This Guest Appearance and Media Release Agreement (the "Agreement") governs participation in any podcast, interview, recording session, photography session, video production, livestream, or related media activity involving Podforge Studios or Upstate Collective.
"Producer" means Podforge Studios, Upstate Collective, and their respective owners, employees, contractors, affiliates, successors, licensees, distributors, and authorized service providers. "Guest" means the participating individual. By checking an agreement box, submitting an application, electronically signing, scheduling, or knowingly participating in a recording, Guest accepts this Agreement.
1. Recording and Appearance Authorization
Guest authorizes Producer to record, photograph, film, capture, and transcribe Guest's name, professional title, voice, statements, image, likeness, biographical information, performance, interview, presentation, stories, opinions, experiences, perspectives, and any materials Guest voluntarily provides during a production (collectively, the "Media").
This authorization includes the scheduled recording and reasonable behind-the-scenes capture before, during, and after the session.
2. Editing and Creative Authorization
Producer may edit, arrange, shorten, excerpt, caption, subtitle, crop, resize, enhance, combine, adapt, reproduce, and format the Media at Producer's discretion. Authorized uses include:
- Full podcast or video episodes and edited versions
- Vertical videos, short-form clips, reels, teasers, trailers, audiograms, quotes, transcripts, summaries, articles, show notes, thumbnails, and promotional graphics
- Behind-the-scenes footage, bloopers, lighthearted moments, and funny, emotional, or powerful moments
- Advertisements, sponsored promotions, compilations, portfolios, and other derivative works
Producer may edit for length, clarity, pacing, storytelling, accessibility, marketing, and platform requirements and is not required to present the Media in complete or chronological form. Producer will not knowingly alter Guest's statements to create a materially false or defamatory meaning.
3. Publication and Distribution
Guest grants Producer a perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free right and license to publish, reproduce, display, perform, transmit, stream, distribute, syndicate, advertise, promote, archive, and otherwise use the Media and derivative works in any lawful medium now known or later developed.
This includes podcast and RSS platforms, Apple Podcasts, Spotify, YouTube, websites, email, Instagram, Facebook, TikTok, LinkedIn, X, paid and organic advertising, streaming and syndication services, presentations, events, and future distribution networks. Producer may use contractors, platforms, and distribution partners to carry out these purposes.
4. Ownership and Intellectual Property
Producer owns the recordings, raw files, master files, production files, edited episodes, promotional assets, and derivative works created from the Media. To the extent permitted by law, Guest assigns to Producer any rights Guest may acquire in the recorded contribution; if an assignment is not legally effective, Guest grants Producer the exclusive license necessary to exercise the rights in this Agreement.
Guest retains ownership of Guest's pre-existing intellectual property, brand assets, and materials. This Agreement does not transfer general ownership of Guest's identity outside the Media and the authorized uses described here.
5. Name, Likeness, and Promotional Use
Producer may use Guest's name, title, organization, approved biographical information, voice, image, and likeness to identify Guest; promote an episode, series, platform, or event; advertise Podforge Studios or Upstate Collective; demonstrate production services; and display work in websites, portfolios, social channels, and paid or organic campaigns.
Advance approval of each use is not required. Producer may tag Guest or Guest's organization when appropriate.
6. Editorial Discretion
Producer has sole discretion over whether, when, where, and how Media is edited, published, promoted, distributed, monetized, archived, or discontinued. Producer has no obligation to publish a complete recording, use any particular segment, provide raw files, provide a preview, obtain approval of final edits, keep content online for a minimum period, or provide performance reports.
If Producer offers a courtesy preview or correction opportunity, it does not create an ongoing approval right.
7. Voluntary Participation and Compensation
Guest's participation is voluntary. Unless Producer and Guest sign a separate written agreement, Guest will not receive a fee, royalty, residual, license payment, revenue share, or other monetary compensation and has no financial or property interest in the final product or its earnings. Producer may monetize the Media.
Any exposure, brand visibility, networking, or promotional value is consideration for participation, but Producer does not guarantee audience growth, exposure, leads, sales, or other business results.
