Podcast Launch Client Agreement

Hi!  I’m so excited to begin working with you, but first, I want to make sure we are on the same page.

The following serves as our client agreement.  Please read it carefully.  If something does not align with your goals for our work together, please contact me so we may discuss how to move forward.  

In this agreement, I will refer to myself, any of my contractors whom I choose to complete the work on my behalf, and my company, Kindred Sound Studio, as “Company.”  I will refer to you as “Client.”  

1. Services:

a. This Podcast Launch Package includes:

  • A one-on-one 50 minute kickoff consultation with Kim including help choosing the best equipment and recording setup for you so that you can get the best audio quality from yourself and your guests, figuring out which media host works best for you, tips for the best launch strategy that fits your business and audience, and answering any questions you have about all things podcasts!

  • Unlimited support via Slack from start to finish

  • Mixing of your intro and outro vocals and music

  • Editing of up to 3 episodes to release on launch day (including editing out of long pauses, excessive ums, lip smacks, stumbles, etc. so that no one but you and me will know it was edited 😉)

  • Mixing each episode with intro, outro, and a hook and/or wrap-up piece, if desired

  • Sound equalization so the quality and volume are consistent throughout each episode

  • Reducing/removing background noise and echo

  • Cover art created for you

  • Setup of your media host account and RSS feed (the technical piece on the backend of how your podcast actually gets to the podcast players of the world and into people’s ears)

  • Uploading and scheduling each episode to that media host

  • Submission of the podcast to the podcast players (another behind the scenes step that is needed to make sure your podcast can be found where people want to listen to it)

  • Video walkthroughs of everything you need (how to record your episodes, how to use the best settings in Zoom, how to create and maximize the use of a launch team to promote your podcast for you, and more!)

  • Access to my digital products (for free!) - including my masterclass on how to monetize your podcast (from the start!) by confidently and strategically selling your own offers the RIGHT way.

  • Juicy show notes/episode details for each episode written for you so all you have to do is hit record and hand the rest over to us. :) Our clients love to repurpose these and use them for a piece of content on social media or their blog posts. 

b.  Company offers the following additional communication: Unlimited communication and support is offered through Slack during our term of working together. Client can expect to receive a response within 48 hours, M-F (often sooner!)


2. Term:

The engagement of services begins on upon payment being received and ends when the podcast is launched/live in podcast players agreed upon.

3. Client's Participation:

Client agrees to participate in the following way: Upon initiation of working together and by the end of the kickoff call, Client and Company will agree on a launch date for the podcast.

If the podcast launch is not able to be completed by the mutually agreed upon launch date as above due to Client not providing necessary files and information in a timely manner, the launch date can be moved based on team capacity but Client will be charged the monthly ongoing support rate from that point forward (currently $900/month) to hold the space until the launch is complete.

If Company does not meet the required due date, then additional ongoing support fee is waived. Additional ongoing support fee may also be waived at Company’s discretion in the event of extenuating circumstances and after the situation has been discussed between Company and Client.

4. Client Agrees to Pay:

a.  Total amount: $2,000 USD to be paid in either one full payment prior to the onset of work by Company, or 50% prior to the kickoff call, and the second 50% to complete the remaining balance within 30 days.

b.  Payment is due prior to onset of any work by Company.

c.  The method of payment is by credit card, which may be automatically withdrawn monthly after approval by Client if payment plan chosen.

5. Refund/Multiple Payments:

Company does not offer refunds.  Client agrees to pay the total amount due pursuant to Paragraph 4. 

If Client becomes unsatisfied with the services or products after providing partial or full payment, Client agrees to pay the total fee agreed upon unless the situation has been discussed with Kim and an attempt at resolution has been made, at which point Company reserves the right to waive this requirement at their discretion.

6. Confidentiality:

Any information discussed or any information either party comes to know during Company and Client’s working relationship is confidential.  This does not include information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Company.

Confidential information may be shared if and only if waived by both parties in writing.  

7. Intellectual Property:

Company reserves all ownership rights to any support materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in the Program covered in this Agreement. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the support materials for either commercial or non-commercial purposes. Client understands that claiming Company’s materials as their own is a violation of intellectual property rights.

Client owns all materials, images, content, etc. provided to Company to be used in podcast production as well as any accounts created on behalf of Client to assist in the production and creation of podcast.

8. Assignment:

This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns.  Client may not assign its rights under this Agreement without express written consent from Company.

9. No Guarantees; Disclaimer:

NO GUARANTEES: Company makes no guarantees about the results Client may obtain from working with Company.  Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which are not to be relied upon to predict results in Client’s specific situation. The results Client experiences will be dependent on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate.

NOT PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE: At no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy.  Company’s services are not intended to treat, diagnose, cure, or prevent any disease.  If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.

NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.

EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. Company may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in Client’s specific situation.  Financial outcomes depend on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate. Client agrees that Company is not responsible for Client’s success, or lack thereof. Client’s reliance on any information provided by Company is done so at Client’s own risk.

10. Warranties:

Both Company and Client warrant that they have full authority to enter into this Agreement.  Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards.  Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.

11. Whole Agreement:

This Agreement constitutes the entire agreement between Client and Company.  This Agreement supersedes and cancels all prior or contemporaneous oral agreements and written agreements including but not limited to conversations, messages, emails, and negotiations.

12. Modification; Waiver:

The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties.  The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver.  In order to make the waiver binding, the party making the waiver must execute it in writing.  The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.  

13. Severability:

If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar. 

14. Limited Liability:

THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY.  UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

15. Notices:

All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by email or Slack message.

16. Dispute Resolution; Costs and Fees; Applicable Law/Venue:

Both Company and Client agree to make every effort to resolve disputes without the need for third party assistance.  If that cannot be done, Company and Client agree to utilize mediation in order to resolve the dispute.  The mediation will either be held in OREGON, UNITED STATES or through an online mediation service. Both parties must agree to the mediation service and mediator to assist in resolving the dispute.  Both parties agree that their good faith participation in mediation is a condition precedent to pursuing any other available legal remedies.

Parties agree that this Agreement shall be governed by and construed in accordance with the laws of OREGON, UNITED STATES.  Parties agree that the venue for any court proceedings arising out of this Agreement shall be in CLACKAMAS COUNTY, OREGON, UNITED STATES.

If Company is the successful party to the dispute resolution, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled.

Contact

If you have any questions before or after booking, you can reach out to Kim at hello@kindredsound.com.

Thank you for trusting me with your voice—I can’t wait to help you make it shine!