THE PODCAST TRAILER LLC
TERMS OF SERVICE
Effective Date: February 9, 2026
These Terms of Service (“Terms”) apply to all clients who book, purchase, or otherwise engage paid services from The Podcast Trailer LLC (“Service Provider”). By submitting payment, booking services, enrolling in a subscription, signing electronically, or otherwise engaging services, the client (“Client”) agrees to be bound by these Terms. These Terms govern all paid services provided by Service Provider unless superseded by a written addendum or separate agreement executed by both parties.
1. Service Model
1.1 These Terms serve as a universal master agreement governing all services provided by Service Provider. All services are provided as stand-alone engagements, whether delivered as a single session, project, or under a separate subscription arrangement. Once accepted, these Terms remain in effect and automatically apply to all future services, repeat sessions, and bookings between Client and Service Provider without the need for re-execution.
1.2 Service Provider may offer both one-off services and subscription-based services. Subscription services, when elected by Client, shall be governed by the subscription terms set forth in these Terms and/or by a separate written subscription addendum or order form. In the absence of an active subscription enrollment, services are treated as stand-alone engagements under these Terms. Subscription terms, once activated, shall bind Client for the duration of the applicable subscription period.
2. Services Covered
These Terms apply to all services provided by Service Provider, including but not limited to:
· Mobile podcast setup (on-site recording services)
· Mobile Podcast Trailer studio sessions
· Turnkey podcast studio builds
· Attorney depositions, sworn testimony, witness statements, and legal proceeding recording services
· Live event audio and video coverage, including meetings, continuing education sessions, conferences, panels, and public or private events
· Post-production, editing, and branding services
Specific service details, deliverables, pricing, and session length will be confirmed in writing prior to each booking.
3. Booking & Payment Terms
· Mobile podcast setup and Podcast Trailer sessions require payment in full prior to the service date.
· Studio builds require a 50% non-refundable deposit, with the balance due upon completion.
· Accepted payment methods include credit or debit card, ACH, bank transfer, approved invoicing platforms, and cash (accepted only in rare circumstances at Service Provider’s discretion).
· Service Provider reserves the right to withhold delivery of any deliverables until all payment obligations are satisfied.
4. Electronic Acceptance & Payment Authorization
Client acknowledges and agrees that submission of payment, whether for a one-off service or subscription, constitutes electronic acceptance of these Terms. Payment confirmation, including electronic checkout, invoice payment, or subscription enrollment, shall serve as legally binding execution of these Terms, without the need for a handwritten signature.
5. Subscription Terms (When Applicable)
The following subscription terms apply only if Client elects to enroll in a subscription-based service offering provided by Service Provider:
· Billing: Subscription fees are billed on a recurring basis (monthly unless otherwise stated) in advance of the subscription period.
· Scope: Subscription services include only those services expressly stated in the applicable subscription description. Services outside the subscription scope are billed separately.
· Non-Rollover: Unused sessions, credits, or services do not roll over unless explicitly stated in writing.
· Cancellation: Client must provide at least 30 days written notice to cancel a subscription. Subscription fees paid are non-refundable.
· Early Termination: Early cancellation or non-payment may result in immediate suspension of services and any applicable early termination fees as outlined in the subscription terms.
· Priority & Scheduling: Subscription clients may receive priority scheduling; however, session dates remain subject to availability.
In the event of a conflict, specific subscription terms shall control.
6. Scope of Work
Services are limited strictly to the scope agreed upon for each session or project. Any additional time, equipment, deliverables, or revisions requested beyond the agreed scope will be billed separately.
7. Legal Recording Disclaimer
Service Provider provides technical audio and video recording services only. Service Provider is not a court reporter, legal videographer of record, transcription service, or legal certification authority.
Service Provider does not guarantee legal admissibility, compliance with jurisdictional court rules, or certification of any recording. Client and Client’s legal representatives are solely responsible for ensuring that all recording methods, formats, and procedures meet applicable legal, court, or evidentiary requirements.
