Christian Podcasters Association Editing Services Terms & Conditions
Effective date:Â April 5, 2024
Please READ carefully. By purchasing Christian Podcasters Association’s Editing Services Podcast Audit, the following Terms and Conditions are entered into by Get Curious Media, LLC (“Editor”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.
This Podcast Production Agreement (“Agreement”) is effective as of the date of your purchase.
WHEREAS, Editor represents, warrants, and covenants to Client that Editor performs services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and will devote adequate resources to meet its obligations under this agreement.
WHEREAS the Client desires to obtain the benefit of the services of the Editor, and the Client desires to render such services on the terms and conditions set forth.
IN CONSIDERATION of the promises and other good and valuable consideration (the sufficiency and receipt of which are hereby acknowledged) the parties agree as follows:
1. GRANT OF RIGHTS
Editor and Client agree that each podcast, and all derivatives thereof (but not including the underlying interviews), (collectively "Works") shall constitute "works made for hire" as that term is defined under 17 U.S.C. sec. 101, and the author and owner of the Works is deemed to be the Client (or its authorized designee).
In any event, Editor does hereby assign, transfer and set over to Client, its successors and assigns, one hundred percent (100%) of Client’s entire right, title and interest, including without limitation any and all so-called "moral rights," in and to the Works, together with all copyrights therein and thereto throughout the world and any and all renewals and extensions of copyright therein now known or hereafter existing under any law, rule, statute and/or regulation now known or hereafter enacted or promulgated, and including without limitation the exclusive right to administer such copyrights.
The Works shall be the sole and exclusive property of Client in perpetuity, free from any claim whatsoever by Editor. Editor will execute and deliver to Client such instruments of transfer and other documents regarding the rights of Client in the Works as Client may reasonably request to carry out the purposes of this agreement and Editor will sign any and all necessary documents to effectuate the disposition of same.
Client shall have the unlimited, perpetual right to exploit the Works for all purposes by any means or media now or hereafter devised, and in any form whatsoever, under any trademarks, trade names and labels with no additional compensation payable to Editor other than as stated herein, it being understood that Editor shall have the right to grant and negotiate and grant all licenses sought and obtained for derivative works.
Neither the expiration or termination of the agreement pursuant to which the Works were produced shall affect the ownership by Client being understood, however, that the Recordings shall remain the sole and exclusive property of Editor until all monies, as mentioned below in paragraph 3(a), due Editor by Client are received by Editor."
2. RECORDING SESSIONS
Recording sessions for the podcasts shall be conducted by Client under this Agreement at such times and places as shall be designated by Client. Recording sessions for the podcast will be conducted by Client at Client’s sole cost and expense. Client shall pay all Recording Costs (“Costs”) of the podcasts recorded hereunder as and when due. Editor shall not be required to attend recording events. Editor shall deliver to Client upon completion a commercially satisfactory copy for Client to use on Client’s designated platform.
3. COMPENSATION
In consideration for Editor's services hereunder, Client agrees to pay Editor a fee based on Schedule A below.
4. DELIVERABILITY
Editor will deliver edited Works according to the agreement on Schedule A below.
5. NO ADDITIONAL COMPENSATION; ACCREDITATION
a. The compensation set forth in Schedule A is full and complete payment to Editor for all services and rights in respect of the Work. No additional sums will be due to Editor or any other entity as a result of the exploitation of the Works.
b. As additional consideration, Client shall use it’s best efforts to have Editor credited as a "Editor" and shall give Editor appropriate production credit on all recordings manufactured which are now known or created in the future. Such credit shall be in substantial form: "Edited by Christian Podcasters Association Productions.” If Client fails to comply with this clause in any instances or sole obligation to Editor by reason of such failure, the Editor's sole remedy is to have Client add the appropriate credit.
6. WARRANTIES AND REPRESENTATIONS
Editor and Client hereby make the following representations and warranties:
a. Editor has the full right and ability to enter into this Agreement, and is not under any disability, restriction, or prohibition with respect to the grant of rights hereunder.
b. Editor warrants that the manufacture, sale, distribution, or other exploitation of the podcast(s) hereunder will not infringe upon or violate any common law or statutory right of any person, firm, or corporation; including, without limitation, contractual rights, copyrights, and right(s) of privacy and publicity and will not constitute libel and/or slander. The foregoing notwithstanding, Editor undertakes no responsibility whatsoever as to any elements added to the Works by Client, and Client indemnifies and holds Editor harmless for any such elements.
