This Podcast Editing Services Agreement (“Agreement”) is entered into effective as of the commencement of services between the Podcaster/Client (the “Producer”) and Adam Linder (the “Editor”) and applies to the performance of editing services by the Editor for the Producer in connection with a podcast the Producer is creating.
1. Engagement to Perform Services. The Producer engages the Editor to perform editing and mixing services (“Services”) in connection with the audio or video editing and mixing of the podcast (the “Work/Podcast”).
2. Production Schedule and Guidelines. The Editor will perform the Services within 5 working days of receipt of the Work from the Producer, as well as further revisions as necessary, unless the Producer has otherwise indicated non-urgency or specified a due date outside of the 5 day period. The Producer may hire third parties to assist in the production and recording of the podcast, including other editors, studio engineers, and narrators or vocal performers. The Editor agrees to work cooperatively and professionally with any such third parties.
3. Producer Approval. The Producer will have the right to approve or reject the Services at any stage of production and upon completion. The Producer agrees to work with the Editor in good faith in connection with the Producer’s right of approval, including making timely and constructive suggestions to help the Editor deliver the Services to Producer's specifications.
4. Payment Terms. As full consideration for the Services performed by the Editor under this Agreement, and provided the Editor is not in breach of this Agreement, the Producer will pay the Editor the amount invoiced for the Services, within 7 days of the Editor’s completion of the Services and the Producer’s final approval thereof. Unless specified otherwise in writing by the Producer, the Editor is responsible for all of the Editor’s own costs and expenses in performing the Services.
5. Termination.
6. Ownership. The Editor understands and agrees that all rights, titles, and interest in the Work is owned and controlled by the Producer. The Editor further understands and agrees that the Services have been specially ordered and commissioned by the Producer on behalf of the Rights Holder. The Editor agrees that all work product produced by the Editor while performing the Services, including any unfinished audio editing of the podcast (collectively, the “Work Product”) is a “work made for hire” to the full extent permitted by law, with all copyrights in the Work Product owned by the Rights Holder. The Editor agrees that all rights, titles, and interest in and to such Work Product will be owned, immediately upon creation, exclusively by the Rights Holder. To the extent that any Work Product of the Editor would not qualify as a work made for hire under applicable law, the Editor hereby assigns to the Rights Holder all rights, titles and interest the Editor may have in and to such Work Product, including all copyright, rights of authorship or rights of publicity in the Work Product. The Editor will execute any additional documents required by the Producer or the Rights Holder to establish such ownership or assignment to the Rights Holder. In the event of any termination of this Agreement prior to the Editor’s completion of the Services, the provisions of this Agreement regarding ownership will apply with respect to any portion of the Services that might have been completed prior to such termination.
7. Representations and Warranties. The Producer and the Editor represent and warrant that: (a) the Producer and the Editor is free to enter into the Agreement and to perform the Editor’s obligations as required by this Agreement, (b) the Editor and the Producer have made no agreements or commitments that prevent or interfere with the performance of the Editor’s obligations under the Agreement, and (c) neither the Services nor the materials used to provide the Services will infringe upon or violate the intellectual property rights or any other statutory or common law rights of any third party. The Producer warrants, for the benefit of the Editor, and the Rights Holder, that the Producer has all rights required for the Editor to perform the Services pursuant to the Agreement and for the Rights Holder to make the Podcast available for production and distribution.
8. Independent Contractor. The Editor will provide the Services to the Producer on an independent contractor basis. The Editor is solely responsible for the payment of all taxes applicable to all sums paid to the Editor hereunder. The Editor will have no authority to bind the Producer, or the Rights Holder in any way or to make any commitments to anyone on behalf of the Producer, or the Rights Holder without their prior written consent.
1. Engagement to Perform Services. The Producer engages the Editor to perform editing and mixing services (“Services”) in connection with the audio or video editing and mixing of the podcast (the “Work/Podcast”).
