This contract is an agreement between Summit Podcasting (“provider,” “we,” “our,” or “us”) and NAME OF CLIENT (“recipient” “client” or “you”) for the production and delivery of materials related to PODCAST NAME, described in more detail in Section 1 below. It is made effective as of DATE and will remain in effect for the entirety of our client/provider relationship unless a new service agreement is signed by both parties or until this agreement is terminated.

SECTION 1 – PRODUCTION

Upon successful completion of this agreement and any payments owed, Summit Podcasting agrees to produce the work specified by the goods or services purchased.

1.1 This work may include but is not limited to the completion of edited main episode audio (including the mixing in of the intro/outro, ads, and music), creation of audiograms, creation of images, creation of show notes, content editing, project managing, publishing episodes to the directories you have specified you would like us to publish to, transcribing audio, configuring your media host, creating and publishing blog posts to your website, RSS setup, creation of intro and/or outro scripts, designing podcast webpages, editing trailers, etc.

Content editing: If you have any changes you’d like to make after we have finished our content edit, we ask that your please let us know by specifying the exact timecode in either the finished or raw audio of the section you’d like us to add back in, remove, or move to another place so that there is no confusion.

1.2 We agree to revise or edit the work specified by the goods and services purchased per our standard professional procedures. You may request up to 5 singular revisions per each good or service purchased. A singular revision shall be understood as one individual request to revise a singular component, quality, or trait of the product, good, or service purchased. It is at the sole discretion of Summit Podcasting to decide whether or not to complete any requests above the 5 singular revisions per each good or service purchased. Revision request(s) will be delivered no later than 48 business hours from the time the request(s) was made. This time is in addition to the turnaround times mentioned below in section 1.3.

1.3 Unless otherwise specified, we agree to deliver all of the work specified by the goods and services purchased by 11:59 PM EST 3 business days after the day we receive all materials and/or responses to questions necessary to complete the project and are alerted in writing that we have been given such materials. (For example, if we receive all materials from you at any time on a Monday and are alerted in writing that such materials were submitted, then all work will be delivered to you by no later than 11:59 PM EST on Thursday.) If we have agreed in writing to a shorter or longer time frame, we will honor that time frame. Turnaround time does not include the time it would take to complete any revisions necessary. *Please note, the launch package has a turnaround time of 4 weeks.

a. If raw materials are given to us in bulk (namely if you submit more than 1 episode per week), completed episodes will be delivered every 3 business days until all episodes in bulk have been completed. For example, the first episode given to us will be completed within 3 business days after the day we receive all materials from you and have been alerted in writing that we have been given such materials. The next episode will be completed within 3 business days after the completion of the prior episode and so on and so forth.

b. The materials we need from you may include but are not limited to raw episode audio, intro and outro audio, music, artwork (such as cover art), show notes, graphics, biographical information, photos or images, branding materials, marketing materials, information about a guest on your podcast, links and resources you’d like us to include in the show notes, login credentials, answers to questions we have asked that we need in order to do the work, etc. All materials we receive from you must follow all copyright laws (see Section 3.1).

SECTION 2 – PAYMENTS

A production fee for the work done by Summit Podcasting will be charged in accordance to the terms specified on our website (https://summitpodcasting.com/) for the goods and services purchased.

2.1 Production Fee – Payment for the work completed and owed, as specified by the goods and services that were purchased, will be billed prior work beginning. All payments, including any taxes, owed must be paid before we will begin work.

2.2 Refund Policy – If you purchase our goods and/or services and decide not to use them, we offer a full refund within 30 calendar days of purchase as long as none of the work has been started. If some or all of the work has been started and you decide not to continue, we offer a 50% refund within 30 calendar days of when you purchased those goods and/or services on any episode where work has been started. No refund will be offered for any goods and/or services beyond 30 calendar days of when those goods and/or services were purchased.

