Terms of Service

for podcast guest representation

People Building Inc. (DBA That1 Agency)

Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY PURCHASING OR USING ANY OF OUR PRODUCTS AND/OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IT IS THE RESPONSIBILITY OF YOU, THE USER, TO READ THE TERMS AND CONDITIONS BELOW BEFORE PROCEEDING TO PURCHASE OR USE ANY OF PEOPLE BUILDING INC./THAT1 AGENCY'S PRODUCTS OR SERVICES, AS DEFINED BELOW. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT PURCHASE OR USE OUR SERVICES.

At People Building, Inc, a Maryland Corporation D.B.A. That1 Agency (with its affiliates, “People Building, Inc.", "That1 Agency”, “we”, “our”, or “us”), we are dedicated to providing our clients/customers with outstanding customer service and clear communication. For this reason, we believe you should understand the terms of service that we have adopted to help us provide you with that level of service. Our Terms of Service establish your rights and obligations as a client/customer of our company. They also establish what to expect as far as deliverables, timeline, and our refund/cancellation policy.

1. SERVICES OVERVIEW

The entity referred to as People Building, Inc. ("Agency"), operating under the trade name and doing business as That1 Agency, is dedicated to facilitating representation for individuals ("Guests") aiming to secure opportunities for participation as guests on podcasts. By availing yourself of our services, you ("Client") hereby consent to the stipulations outlined in the subsequent terms and conditions. For the purpose of this agreement, the terms “Podcast” and “Show” are considered interchangeable. It is important to note that Agency cannot provide an assurance of booking any particular show. The inherent variability in the selection of guests by hosts and producers within the podcasting realm falls outside the purview of Agency's control, thereby influencing the potential outcome of show bookings.

2. GUEST REPRESENTATION

Agency shall exert reasonable efforts to secure podcast guest opportunities on behalf of the Client. The process of podcast selection and the ultimate decisions regarding bookings will hinge upon a variety of factors, encompassing the Guest's domain expertise and mutual availability of both the guest and the specific shows. It is within Agency's responsibility to
ensure the fulfillment of the purchased show count within a span of 12 months. For the purpose of this agreement, a show shall be deemed fulfilled when a show host has been presented with an introduction to the Client and has expressed consent to feature the Client on their show. Furthermore, the genre of the show must either align with the subject matter discussed by the guest or, if deviating from this alignment, be accepted by the Client. Such acceptance, irrespective of the show's genre, would classify the show as fulfilled.

3. CLIENT RESPONSIBILITIES

a. Accurate Information Submission:

The Client commits to providing precise and current information regarding the Guest, including their professional background, domain expertise, and availability. The significance of furnishing accurate data is acknowledged, recognizing that incorrect information may impact the efficacy of securing podcast guest opportunities.

b. Timely Booking Confirmation:

The Client is required to act promptly, within 3 days of notification by the Agency regarding show approval, when selecting a suitable time and confirming the booking. Additionally, for incoming podcast opportunities, the client must book or schedule within 3 business days of receiving information or seek assistance from That1 Agency to make scheduling arrangements. Failure to adhere to this timeframe may result in the client losing the show opportunity, counting toward their total show count.

c. Participation Commitment:

The Client further commits to being punctual and well-prepared for podcast appearances. In the event that unforeseen circumstances prevent attendance, the client agrees to provide a minimum of three (3) days' notice to That1 Agency. In such cases, we will make every effort to reschedule or replace the podcast appearance with an alternative show.

d. Punctuality and Preparedness:

The Client pledges to make punctual and adequately prepared appearances on scheduled podcasts. This entails the utilization of appropriate attire, correct equipment, and ensuring a conducive environment.

e. Non-Compliance and Refund Entitlement:

Non-compliance with these stipulations does not entitle the Client to a refund for any scheduled show that fails to materialize due to non-adherence to these requirements.

f. Show Substitution in Unfeasible Situations:

In situations where a scheduled show is rendered unfeasible due to the inability of the show's host to proceed, Agency will substitute the show with another opportunity to ensure the fulfillment of the purchased show count.

