Guest Consent Agreement - Template, Sample Form Online Pro · US-law

GUEST APPEARANCE AND CONSENT AGREEMENT

This Guest Appearance and Consent Agreement (hereinafter the "Agreement") is made and entered into and is effective as of ________ (the "Effective Date"), by and between the following parties:

________, an individual having a primary address at the following:

________
Email: ________
Phone: ________

and ________, having a primary address at the following:

________
Email: ________
Phone: ________

Hereinafter, "Host" shall refer to ________, and "Guest" shall refer to ________. Host and Guest may be referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Host is the host, producer, and operator of a certain broadcast media program (the "Show"), as more fully described below;

WHEREAS, Host wishes to invite Guest to appear on the Show to speak about a particular subject matter (the "Topic"), as more fully described below;

WHEREAS, Guest wishes to appear as a guest on the Show to discuss the Topic;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

§ 1. SCOPE

1.1. This Agreement sets forth the terms and conditions whereby Guest agrees to appear on the Show, as defined below, and to discuss the Topic. Guest shall be engaged on the Show solely for the limited purpose of discussing the Topic.

1.2. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the Parties. Neither Party is, by virtue of this Agreement, authorized as an agent, employee, or legal representative of the other, and neither Party shall have the power to control the activities and operations of the other. The relationship of the Parties shall at all times be that of independent contractors.

§ 2. DESCRIPTION OF GUEST APPEARANCE

2.1. Host hereby engages Guest, and Guest accepts such engagement, to appear on the Show and discuss the Topic (collectively, the "Guest Appearance"). The details of the Guest Appearance are as follows:

Name of Show: ________

Description of Show:

________

Date of Appearance/Taping: ________

Time of Appearance/Taping: ________

Location/Platform of Appearance: ________

Topic:

________

Format of Appearance (e.g., live, pre-recorded): ________

2.2. Except as otherwise specified above, the Parties agree that the Guest Appearance may be recorded and broadcast in accordance with the format described herein.

§ 3. NONEXCLUSIVITY OF ENGAGEMENT

Guest may be engaged or employed in any other business, trade, profession, or activity that does not place Guest in a conflict of interest with Host, even if Guest is engaged in business activities that do or may compete directly with the business of Host.

§ 4. EXCLUSIVITY OF INTERVIEW

Notwithstanding § 3 above, Guest agrees to maintain the exclusivity of the Topic and to refrain from engaging in any other interview regarding the Topic with any other program for a period of ________ following the Guest Appearance.

§ 5. INTELLECTUAL PROPERTY; CONSENT AND RELEASE

5.1. Subject to the terms of this Agreement, all intellectual property created in relation to the Guest Appearance, including without limitation the audio and video recordings of the appearance, marketing materials made before or after the appearance, and any approved likeness of Guest used by Host (collectively, the "Created IP"), shall belong solely and exclusively to Host.

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5.3. Guest hereby releases, discharges, and holds harmless Host and its affiliates, officers, directors, employees, agents, successors, and assigns from any and all claims, demands, and causes of action arising out of or in connection with any use of the Guest Media, including without limitation claims for invasion of privacy, violation of the right of publicity, defamation, false light, and any other intellectual property or personal rights. Guest acknowledges that this release is given knowingly and voluntarily.

5.4. Each Party's pre-existing intellectual property, including trademarks, service marks, copyrights, patents, and any other intellectual property, shall remain the sole property of the Party to whom it originally belonged.

§ 6. GUEST WARRANTIES

6.1. Guest represents and warrants that Guest possesses the knowledge, skill, and experience necessary to perform the Guest Appearance and speak about the Topic, and that Guest's participation and the Guest Media will not infringe upon or violate the rights of any third party.

6.2. Host agrees not to alter the agreed-upon Topic unless such alteration is made in writing and signed by both Parties.