2.3 Taxes – Summit Podcasting only collects and remits taxes for certain jurisdictions. Therefore, you may or may not owe taxes (such as use tax) to your state for the products and services you purchase through Summit Podcasting. Please check with your state’s department of revenue for more information about your tax liability and obligations. As our requirements change, we will update our Terms of Service page and your invoice. Please see our Terms of Service page on our website for a list of jurisdictions for which we collect and remit taxes.

If you are a tax-exempt organization, please send us your state-specific tax exemption documentation.

SECTION 3 – OWNERSHIP & COPYRIGHTS

Any copyrightable work produced and delivered by Summit Podcasting in connection with this contract and the goods or services provided shall become the exclusive property of you, the recipient, as soon as payment has been made in full, including any taxes owed.

3.1 Copyright – All materials we receive from you, as stated in Section 1.3, must follow all state and federal laws. You are and shall remain solely responsible for all content submitted to us. You agree not to upload, submit, send, or in any manner give to us any materials or content to which you do not have the rights to use. Under no circumstances will Summit Podcasting be responsible for any materials or content submitted to us that breaks any laws. We assume you have the rights to use any materials or content submitted to us and, therefore, will produce our products and services based on that understanding.

3.2 Promotional Materials – We may ask, in writing, to use some or all of the materials we create for you for promotional and/or marketing purposes, including but not limited to audio samples, audiograms, images and artwork, show notes, etc. We may ask to use your name, your likeness, your podcast name, your podcast cover art, etc. for promotional and/or marketing purposes. We will only do so with permission from you in writing. You have the right to deny us this request. If this request is granted, we have the right to use the materials, name, and/or likeness you granted us permission to use in any manner or media we choose, whether now known or hereafter developed. Permission can be revoked at any time with a written request stating that you would like us to take down any or all materials associated with you or your podcast, and we will do so within 2 business days.

SECTION 4 – REFUSAL OF SERVICES

We have the right to refuse to perform any work or services asked of us at any point if we deem any of the following to be true:

a. The work or services we are being asked to perform requires us to act in a manner, produce a product, or perform a task that is against the law or is in any way harmful to another person, entity, group, religion, nation, or culture.

b. The materials given to us or the materials we are asked to produce infringe on anyone’s intellectual property, privacy, or publicity rights, or if any such materials breach any copyright laws.

c. If any clearances, rights, licenses, or releases have not been obtained by you for the materials given to us or of the materials we are asked to produce.

d. You have failed to pay an overdue bill and/or the taxes and/or interest on an overdue bill.

SECTION 5 – TERMINATION

5.1 Termination – Either party may terminate this contract at any time with written notice to the other party stating that they wish to terminate the contract and such termination will become effective immediately. All payments and/or interest owed up to that point must be paid within 30 days of the termination of the contract.

5.2 Force Majeure – If any obligation under this contract cannot be performed in part or in full due to causes beyond the reasonable control of either party (“Force Majeure”), such as fire, earthquake, national emergency, riot, war, acts of God, power outage, or a similar situation, then all obligations shall be suspended until such event is over. Once the event causing the disruption is over or as soon as work can resume in full, the obligations of this contract shall become valid again and work should proceed.

SECTION 6 – ENTIRE AGREEMENT

This contract contains the entire agreement of the parties and supersedes or replaces any other documents, conditions, correspondence, conversations, or promises, oral or written, concerning the subject of this contract.

SECTION 7 – GOVERNING LAW

This agreement shall be constructed under the laws of the state of North Carolina.

SECTION 8 – DISPUTE RESOLUTION

Both parties shall attempt to resolve any dispute that arises through friendly negotiations. If resolution cannot be achieved, judgement may be awarded by any court having proper jurisdiction. Cost of arbitration, including attorney’s fees, as determined by the arbitrator, must be paid to the prevailing party.

IN WITNESS WHEREOF, each of the parties has caused this agreement to be executed as of the date written above.

Service Recipient:

[NAME]

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Signature                                                                                          Date

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Printed Name

Service Provider:

[NAME]

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Signature                                                                                          Date

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