THIS RELEASE, WAIVER, INDEMNITY & HOLD HARMLESS AGREEMENT AND AUTHORIZATION & RELEASE (this “Agreement”) is made and entered into by and among The Meta-Center, Inc., the “Metaphysic’s Speaks” podcast and any of their affiliates, (together, the “Companies”), and the person or entity named on the submission page, including all related and associated persons (the “Guest”). Companies and Guest are sometimes referred to herein collectively as the “parties” and individually as a “party.”
WHEREAS, the Companies desire the opportunity to host the Guest on one or more radio shows and/or podcasts produced or controlled by the Companies (singularly referred to as a “Show” or plurally as the “Shows”) and the Guest desires to appear on the Shows as a guest; and WHEREAS, the Companies have provided the Guest temporary permission to be present at the Shows, pursuant to the terms and conditions hereof, and such other agreements as exist between the parties.
NOW THEREFORE, for and in consideration of the premises and the agreements, covenants, representations, and warranties hereinafter set forth and other good and valuable consideration, the receipt and adequacy of which are forever acknowledged and confessed, the parties, intending to be legally bound hereby, agree as follows:
Permission. Appearance on the Shows by Guest is within the sole and absolute discretion of the Companies. This Agreement does not guarantee an appearance on the Shows by Guest. Nor does this Agreement guarantee any play or performance through any media of recorded Shows on which Guest was interviewed. Any permission to appear on the Shows granted to Guest by the Companies may be revoked at any time, and such permission will automatically terminate as of the date described in any communication from the Companies to the Guest, whether in writing, by telephone, electronic media, or otherwise.
2) Guest Representations. Guest understands and agrees that the Companies would not permit Guest to be interviewed for the Shows or appear on the Shows unless Guest agrees to the terms of this Agreement and executes this Agreement as set forth herein. Guest understands and agrees to comply with all directives of the Companies and all applicable statutes, ordinances, regulations and other laws or rules while on the Shows or traveling to or from the Shows. Guest acknowledges and agrees that any statements made by Guest related to the Shows may appear in the public domain and will be broadcast on the radio and through
the internet, possibly on multiple occasions. Guest represents and warrants that Guest has valid permission to share any information shared or described by Guest during interviews, discussions or recordings for the Shows, or at any other time.
3) Guest Assumption of Risk. In voluntarily choosing to participate in recording or publishing the Shows, Guest understands and acknowledges any and all risks associated with, related to, or arising out of such appearance or participation. Guest appreciates the risk and danger of harm, and Guest voluntarily assumes any and all such risks. Guest further fully and freely waives notice of, acknowledges and assumes any and all dangers and risks, whether known or unknown, which may result in damage to Guest, personal injury or death, or reputational harm to Guest or any persons related to Guest. Further, Guest will give notice of any
dangers and risks to parties related to Guest. Guest agrees that none of the Companies, nor any of its or their employees, agents, members, managers, owners, officers, directors or other representatives, or any of their successors or assigns, (the “Released Parties”), have any duty to make safe any part of the Shows or the appearance thereon by Guest.
4) Waiver, Release, Indemnification. Guest voluntarily waives, releases, discharges, and covenants not to sue the Released Parties, and will assume liability for, indemnify, defend and hold harmless the Released Parties from any and all suits, actions, claims, causes of action, demands, damages, liabilities, obligations, losses, penalties, expenses, court costs, and attorneys’ fees of whatever kind and nature imposed on, asserted against, or incurred by the Released Parties, whether arising out of or relating to any loss, damage or injury, including bodily injury or death, reputational harm, libel, defamation, or other claim that may be sustained by Guest, Guest’s family, and related or associated persons, whether caused by the negligence of the Released Parties or from whatever cause, while appearing on the Shows, or any discussions or meetings related thereto, or while in, on, or upon the premises of the Companies, or while in transit to or from the Shows, and whether or not caused in whole or in part by (i) the condition of the premises of the Companies, or (ii) the actual or alleged negligence or other fault of any Released Parties, their invitees or licensees. Guest hereby irrevocably grants to the Companies a royalty‐free, fully paid‐up, perpetual, transferable, worldwide non‐exclusive license (with the right to sublicense) to make, have made, copy, modify, make derivative works of, use, offer to sell, sell, import and otherwise distribute any or all work product or intellectual property rights of whatever nature, and whether registered or unregistered, which are used in the Shows, relate to the Shows, or are created or utilized in preparation for the Shows. Guest further agrees to pay all other reasonable costs incurred by the Companies in securing the performance by Guest of all terms, conditions, or covenants of this Agreement.
5) Assignment and Delegation Prohibited: Guest shall be absolutely prohibited from assigning or delegating (or attempting to assign or delegate) this Agreement (or any right, obligation or performance hereunder).
6) Binding Agreement. Guest agrees that this Agreement will be binding on Guest, Guest’s representatives, family, affiliates, assigns, and any person on or about the Shows while Guest is permitted access to the Shows.
7) Miscellaneous. Guest agrees that in the event any part of this Agreement shall be held to be invalid or unenforceable to any extent, the same shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or other electronic transmission shall be deemed to be their original signatures for all purposes. This Agreement will be governed by and construed under the laws of the state of Illinois without regard to conflicts‐of‐laws principles that would require the application of any other law.
Guest has read the above and foregoing Agreement and fully understands its contents and binding effect and Guest is submitting their information knowingly and voluntarily.
The content provided by and through Metaphysic’s Speaks (MS), including but not limited to commentary on health, finance, spirituality, life changing decisions, and rules, are subject to revision, interpretation, or even nullification after the date of recording.
The following podcast is a work of fiction. Names of people, businesses, characters, places and incidents appearing or mentioned in this work are either products of the author’s imagination or are used fictitiously, for entertainment purposes only. Any resemblance to actual events, names, locales or real persons, living or dead, is entirely coincidental. In addition, all company names mentioned within the podcast are trademarks™ or registered® trademarks of their respective holders.
Use of any trademarks or other names in the program does not constitute or imply any affiliation with or endorsement by them in any manner whatsoever.
The views and opinions expressed are solely those of the original authors and other contributors.
The theatrical nature of the podcast content should be construed as a work of fiction.
Copyright @ Metaphysic’s Speaks, 2021.
Any reproduction or illegal distribution of the content in any form will result in immediate action against the person concerned.