8. Deliverables & Media Ownership
· Standard delivery includes mixed audio provided as a standalone audio file separate from video.
· For Growth and Pro sessions, standard video delivery includes a professionally live-switched program feed.
· Isolated camera feeds (ISO video) are not included unless purchased as an add-on.
Upon full payment, Client receives a non-exclusive license to use delivered media for lawful purposes.
Service Provider retains the right to use excerpts for portfolio, marketing, and promotional purposes unless Client opts out in writing prior to the session.
For attorney depositions, sworn testimony, or legal proceedings, Service Provider shall not publicly distribute, publish, or use recorded media for marketing or promotional purposes without Client’s prior written consent.
9. Editing, Marketing & Third-Party Providers
Post-production editing, marketing, and branding services may be performed by independent third-party creative partners engaged by Service Provider. Service Provider remains the Client’s sole point of contact and is not responsible for delays caused by Client feedback, revisions beyond scope, or third-party platform policies.
10. Revisions
Unless otherwise specified in writing, post-production services include one round of minor revisions. Additional revisions are billable.
11. Client Responsibilities
Client agrees to:
· Arrive on time and prepared for the scheduled session
· Ensure all participants have consented to being recorded
· Secure any required location permissions
· Provide accurate branding assets when applicable
12. Equipment Use, Damage & Loss Liability
Client acknowledges that Service Provider equipment is professional-grade and agrees to exercise reasonable care during all services. Client assumes full responsibility for any damage to, loss of, or theft of equipment caused by Client, Client’s guests, participants, or venue conditions.
Client will be financially responsible for repair or replacement costs at fair market value. This includes damage caused by liquids, smoke, heat, unsafe surfaces, improper handling, or unsecured environments. Normal wear and tear is excluded.
Service Provider reserves the right to pause or terminate a session if equipment safety is compromised.
13. Cancellations & Rescheduling
· Deposits are non-refundable unless otherwise stated in writing.
· Rescheduling with at least 48 hours notice may be accommodated subject to availability.
· Cancellations within 48 hours of a scheduled session may result in forfeiture of payment.
14. Live Event Conditions
Client acknowledges that live events involve variables outside Service Provider’s control, including venue restrictions, speaker behavior, scheduling changes, audience interference, power availability, internet connectivity, lighting conditions, and environmental factors.
Service Provider shall not be liable for disruptions, interruptions, or limitations caused by such factors, provided Service Provider exercises commercially reasonable efforts to perform the agreed services.
15. Limitation of Liability
Service Provider shall not be held liable for the loss, corruption, or unusability of any audio, video, or digital media due to factors beyond reasonable control, including equipment malfunction, storage failure, power issues, environmental conditions, venue limitations, or third-party platform failures.
Client agrees that Service Provider’s total liability is limited to the amount paid for the specific session or project.
16. Indemnification, Content Liability & Defamation
Client acknowledges that all content recorded, provided, or distributed as part of the services is created under Client’s direction and control. Client assumes full responsibility for the substance, accuracy, and legality of all content.
Client agrees to defend, indemnify, and hold harmless The Podcast Trailer LLC, its owners, members, contractors, employees, and third-party vendors from any claims, damages, or expenses arising out of content-related legal issues, including defamation, privacy violations, intellectual property infringement, or failure to obtain participant consent.
This obligation survives completion of services and termination of these Terms.
17. Independent Contractor Relationship
Nothing in these Terms shall be construed as creating an employment, partnership, or joint venture relationship between the parties.
18. Force Majeure
Service Provider shall not be liable for delays or failure to perform caused by circumstances beyond reasonable control, including weather, illness, vehicle issues, power outages, accidents, venue restrictions, equipment failure, or acts of God.
19. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas.
20. Entire Agreement & Electronic Acceptance
These Terms constitute the entire agreement between the parties and supersede all prior discussions or agreements relating to the subject matter herein. These Terms may be accepted electronically and electronic acceptance shall have the same force and effect as a handwritten signature.