THE REAL ESTATE 101 PODCAST GUEST AGREEMENT
THE REAL ESTATE 101 PODCAST (hereinafter referred to as “PRODUCER”) agrees to provide the GUEST (hereinafter “GUEST” “his” “her” “you” “your”) with advertising as described below. By signing up, the GUEST confirms they have read the Terms and Conditions of this Agreement in its entirety and agrees to be bound thereby.
THIS AGREEMENT IS SUBJECT TO TERMS AND CONDITIONS SET HEREUNDER:
1.1 SERVICE TO BE PROVIDED BY THE GUEST:
The GUEST hereby agrees to become a guest speaker on THE REAL ESTATE 101 PODCAST, a THESEUS ENTERTAINMENT LTD. production in return for advertising and marketing as explained in section 1.3 and 1.4 of this Agreement.
1.2 TERM OF AGREEMENT:
This Agreement shall begin upon signup and be for a period of (1) one year and will automatically renew for an additional (1) one year period on each anniversary date of this Agreement, or until either party fulfils their obligations according to the plan ordered by the GUEST, or either party provides notice of Agreement termination in writing as per sections 2.3, 2.4, and 2.5 of this Agreement.
1.3 ADVERTISING/MARKETING PROVIDED BY PRODUCER:
1.3a) The GUEST will be a guest on the show to discuss several aspects of their industry, business, products, and services. During the episode, a banner will appear on screen that will show the name of the GUEST, logo, social media handle, website, phone, or email.
1.3b) The PRODUCER agrees to publish each episode to the show’s website (www.real-101.com). The PRODUCER may also share the full or partial snippets of the episodes on its social media platforms at its sole discretion. The GUEST may freely share the episodes on their website, and social media platforms by requesting the embed code or videos from the PRODUCER.
1.3c) The PRODUCER agrees to maintain a clickable live link on the website (www.real-101.com) on all the episodes featuring the GUEST which points to their website. The GUEST must advise the PRODUCER of any changes to their website address at the earliest possible opportunity.
1.3d) The PRODUCER agrees to provide the guest a short 30-60 second snippet in the proper format to be utilized for social media posts.
1.3e) The GUEST agrees to provide the PRODUCER no later than 24 hours prior to filming with a topic, 10 questions, and any images or video footage to be used as inserts for each episode. The PRODUCER shall not be liable for any images or video footage provided by the GUEST used in any episode.
1.4 NUMBER OF EPISODES:
The GUEST will be entitled to the number of episodes available based on the plan selected at the time of signup.
1.5 GUEST TAGGING:
The GUEST agrees to follow and tag the show on any social media channels used by the GUEST to share or promote the episodes at all times through the duration of this Agreement. The PRODUCER shall provide the GUEST with the show’s social media handle for each platform where registered.
The GUEST agrees to pay the PRODUCER the fees plus applicable taxes according to the plan selected at signup. All fees are billed in advance of filming and are non-refundable.
1.7 METHODS OF PAYMENTS:
All payments must be in the form of a Credit Card.
1.8 LATE FEES:
Outstanding balances more than 30 days will be marked overdue and be subject to a 5% late fee penalty. All outstanding balances more than 45 days will be subject to a 10% late fee penalty and immediate stoppage of production until outstanding balances are paid. All outstanding balances more than 60 days will be subject to a 20% late fee penalty and sent to a collection agency for collection of outstanding amounts and reporting to the credit bureaus of which the GUEST shall be liable for any legal/collection costs.
1.9 BONUS OR OTHER COMPENSATION:
In the event the PRODUCER provides other services to the GUEST not stated herein, the PRODUCER will inform the GUEST of the total cost for the other services and will require approval and payment from the GUEST before the other services begin.
The GUEST is being retained on the show on a non-exclusive basis. The PRODUCER may freely retain other guests in the same industry.
2.1 COMPLETION OF EPISODES:
The PRODUCER shall be responsible for the completion of all episodes in a timely manner and guarantees all episodes to be of professional HD 1080P quality.
2.2 MANNER OF SERVICE & COMPLETION:
The PRODUCER shall control the manner in which the episodes are produced, performed, and completed, and shall be responsible for scheduling, timeframe, and resources. The PRODUCER shall have exclusive right to decide on the people that need to be retained for the purpose of completing the episodes.
