Terms of Service
By completing this purchase the Buyer (“Client”) agrees to the Terms of Service as set forth within this agreement by Blubrry Pro Production Services (“Provider”).
1. DESCRIPTION OF SERVICES. Provider agrees to provide and execute for the Client the services described in the attached Exhibit A (collectively, the "Services").
2. PAYMENT. Payment shall be made via Stripe in a recurring monthly payment to Provider on the same day once per month for a minimum term of 12 months and Provider reserves the right to terminate the agreement at any time.
3. CLIENT DELIVERY. Regular payments guarantee the Client adequate time in the production calendar for full production of all shows. Recorded episodes not delivered to Provider by the deadline, will not be credited.There are no roll over credits or missed episode credits. If Client misses a deadline, a replay episode will be uploaded instead and the new episode pushed to the following week.
4. TERM. Upon termination, Provider will cease any further Services to Client on current or future episodes.
5. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Provider in connection with the Services will be the exclusive property of Client. Upon request, Provider will execute, within a reasonable period of time, all documents necessary to confirm or perfect the exclusive ownership of Client to the Work Product.
6. CONFIDENTIALITY. Provider, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Provider, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. Provider and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Terms of Service. Any oral or written waiver by Client of these confidentiality obligations which allows Provider to disclose Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.
Upon termination of this Agreement, Provider will return to Client all records, notes, documentation and other items that were used, created, or controlled by Provider during the terms of service.
7. INDEMNIFICATION. Provider agrees to indemnify and hold Client harmless from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against Client that result from the acts or omissions of Provider and/or Provider's employees, agents, or representatives.
8. ENTIRE AGREEMENT. These Terms of Service contain the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Terms of Service supersedes any prior written or oral agreements between the parties.
9. AMENDMENT. This service agreement may be modified or amended in writing with notification provided to all parties.
10. GOVERNING LAW. This agreement shall be construed in accordance with the laws of the State of Michigan.
11. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
EXHIBIT A: DESCRIPTION OF SERVICES
EDITING:
Clean the sound and edit audio (remove ah’s/um’s)
Edit for content
Master and level to industry standards
Add voice-overs and music beds
PUBLISHING:
Load and format to every podcast platform
Schedule and publish on a consistent rotation
MARKETING:
Write SEO rich show-notes for every episode
Manage show catalog and production calendar
Advice for improving or re-purposing show