c. Editor warrants that he shall not "sample" (as that term is commonly understood in the recording industry) any copyrighted material or sound recordings belonging to any other person, firm, or corporation (hereinafter referred to as "Owner") without first having notified Client and obtaining Client’s consent. Client shall have no obligation to approve the use thereof; however, if approved, any payment in connection therewith, including any associated legal clearance costs, shall constitute an additional recording cost and expense and shall be borne by Client, recoupable from royalties hereunder. Knowledge by Client that "samples" were used by Editor which were not affirmatively disclosed by Editor to Client shall shift, in whole or in part, the liability for infringement or violation of the rights of any third party arising from the use of any such "sample" from Editor to Client. At Client’s request, Editor shall cooperate with respect to any matters concerning "sampling" which may arise hereunder.
d. Client Representation and Warranties on Music Licensing:
i. The Client represents and warrants that all music provided by the Client for use in the production of the podcast is legally licensed for such use. The Client guarantees that these licenses specifically cover synchronization and public performance rights as required for the podcast’s distribution and consumption.
ii. Liability: The Client shall assume all liability for any and all claims arising from any misuse or alleged misuse of the music licenses. The Client agrees to indemnify, defend, and hold harmless The Editor, its affiliates, officers, agents, employees, and permitted successors and assigns against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, that are incurred by the Editor arising out of any claim of music license infringement or breach of this warranty.
7. INDEMNIFICATION
a. Indemnification in General. The rights to indemnification and to be held harmless set forth in this Agreement, as between the parties hereto and their respective successors and assigns, shall be exclusive of all rights to indemnification and to be held harmless that such party (or its successors or assigns) would otherwise have by statute, common law or otherwise. All indemnification rights contained in this Agreement shall survive the termination of this Agreement.
b. Indemnification by Podcaster. Podcaster will at all times indemnify, defend and hold harmless Company, its affiliated entities and their respective officers, directors, shareholders and agents, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of any material misrepresentation in or material breach of this Agreement by Podcaster, against Company, its parent, officers, directors, shareholders or affiliated entities. Company shall notify Podcaster promptly of any such claim as to which the foregoing indemnity applies.
c. Indemnification by Company. Company will at all times indemnify, defend and hold harmless Podcaster, and Podcaster’s agents and representatives from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of the broadcast and/or use of the Podcast hereunder, or the material breach by Company of any agreement or obligation hereunder.
d. Indemnification Procedures. In the event that any party may be entitled to indemnification hereunder with respect to any asserted claim of, or obligation or liability to, any third party, such party shall notify the indemnifying party thereof, describing the matters involved in reasonable detail, and the indemnifying party shall be entitled to assume the defense thereof with counsel reasonably satisfactory to the indemnified party; provided, that once the defense thereof is assumed by the indemnifying party, the indemnifying party shall keep the indemnified party advised of all developments in the defense thereof and any related litigation, and the indemnified party shall be entitled at all times to participate in the defense thereof at its own expense.
8. SEVERABILITY
If any provision of this Agreement shall, for any reason be illegal or unenforceable, then and in such event, the same shall not affect the validity of remaining portions and provisions of the Agreement.
9. RIGHT TO REFUSE SERVICE
The Editor reserves the right to refuse to offer service for episodes that are of low moral quality as judged by The Editor, including but not limited to (a) use of expletives such as the so-called “seven dirty words” which are the subject of the Supreme Court Pacifica decision; (b) Gratuitously or graphically describing sex acts, sexual organs or excretory functions in a manner that would appeal to a prurient interest in sex; and (c) Pruriently discussing topics regarding indecency.
10. STORAGE OF AUDIO FILES
After a podcast episode is complete and handed off to The Client, The Editor does not store the associated project files for longer than 30 days. All project files may be purged after 30 days. The Editor does not absorb the cost of increasing data storage. The Editor does not keep backup files.
11. RELATIONSHIP OF PARTIES
Nothing contained herein shall be construed to constitute a partnership or joint venture between the parties hereto, and neither Editor or Client shall become bound by any representation, act, or omission of the other.
12. NOTICES
All notices which either party may desire or be required to give hereunder, shall be in writing and sent by certified mail postage prepaid. Notice shall be deemed effective five (5) days after posting.
13. CHOICE OF LAW
This Agreement shall be deemed entered into within the State of Colorado and shall be construed in accordance with and governed by the laws of that State and/or by U.S. federal law.