§ 7. FEES AND EXPENSES

7.1. Host agrees to pay Guest a total fee (the "Fee") for the Guest Appearance in the amount of $________ (________).

7.2. The Fee shall be paid as follows: one-half (1/2) of the Fee shall be paid upon execution of this Agreement, and the remaining one-half (1/2) shall be remitted to Guest upon Guest's arrival for the Guest Appearance.

7.3. Host shall cover reasonable expenses related to the Guest Appearance, including travel and lodging. The Parties shall, to the extent practicable, agree upon such expenses prior to the expenses being incurred.

7.4. Host shall reimburse Guest for those reasonable expenses not capable of being quantified prior to expenditure, upon presentation of reasonable documentation.

§ 8. CANCELLATION

8.1. In the event either Party wishes to cancel this Agreement, that Party shall provide the other Party with at least the following amount of notice: ________.

8.2. In the event this Agreement is canceled by Host without proper notice, Guest shall retain any funds advanced. In the event this Agreement is canceled by Guest without proper notice, Guest shall return any funds remitted by Host.

8.3. This Agreement may be immediately terminated in the event of a material breach by either Party that remains uncured for ________ after written notice thereof. This Agreement shall also immediately terminate upon the death of Guest or Host, the inability of Guest to perform because of a sudden and medically documented physical or mental disability, or the filing of any petition by or against Host or Guest under federal or state bankruptcy or insolvency laws.

§ 9. TERM

This Agreement shall automatically terminate upon completion of the Guest Appearance, except for those provisions that by their nature survive termination as provided in § 11.

§ 10. INDEMNIFICATION

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§ 11. SURVIVAL

Any provision of this Agreement which by its terms imposes continuing obligations on either Party, including without limitation §§ 5, 6, 10, 12, and 13, shall survive the termination or expiration of this Agreement.

§ 12. DISPUTE RESOLUTION

In the event of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If such personal resolution attempts fail, the Parties shall submit the dispute to binding arbitration administered in accordance with the rules of ________. The arbitration shall be conducted in the county and state identified in the GOVERNING LAW provision of this Agreement, before a single arbitrator who shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of ________. Each Party shall bear its own costs and fees. Claims subject to arbitration include, without limitation, contract claims, tort claims, and claims based on federal, state, and local laws, ordinances, statutes, or regulations. The Parties hereby waive any right to a jury trial with respect to arbitrable claims. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

§ 13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the internal laws of the State of ________, without giving effect to any choice or conflict of law provision or rule. Each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following county in any legal suit, action, or proceeding arising out of or based upon this Agreement: ________.

§ 14. BENEFIT; ASSIGNMENT

This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, representatives, successors, and permitted assigns. Neither Party may assign this Agreement without the prior written consent of the other Party.

§ 15. NO WAIVER

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. No waiver of any term or condition of this Agreement shall be valid or binding on either Party unless agreed to in writing by the Party claimed to have given the waiver.

§ 16. SEVERABILITY

In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that provision shall be severed from the remainder of the Agreement, and all other provisions shall continue in full force and effect as valid and enforceable.

§ 17. FORCE MAJEURE

Neither Party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including without limitation acts of God, acts of civil or military authorities, riots, embargoes, epidemics, pandemics, natural disasters, and other unforeseen circumstances.

§ 18. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be deemed duly given when delivered personally, sent by nationally recognized overnight courier, or sent by certified or registered mail, return receipt requested, to the addresses set forth above, or to such other address as a Party may designate in writing.

§ 19. HEADINGS

Headings to this Agreement are for convenience only and shall in no way affect the provisions themselves or be construed in any way that would limit or otherwise affect the terms of this Agreement.

§ 20. ENTIRE AGREEMENT; MODIFICATION

This Agreement embodies the entire agreement between Host and Guest relating to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. This Agreement may be changed, modified, or discharged only by a writing signed by both Parties.

20.1. This Agreement may be executed in one or more counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

HOST:

Printed Name: ________

Signature: ______________________________________

Date: ________

GUEST:

Printed Name: ________

Signature: ______________________________________

Date: ________