4. BOOKING PROCESS

Upon identifying prospective podcast opportunities, Agency shall present these opportunities to the Client. The Client retains the prerogative to either accept or decline each presented opportunity. Subsequent to the acceptance of an opportunity, the Client will employ the provided booking link to engage in communication with the podcast host for the purpose of confirming the scheduling details. The responsibility for rescheduling, when necessary, rests with the Client. It's important to emphasize that Agency's involvement solely pertains to obtaining confirmation that the show host has agreed to feature the guest on the show. Scheduling matters are solely under the purview of the Client and the podcast host, with no direct involvement from the Agency.

5. FEES

In exchange for the services rendered by Agency, the Client hereby agrees to remit the stipulated package fee, in addition to the one-time set up/processing fee, as delineated in the mutual agreement between the parties. It's important to underscore that the set up/processing fee is a singular payment.

6. CANCELLATION AND REFUND POLICY

a. Initial Information Sheet and Outreach Commencement:

After the completion of the initial information sheet and the initiation of the first outreach to show hosts, requests for cancellations or refunds will not be entertained. Clients reserve the right to request a refund prior to the commencement of the first outreach to show hosts, with the deduction of any expenses borne by That1 for the creation of the information sheet, the establishment of communication channels, and any other onboarding activities that have been undertaken. Refund requests received beyond this stipulated period will not be accepted, except as indicated in section b below.

b. Exceptional Refund Circumstances:

Exception to the aforementioned refund policy: In cases where That1 Agency is unable to fulfill the purchased show count within a span of 12 months from the date of purchase, the Agency will facilitate a refund of a prorated amount corresponding to the unfulfilled shows.

c. Accepted and Confirmed Podcast Opportunities:

It's imperative to note that once a podcast opportunity has been accepted and subsequently confirmed, refunds will not be issued.

d. Cancellation Impact on Fulfilled Show Count:

In the event of cancellation by the Client following booking confirmation, such an action may result in the show being counted as a fulfilled show for the purpose of this agreement.

 

7. SCHEDULING OF PODCAST APPEARANCES

a. Host Availability and Constraints:

The scheduling of podcast appearances is contingent upon the availability and scheduling constraints of the respective podcast hosts.

b. Timeframe Commitment:

While Agency is committed to procuring podcast opportunities within a practical timeframe, it's important to note that the assurance of a specific timeline cannot be guaranteed.

c. Misuse Evaluation and Show Inclusion:

In the event that, at our sole discretion, we discern that the Client is misusing the scheduling procedure by consistently declining suitable show opportunities, we retain the prerogative to include those shows in the tally of fulfilled shows.

8. COMMUNICATION WITH PODCAST HOSTS

a. The coordination of communication between the Client and podcast hosts concerning scheduling and logistical matters will be facilitated by Agency.

b. The Client hereby commits to promptly responding to communications from both Agency and podcast hosts, thereby contributing to the smooth execution of successful podcast appearances.

9. INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights pertaining to each show are exclusively retained by the respective show host or owner. In line with this, Agency will diligently pursue the acquisition of "raw" show content with the intent of enabling the Client to repurpose it. It is incumbent upon the Client to observe any constraints imposed by the show in relation to the usage of content. Notably, Agency shall not be held accountable for any usage of content by the Client that runs counter to the preferences of the show.

Furthermore, Agency reserves the right to employ excerpts or information relevant to the podcast appearances for promotional purposes.

10. CONFIDENTIALITY

Both parties agree to maintain the confidentiality of any sensitive information shared during the engagement.

11. LIMITATION OF LIABILITY

Agency's liability is limited to the fees paid by the Client for the services rendered. Agency shall not be responsible for the outcome of podcast appearances or any other consequential damages.

12. GOVERNING LAW

These terms shall be governed by and construed in accordance with the laws of the state of Maryland.

13. AMENDMENTS

Agency reserves the right to modify these terms at its discretion. Clients will be notified of any changes. By engaging with our services and signing below, you acknowledge that you have read, understood, and agree to abide by these terms and conditions.

Last Updated: February 08, 2024

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