(Personal Sound Recordings)
THIS BROADCASTING AGREEMENT is made and effective this ________ day of ________, 20 __, by and between ___________ (hereinafter referred to as the "Radiostation"), a company organized, and existing under the laws of the State of ______, with its principle place of business located at ________________, and _______________, (hereinafter referred to as the "Originator"), an individual with his [or her]or her principle place of residence located at _________________, do hereby agree to the following:
WHEREAS, the Radiostation produces and broadcasts over station (radiostation name), a program entitled: (name of program), which broadcasts as follows: (Weekdays/weeknights, at ( ) AM/PM TO ( ) AM/PM eastern standard time. The Originator herewith grants to the Radiostation the exclusive right to broadcast personal sound recordings being the intellectual and copyrighted property of the Originator on the above said program.
The Radiostation shall be required to carry the program as provided by the Originator, in full, without addition or deletion, except that commercial continuity and public service announcements may be deleted and replaced. Reasonable station identification or "liner" identification may be added by the Radiostation. The Originator agrees that the broadcast of the program shall be simultaneous.
Copyright of the program and associated personal recordings shall remain the intellectual property of the Originator. The Originator warrants and guarantees to the Radiostation that it has the legal right to authorize the broadcast of personal sound recordings. The Originator further warrants that said personal recordings do not infringe on any trademark or copyrighted material of another individual or entity.
The Originator warrants and represents to the Radiostation that the personal sound recordings supplied to the Radiostation are lawful and legal sound recordings; and that the Radiostation has the right to broadcast said recordings and other messages stated herein. The Originator shall indemnify and hold the Radiostation harmless from any claims related to the broadcasting of said sound recordings.
In the event that the Originator does not provide a program, then the Radiostation shall at its sole discretion:
a) first, substitute any unused backup program provided by the Originator (although this clause shall not be construed to require that the Originator provide backup programs);
b) second, substitute any unused future program which is not restricted from early broadcast (although this clause shall not be construed to require that the Originator provide programs in advance);
c) third, substitute other programs.
This agreement, in its entirety, contains the full understanding of the parties. It may not be changed orally but only by an instrument in writing signed by the party against whom enforcement of any change, extension, modification, waiver or discharge is sought.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at (City), (State).