawyer-drafted contract that sets out the relationship between a podcast producer and a host who provides on-air and related services. It defines the hosting duties, recording schedule, exclusivity, fees, ownership of the podcast and all related content, and how disputes will be handled, so both sides know exactly what is expected before any episodes are recorded. The template is written in clear, practical language with fill-in sections for the podcast name, platforms, episode dates, fee structure, and governing law, making it easy to adapt for different shows and hosting arrangements. Who this Agreement is for: • Podcast producers hiring a guest host or recurring host on an independent contractor basis. • Media companies or networks that want a consistent written agreement for all podcast hosting engagements. • Independent podcasters who are bringing in a new host and want clear expectations on services, payment, and rights. • Agencies or production studios that manage multiple shows and need a standard host contract. • Hosts who want written terms that clarify their duties, compensation, and use of their name and likeness. Key clauses included in this template: • Engagement and Hosting Services. Describes the engagement of the host, the episodes covered, and the specific services to be performed, including hosting, recording, scriptwriting, content creation, research, guest preparation, and any additional services. • Recording Schedule and Location. Sets out the dates on which episodes will be recorded, expected run times, and the agreed recording location. • Exclusivity During the Term. Requires the host to provide services exclusively to the producer during the term, so the host is not simultaneously hosting or co-hosting another podcast. • Producer Control, Quality Standards, and Revisions. Confirms that the producer has final creative and editorial approval, sets professional and industry-standard expectations, and allows the producer to request reasonable edits, pickups, and revisions on a timely basis. • Promotion and Social Media. Requires the host to promote episodes on their social media handles using content provided and approved by the producer, and prohibits disparaging posts about the podcast or its sponsors. • Ownership of Podcast and IP. States that all rights in the podcast, episodes, formats, edits, transcripts, titles, logos, and related intellectual property remain the sole property of the producer. • Name and Likeness Rights. Grants the producer a broad, royalty-free, perpetual license to use the host’s name, voice, image, and biography in any media worldwide for podcast distribution, advertising, marketing, and other lawful purposes. • Fee and Credit. Sets the per-episode fee, payment method and timing, and the form of host credit on published episodes, while leaving other credit details to the producer’s discretion. • Work Made for Hire and Assignment of Rights. Treats materials created by the host as work made for hire, assigns all rights to the producer, and includes a waiver of moral rights to prevent later claims. • Confidential Information. Protects non-public information about the podcast, including storylines and production details, and requires confidentiality until each episode is published. • Term, Breach, and Termination. Defines the term of the agreement, provides a cure period if the host breaches, and allows the producer to terminate and stop using the host’s services if the breach is not corrected. • Mutual Indemnities. Requires the host to indemnify the producer for losses arising from host breaches, and requires the producer to indemnify the host for certain third party claims that are not caused by host breach. • Limited Remedies. Limits the host’s remedies to direct monetary damages and waives injunctive relief so the host cannot interfere with exploitation of the podcast. • Independent Contractor Relationship. Clarifies that the host is an independent contractor and not an employee, partner, or agent of the producer. • Governing Law, Dispute Resolution, and Attorneys’ Fees. Sets the governing state law, provides for mediation followed by binding arbitration, and allows the prevailing party to recover reasonable attorneys’ fees and costs. • Standard Contract Provisions. Includes entire agreement, enforceability, assignment, amendments, waiver, counterparts, and notice provisions for a complete, professional business contract. Use this Agreement to put every podcast hosting relationship on a solid legal footing, and purchase and download the template today so you can start using it for your next host engagement.