14. ARBITRATION FEES
If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Arapahoe County, Colorado. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Arapahoe County, Colorado. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
15. FORCE MAJEURE
In the event either party is unable to perform its obligations under the terms of this Contract because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party will not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes.
16. ENTIRE UNDERSTANDING
This agreement contains the entire understanding between Editor and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
17. HEADINGS
The headings set forth herein are for convenience only and shall not be construed as defining the terms and conditions contained hereunder or utilized to assist in the interpretation of any ambiguity or ambiguities contained in any of the provisions of this Agreement.
18. ENFORCEABILITY
If any of the provisions of this Agreement are found to be unenforceable, the remainder will be enforced as fully as possible and the unenforceable provision(s) will be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
19. LEGAL REPRESENTATION
Client and Editor acknowledge that each has read and fully understand the contents of this Agreement and/or have had the contents fully explained to them. Each has further been advised that it is their right to have this Agreement reviewed and explained by an attorney of their own choosing and at their own expense before executing the same; however, any individual’s failure to do so will not affect the validity of this Agreement.
20. CANCELLATION OF SERVICE AND REFUND POLICY
Client may cancel recurring payments at any time by going to the customer portal and cancelling the payment. Individual episode payments must be made before service is rendered. Delivery of raw audio in a timely fashion is the responsibility of The Client. Timely fashion will be considered 30 days from purchase. Any unused editing services will remain available for 30 days after the last payment made. Failure to deliver raw audio within 30 days of purchase forfeits the service.
No refunds shall be issued for unused services.
Schedule A – Included Services, Non-Included Services, Fees, & Deliverability
1. Services Included in Podcast Editing
a. Editing of up to 60 minutes of raw recorded audio
b. “Raw” describes unedited audio. After editing, the file may be shorter, but the length of the unedited audio is the determiner.
c. Recorded audio may include up to three participants. More than three participants requires special consideration and should be negotiated directly with The Editor.
d. Editing covers the removal of mistakes, long pauses or silence, coughs or breaths, as indicated by the client’s preference. The Client needs to make The Editor aware of any special editing needs or requirements.
e. Addition of music, introduction, outro music, and advertisements.
2. Services Not Included in Podcast Editing
a. Video editing services
b. Transcription services
c. Episode scheduling and/or release management
d. Promotional services
e. Marketing services
f. Graphic design services
g. Podcast launching services
h. Coaching services
i. Hosting services
j. File storage services (see Section 10 above)
k. Some of the above services may be provided by The Editor for an additional fee under a separate agreement.
3. Services Included in Video Editing Services
a. Editing of up to 60 minutes of raw video files provided by The Client.
b. Light editing including removal of mistakes, long pauses or silence, coughs, or other sections specified by The Client.
c. Addition of video introduction, music, and video outro.
A. Turnaround and Delivery
a. Turnaround refers to how long it takes The Editor to return the edited audio files back to the client for use.
b. The Client will be provided with a Google Drive or Dropbox folder (or other similar online storage service).
i. The Client will upload digital assets required to edit their episode including but not limited to: introduction audio, music, advertisements, podcast content, and outro.
ii. The Client is responsible for notifying The Editor via an email to [email protected] when an episode is uploaded and the turnaround time starts from the timestamp of the email.
c. The Editor will edit and return Client’s audio within seven (7) business days. The Editor will then respond to the Client’s email to notify them of the completed work.
B. Rush Request Policy
a. Any request to finish audio editing in less than the seven (7) business day turnaround is considered a “rush request” and may be completed if the following two conditions exist:
i. The Editor agrees to the request.
ii. A $50 fee invoiced and paid separate from regular payments is made.
b. Rush request turnaround may be up to 2 business days.
C. Fees
a. Standard editing services include 4-5 episodes per month at the rate of $400.00 per month.
b. Individual (single) episodes may be edited at the rate of $125.00 per episode.
c. Standard video editing services include 4-5 per month at the rate of $550.00
d. Arrangements for alternate release schedules, including more often or less often per month, may be negotiated directly with The Editor.
e. Fees may be updated with 30 days notice to The Client.
Contact Us
If you have any questions, concerns or complaints about this [[ Insert Policy Name Here ]], please contact us:
- By email:Â ericnevins @ ChristianPodcastersAssociation.com
- By visiting this page on our website:Â ChristianPodcastersAssociation.com
- By phone number:Â 720-982-9834
- By mail: 7931 S. Broadway #248, Littleton, CO 80122