2.3 TERMINATION OF AGREEMENT BY GUEST:
The GUEST may terminate this Agreement within 60 days of automatic renewal of the Agreement by submitting written notice of termination.
2.4 TERMINATION OF AGREEMENT BY THE PRODUCER:
The PRODUCER may terminate this Agreement at any time for any reason with or without cause by providing the GUEST notice of Agreement termination in writing.
2.5 DEFINITION OF TYPE OF SHOW:
The Real Estate 101 Podcast is a digital podcast streaming online at: (www.real-101.com), on 3rd party websites, social media platforms, video sharing websites and platforms, and any other distribution channels the PRODUCER distributes/shares the episodes at its sole option.
2.6 LICESENSING & DISTRIBUTION:
The PRODUCER reserves the sole right to license or distribute all content of the show to including but not limited to any media platform, production company, distribution company or channels, or TV networks and companies.
2.7 PRODUCTION/OWNERSHIP BY:
The Real Estate 101 Podcast, and all of its property including but not limited to registered or unregistered trademarks, trade name, websites, graphics, episodes, webinars, and more are owned and produced by THESEUS ENTERTAINMENT LTD.
2.8 FORFEITURE OF EPISODES:
The GUEST shall have the ability to book filming of their episodes according to the available time slots provided by the PRODUCER. In the event that the GUEST does not show on time, or misses their scheduled shooting time, the PRODUCER will not be held liable, and the GUEST will forfeit their right to that episode. The GUEST agrees to arrive 15 minutes prior to shooting and have all material for that episode prepared and on hand.
2.9 NON- DISCLOSURE AND CONFIDENTIALITY:
In consideration of receiving or exchanging confidential information, the GUEST agrees to hold and treat the confidential information in the strictest confidence and agree not to disclose the confidential information to any party who has not been authorized under this Agreement to receive the confidential information without prior written consent from the PRODUCER.
3.0 NON-CIRCUMVENTION AGREEMENT:
3.0a) The GUEST acknowledges that through this Agreement and the delivery of the Services it will gain access to and knowledge of the PRODUCER, our employees, agents, officers, directors, staff, contractors, subcontractors, production crews, suppliers, advertisers, partners, distributors, marketing systems, strategies and techniques, lead generation systems, and the operations of the PRODUCER and our business.
3.0b) The GUEST agrees and warrants that during the term of this Agreement and for a period of three (3) years after the termination of this Agreement it will not directly or indirectly in any individual, GUEST or participatory capacity solicit or interfere in any way with any party associated with the PRODUCER and the Production of The Real Estate 101 Podcast at any time during the term of this Agreement.
3.0c) The GUEST also agrees that during the term of this Agreement and for a period of three (3) years after the termination of this Agreement it will not directly or indirectly in any individual, GUEST or participatory capacity, solicit or interfere in any way with the PRODUCER, our employees, guests, agents, officers, directors, staff, contractors, subcontractors, production crews, suppliers, advertisers, partners, distributors, marketing systems, strategies and techniques, lead generation systems, and the operations of the PRODUCER and our business.
3.0d) The GUEST agrees not to circumvent or attempt to circumvent any Party who is or may be associated directly or indirectly with the production of the podcast.
3.0e) In the event of either direct or indirect circumvention by the GUEST to any part of section 3.2 or of this entire Agreement, if proven to be intentional and commissions have been lost, the PRODUCER will be entitled to monetary compensation, plus expenses, including but not limited to legal expenses that may be incurred while attempting to recover lost revenues without the necessity of proving actual damages.
The GUEST agrees to defend, indemnify and hold harmless the PRODUCER and its respective employees, contractors, officers, directors, agents, vendors, and 3rd party providers from and against any and all liabilities, claims and expenses, including attorneys’ fees, that arise as a result of or in relation to your relationship with The Real Estate 101 Podcast and this Agreement, or claims of third parties for which the Guest is directly responsible for the loss or the claims.
This Agreement may not be assigned or transferred by the GUEST to any other party without the prior written consent of the PRODUCER. The PRODUCER may assign this Agreement and all rights and/or obligations hereunder to any third party without notice for any purpose including without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale of the business or assets to another party or entity.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. In case of dispute regarding the enforcement or interpretation of any part of this Agreement, the winning party shall be entitled to their legal costs.
