Podcast Production Agreement

PODCAST PRODUCTION AGREEMENT

TABLE OF CONTENTS

1. Parties
2. Podcast Description
3. Production Services
4. Intellectual Property Ownership
5. Compensation
6. Advertising and Sponsorship
7. Distribution and Platform Rights
8. Content Standards and Approvals
9. Guest Releases
10. Term and Termination
11. Representations and Warranties
12. Indemnification
13. General Provisions

1. PARTIES

This Podcast Production Agreement ("Agreement") is entered into as of [__/__/____] ("Effective Date"), by and between:

SHOW OWNER/HOST:
Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]

(hereinafter "Owner")

AND

PRODUCER/PRODUCTION COMPANY:
Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Email: [________________________________]

(hereinafter "Producer")

2. PODCAST DESCRIPTION

Podcast Title: [________________________________]
Genre/Subject Matter: [________________________________]
Episode Format: ☐ Interview / ☐ Narrative / ☐ Panel / ☐ Solo / ☐ Hybrid: [________]
Target Episode Length: [____] minutes
Release Frequency: ☐ Weekly / ☐ Bi-weekly / ☐ Monthly / ☐ Other: [________]
Planned Number of Episodes per Season: [____]

3. PRODUCTION SERVICES

3.1 Producer shall provide the following services:

• ☐ Audio recording (remote and/or in-studio)
• ☐ Audio editing and post-production
• ☐ Sound design, mixing, and mastering
• ☐ Music composition or licensed music sourcing
• ☐ Show notes and transcript preparation
• ☐ Episode artwork and branding design
• ☐ Upload and distribution to podcast platforms
• ☐ Guest booking and scheduling
• ☐ Other: [________________________________]

3.2 Deliverables per Episode:

• Final audio file in [________________________________] format (e.g., WAV, MP3 at 128kbps)
• Delivery within [____] business days of recording
• [____] rounds of revisions per episode

3.3 Producer shall be engaged as an ☐ independent contractor / ☐ employee. If independent contractor, Producer is solely responsible for self-employment taxes.

4. INTELLECTUAL PROPERTY OWNERSHIP

4.1 Show Ownership. The podcast name, brand, RSS feed, and associated social media accounts shall be owned by: ☐ Owner / ☐ Producer / ☐ Jointly.

4.2 Episode Content. All produced episode content shall be: ☐ a work made for hire owned by Owner under 17 U.S.C. § 101 / ☐ owned by Producer and licensed to Owner / ☐ jointly owned.

4.3 Pre-Existing Materials. Each party retains ownership of materials created prior to this Agreement. Any pre-existing materials incorporated into episodes are licensed on a non-exclusive, perpetual basis for use in connection with the Podcast.

4.4 Music and Sound Effects. Producer warrants that all music and sound effects used are ☐ original compositions / ☐ properly licensed under sync and master use licenses / ☐ royalty-free library music with valid commercial licenses.

5. COMPENSATION

5.1 Production Fee. Owner shall pay Producer:

• ☐ $[________] per episode
• ☐ $[________] per season of [____] episodes
• ☐ Monthly retainer of $[________]

5.2 Payment Schedule. Payment is due within [____] days of [invoice/episode delivery/month-end].

5.3 Revenue Share. In addition to or in lieu of production fees, Producer shall receive [____]% of net podcast revenue from: ☐ advertising / ☐ sponsorships / ☐ merchandise / ☐ premium subscriptions / ☐ all sources.

5.4 Expense Reimbursement. Owner shall reimburse Producer for pre-approved expenses exceeding $[________], including: [________________________________].

6. ADVERTISING AND SPONSORSHIP

6.1 Advertising and sponsorship decisions shall be made by: ☐ Owner / ☐ Producer / ☐ mutual agreement.

6.2 All sponsored content and paid endorsements must be disclosed in compliance with FTC Endorsement Guides (16 CFR Part 255), including clear and conspicuous disclosure within the episode audio.

6.3 Neither party shall accept advertising from the following restricted categories without mutual consent: [________________________________].

7. DISTRIBUTION AND PLATFORM RIGHTS

7.1 The Podcast shall be distributed on the following platforms:

• ☐ Apple Podcasts
• ☐ Spotify
• ☐ YouTube / YouTube Music
• ☐ Amazon Music / Audible
• ☐ Other: [________________________________]

7.2 The RSS feed and hosting account shall be controlled by: ☐ Owner / ☐ Producer.

7.3 Exclusive Distribution. ☐ The Podcast is / ☐ is not subject to an exclusive distribution agreement with [________________________________].

8. CONTENT STANDARDS AND APPROVALS

8.1 All episode content shall be approved by Owner prior to publication.

8.2 Content shall not include:

• ☐ Defamatory statements
• ☐ Unlicensed copyrighted material
• ☐ Content that violates any applicable law
• ☐ Other restricted content: [________________________________]

8.3 Owner reserves the right to request removal of any published episode within [____] hours of publication.

9. GUEST RELEASES

9.1 Producer shall obtain a signed guest release and consent form from each guest prior to recording, granting rights to use the guest's name, likeness, and voice in the Podcast.

9.2 Guest releases shall include, at minimum:

• ☐ Consent to record and distribute the appearance
• ☐ Grant of perpetual, worldwide distribution rights
• ☐ Waiver of approval rights over final edit (or specification of approval rights)

10. TERM AND TERMINATION

10.1 Term. This Agreement commences on the Effective Date and continues for [____] season(s) / [____] months, unless earlier terminated.

10.2 Termination for Convenience. Either party may terminate upon [____] days' written notice. Owner shall pay for all episodes completed or in production as of the termination date.

10.3 Termination for Cause. Either party may terminate immediately upon material breach that remains uncured after [____] days' written notice.

10.4 Post-Termination. Upon termination:

• Producer shall deliver all raw and final audio files to Owner within [____] days
• Transfer of RSS feed control to Owner (if not already held by Owner) within [____] days
• Producer's revenue share on episodes produced during the Term shall continue for [____] months post-termination

11. REPRESENTATIONS AND WARRANTIES

11.1 Producer represents that all services will be performed in a professional and workmanlike manner.

11.2 Owner represents that they have the authority to enter into this Agreement and to authorize the production of the Podcast.

11.3 Each party warrants that their contributions do not infringe the intellectual property rights of any third party.

12. INDEMNIFICATION

12.1 Each party shall indemnify the other from claims arising from its own breach of this Agreement, negligence, or infringement of third-party rights.

13. GENERAL PROVISIONS

13.1 Governing Law. This Agreement is governed by the laws of the State of [________________________________].

13.2 Entire Agreement. This Agreement constitutes the entire understanding between the parties.

13.3 Amendments. Modifications must be in writing and signed by both parties.

13.4 Severability. Unenforceable provisions shall not affect the remaining terms.

13.5 Confidentiality. Each party shall maintain the confidentiality of the other's proprietary business information.

SIGNATURES

OWNER

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

PRODUCER

Signature: [________________________________]
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

SOURCES AND REFERENCES

• U.S. Copyright Act, 17 U.S.C. § 101 et seq.
• FTC Endorsement Guides, 16 CFR Part 255
• IRS Independent Contractor Guidelines (Publication 15-A)
• Creative Commons Podcasting Legal Guide