2. Production Schedule and Guidelines. The Editor will perform the Services within 5 working days of receipt of the Work from the Producer, as well as further revisions as necessary, unless the Producer has otherwise indicated non-urgency or specified a due date outside of the 5 day period. The Producer may hire third parties to assist in the production and recording of the podcast, including other editors, studio engineers, and narrators or vocal performers. The Editor agrees to work cooperatively and professionally with any such third parties.
3. Producer Approval. The Producer will have the right to approve or reject the Services at any stage of production and upon completion. The Producer agrees to work with the Editor in good faith in connection with the Producer’s right of approval, including making timely and constructive suggestions to help the Editor deliver the Services to Producer's specifications.
4. Payment Terms. As full consideration for the Services performed by the Editor under this Agreement, and provided the Editor is not in breach of this Agreement, the Producer will pay the Editor the amount invoiced for the Services, within 7 days of the Editor’s completion of the Services and the Producer’s final approval thereof. Unless specified otherwise in writing by the Producer, the Editor is responsible for all of the Editor’s own costs and expenses in performing the Services.
5. Termination.
- By Editor. The Editor may terminate this Agreement by giving the Producer 48 hours written notice prior to the date on which the Editor is scheduled to commence services. In such case, the Producer will owe no payment to the Editor.
- By Producer. The Producer may terminate this Agreement by provision of written notice of termination to the Editor if the Producer is not satisfied with the final edited recording of the podcast, subject to payment of a termination fee equal to 50% of the cost of Editor's Services based on the invoiced fee set forth in Section 4, provided that if the Producer uses more than 50% of the finished audio edited by the Editor in the podcast, the Producer must pay the Editor the full amount for the Editor’s Services performed under this Agreement, based on the invoiced fee set forth in Section 4.
6. Ownership. The Editor understands and agrees that all rights, titles, and interest in the Work is owned and controlled by the Producer. The Editor further understands and agrees that the Services have been specially ordered and commissioned by the Producer on behalf of the Rights Holder. The Editor agrees that all work product produced by the Editor while performing the Services, including any unfinished audio editing of the podcast (collectively, the “Work Product”) is a “work made for hire” to the full extent permitted by law, with all copyrights in the Work Product owned by the Rights Holder. The Editor agrees that all rights, titles, and interest in and to such Work Product will be owned, immediately upon creation, exclusively by the Rights Holder. To the extent that any Work Product of the Editor would not qualify as a work made for hire under applicable law, the Editor hereby assigns to the Rights Holder all rights, titles and interest the Editor may have in and to such Work Product, including all copyright, rights of authorship or rights of publicity in the Work Product. The Editor will execute any additional documents required by the Producer or the Rights Holder to establish such ownership or assignment to the Rights Holder. In the event of any termination of this Agreement prior to the Editor’s completion of the Services, the provisions of this Agreement regarding ownership will apply with respect to any portion of the Services that might have been completed prior to such termination.
7. Representations and Warranties. The Producer and the Editor represent and warrant that: (a) the Producer and the Editor is free to enter into the Agreement and to perform the Editor’s obligations as required by this Agreement, (b) the Editor and the Producer have made no agreements or commitments that prevent or interfere with the performance of the Editor’s obligations under the Agreement, and (c) neither the Services nor the materials used to provide the Services will infringe upon or violate the intellectual property rights or any other statutory or common law rights of any third party. The Producer warrants, for the benefit of the Editor, and the Rights Holder, that the Producer has all rights required for the Editor to perform the Services pursuant to the Agreement and for the Rights Holder to make the Podcast available for production and distribution.
8. Independent Contractor. The Editor will provide the Services to the Producer on an independent contractor basis. The Editor is solely responsible for the payment of all taxes applicable to all sums paid to the Editor hereunder. The Editor will have no authority to bind the Producer, or the Rights Holder in any way or to make any commitments to anyone on behalf of the Producer, or the Rights Holder without their prior written consent.