3.5 MODIFICATIONS IN AGREEMENT:
Any modification of any section of this Agreement shall be effective and binding only if agreed in writing and signed by both parties.
3.6 GOVERNING LAW:
This Agreement shall be construed in accordance with the laws of the Province of ONTARIO, without regard to the jurisdiction in which any action or special proceeding may be instituted.
3.7 FORCE MAJEURE:
The PRODUCER shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the PRODUCER such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
3.8 ENTIRE AGREEMENT:
This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior Agreements or understandings of the Parties pertaining to that subject matter. No supplement, modification or waiver or termination of this Agreement will be binding unless executed in writing by the Party to be bound thereby.
3.9 NO WAIVER:
3.9a) The failure of the PRODUCER to require or enforce strict performance by the GUEST of any provision of the Terms of Agreement or failure to exercise any right under them shall not be construed as a waiver or relinquishment of the PRODUCER’s right to assert or rely upon any such provision or right in that or any other instance.
3.9b) The express waiver by the PRODUCER of any provision, condition, or requirement of the Terms of Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
A GUEST who retires or withdraws from the show shall not directly or indirectly engage in a business which is or which would be competitive with the existing or then anticipated business of Real Estate 101 for a period of one (1) Year.
4.1 INTELLECTUAL PROPERTY RIGHTS:
4.1a) The names and logos, and other graphics, icons, and service names associated with The Real Estate 101 Podcast are trademarks, registered trademarks or trade dress of The Real Estate 101 Podcast or its licensors or principals in Canada and/or other countries. The Real Estate 101 Podcast trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of The Real Estate 101 Podcast, or in any manner that is likely to cause confusion among consumers or that disparages or discredits the podcast.
4.1b) The compilation of all content on The Real Estate 101 Podcast is the exclusive property of the PRODUCER and is protected by the laws of the Province of Ontario, and international copyright laws. You may not use, copy, transmit, modify, disseminate, distribute, or create any derivative works from any content from The Real Estate 101 Podcast unless we have expressly authorized you to do so in writing.
4.1c) All other trademarks or trade names not owned by The Real Estate 101 Podcast that appear on the podcast are the property of their respective owners, who may or may not be affiliated with or connected to The Real Estate 101 Podcast. If you fail to adhere to these Terms of Agreement, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on The Real Estate 101 Podcast, you agree to indemnify and hold harmless Real Estate 101 and its employees, contractors, officers, directors, agents, vendors, and content providers.
4.2 LIMITATIONS ON LIABILITY:
The GUEST specifically acknowledges that The Real Estate 101 Podcast is not liable and agrees not to seek to hold the PRODUCER liable, for the conduct of third parties, including operators of social networking and other external sites. Further, the GUEST agrees that the PRODUCER shall not be liable for any details including but not limited to photos, price, and other information presented by them on the show and they shall be solely responsible for all the material they provide to The Real Estate 101 Podcast.
4.3 RIGHTS OF THE PRODUCER:
- The PRODUCER shall have absolute and exclusive intellectual property rights on the content, graphics, icons, videos, and service names associated with The Real Estate 101 Podcast, and the PRODUCER shall have exclusive and absolute rights to use the content, license it, promote it or sell it;
- The PRODUCER shall have exclusive right to post advertisements on the videos, and the GUEST shall not be entitled to any revenues from the show;
- The PRODUCER shall have all the legal rights to launch criminal or civil proceedings for damages in case of the breach of the contract; and
- If it is found that Guest, directly or indirectly, exploits the episode(s) for financial gain outside of The Real Estate 101 Podcast, the Guest will be liable for damages, in addition to any and all revenue generated from those videos.
Signatories to this Agreement hereby acknowledge that they have read and understand the terms of this Agreement, and acknowledge having full legal authority to execute the document in the name of the party for which they have given their signature. It is further agreed that faxed or electronically executed copies of this instrument are deemed as legally binding as the original.
By placing an order, I the CLIENT acknowledge, represent, and agree that this order is to be implemented, authorize payment under the plan selected, and agree to be bound by all the Terms and Conditions of this Agreement.