8. Guest Statements and Warranties
Guest represents and warrants that Guest is at least 18 years old or has valid parent or guardian authorization; has authority to enter this Agreement; will present statements as honest opinion, belief, knowledge, or experience; will not knowingly make false, defamatory, threatening, or materially misleading statements; will not infringe another person's copyright, trademark, privacy, publicity, confidentiality, or other rights; has permission to provide any supplied materials; and will not disclose trade secrets, protected health information, privileged information, or other information Guest is prohibited from revealing.
Guest understands that the recording is not confidential.
9. Third-Party Materials
If Guest supplies photographs, logos, music, video, writing, presentation materials, or other content, Guest grants Producer a nonexclusive, worldwide, royalty-free license to use, edit, and distribute those materials in connection with the production and its promotion. Guest confirms ownership or permission for such use. Producer may decline or remove submitted materials.
10. Release of Claims
To the fullest extent permitted by law, Guest releases and agrees not to bring claims against Producer arising from authorized recording, editing, publication, distribution, advertising, or promotional use of the Media, including claims based on privacy, publicity, use of name, voice or likeness, intellectual property in the recorded contribution, editing, false light, emotional distress, reputational impact, or compensation.
This release does not waive rights that cannot legally be waived or claims based on Producer's willful misconduct.
11. Limited Indemnification
Guest agrees to indemnify and hold Producer harmless from third-party claims, damages, or reasonable costs arising from Guest's material breach of this Agreement, knowing violation of law, unauthorized third-party materials supplied by Guest, or disclosure of information Guest had no right to disclose. This obligation does not apply to Producer's own misconduct or uses outside this Agreement.
12. No Endorsement, Partnership, or Employment
Participation does not create employment, agency, partnership, joint venture, sponsorship, or an endorsement by Producer of Guest's products, services, beliefs, or statements. Guest may truthfully identify the appearance after publication but may not imply a broader endorsement without written permission.
13. Corrections, Removal Requests, and Platform Limits
Guest may notify Producer of a material factual, safety, or legal concern. Producer will review such requests in good faith and may correct, edit, restrict, or remove content at Producer's discretion.
Guest understands that RSS feeds, downloads, search-engine caching, social sharing, reposts, archives, and third-party platforms may prevent complete recall or removal once content has been published. The authorization in this Agreement is irrevocable to the fullest extent permitted by law.
14. Artificial Intelligence and Production Tools
Producer may use artificial-intelligence-assisted and automated tools for transcription, captions, audio cleanup, editing assistance, indexing, clip selection, translation, accessibility, and promotional asset creation.
Producer will not knowingly use these tools to fabricate a deceptive statement Guest did not make or create an unrelated digital replica or voice clone of Guest without separate authorization.
15. Appearance-Related Communications
Guest authorizes Producer to contact Guest by email, telephone, or text for application review, scheduling, preparation, reminders, production updates, release notices, links to published content, and reasonable follow-up related to the appearance. This operational consent is not consent to unrelated recurring marketing. Guest agrees to provide accurate contact information.
16. Age and Guardian Consent
A Guest under 18 may participate only with a separate written authorization from a parent or legal guardian. A parent or guardian accepting on behalf of a minor represents that they have legal authority to do so.
17. Governing Law and Venue
This Agreement is governed by the laws of the State of South Carolina, without regard to conflict-of-law rules. Any dispute must be brought in a court of competent jurisdiction in Anderson County, South Carolina, unless applicable law requires otherwise.
18. Electronic Acceptance
Guest agrees that checking an acceptance box, typing a name, submitting an application containing this Agreement, applying an electronic signature, or otherwise electronically indicating acceptance is intended to serve as Guest's signature and consent under applicable electronic-transactions law, including the South Carolina Uniform Electronic Transactions Act.
Producer may retain the Guest's name, email address, acceptance date and time, IP address, and the version of the Agreement presented as evidence of consent.
19. Entire Agreement; Severability; Survival
This Agreement is the complete agreement concerning the Media unless replaced or supplemented by a later written agreement signed by both parties. If any provision is held unenforceable, the remaining provisions remain effective. A failure to enforce a provision is not a waiver. Provisions concerning rights, ownership, releases, compensation, warranties, indemnification, governing law, and electronic acceptance survive completion of the appearance.