Talent Agreement Radio Personalty by bobzepfel

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									                                EMPLOYMENT AGREEMENT

      This Employment Agreement (this “Agreement”) is entered into this __ day of            ,
             , by and between                 (“Personality”), and
(“Network”).

                                            RECITALS:

       A.      Network is in the business of operating, producing and broadcasting regularly
scheduled radio programming through affiliated stations;

       B.      Network desires to employ Personality as an on-air radio personality on the terms
and conditions set forth herein and Personality desires to accept such employment.

       NOW, THEREFORE, in consideration of the mutual agreements, representations and
warranties and covenants set forth herein, the parties hereby agree as follows:

        1.     TERM. It is agreed that Personality will be employed full-time by the Network as
a professional non-hourly salaried on-air host, for a term of        years commencing on
                              and ending                      (the “Term”), unless this Agreement
and/or Personality’s employment is sooner terminated, suspended or extended as hereinafter
provided. .

        2.      DUTIES AND RESPONSIBILITIES. During the Term, Personality shall provide
the services (the “Services”) set forth below:

                (a)     Program Host Services. Personality agrees to devote Personality’s primary
efforts to the performance of services as an “on air” host on a talk-radio program to be broadcast
live
                                                                                or at such other time
as Network and Personality shall mutually agree (the “Program”). Employee’s hosting duties
shall include: (a) those duties customarily performed by an on-air host, (b) active participation in
the development of the programming of the Program, (c) promotional spots and other
commercial and non-commercial announcements relating to the Network, as reasonably
requested by Network and as customarily provided by “on air” hosts, (d) performance of
“commercial reads” for advertisers in accordance with current radio industry custom and
practices, as requested by Network but not to involve the personal endorsement by Personality of
any product or service, (e) promotion on-air of the Network’s website (the “Website”), and/or its
premium products on an hourly basis during the Program, (f) promotion during the Program of
Website events or promotions, as requested by Network, (g) participation in the daily live video
and audio streaming broadcast of the Program via the Website, (h) promotion of the availability
of the Program and/or the Network, as reasonably requested by Network, including without
limitation, subject to Personality’s availability at one (1) industry or consumer event per year, (i)
participation in the creation of advertisements (print, radio, television, internet and other
electronic media) in connection with the advertising, marketing and promotion of the Network
and the Network programming, as reasonably requested by Network, and (j) such other ancillary
and other related duties customary to an “on-air” host that may be assigned to Employee from
time to time. Network and Personality shall mutually agree to an annual budget for the Program.
 In the event the parties fail to agree on a budget for any succeeding Year, the budget as set forth
on Schedule A shall “roll over” to such succeeding year with a ten percent line item increase.

                (b)     Affiliate Promotional Appearances. In addition, without any additional
compensation to Personality but at Network’s sole expense, Personality will provide Network up
to                               promotional appearances during each twelve month period during
the Term. In addition, without any additional compensation to Personality but at Network’s sole
expense, Personality will provide Network one affiliate appearance during each three (3) month
period during the Term. The location and dates of all such promotional and affiliate appearances
shall be designated by Network subject to reasonable prior notice to Personality and Personality’s
availability. Each day of such promotional or affiliate appearance by Personality shall be
considered one such appearance, excluding travel dates. Personality’s promotional services shall
be in addition to all other duties and services to be furnished and rendered by Personality
hereunder. .

                (c)     Website Services. Personality shall through Network-provided staff and at
Network’s cost provide Network with daily updates of all Program bookings and Program topics
for posting on the Website or the Network’s newsletters and for advertising purposes.
Personality shall also through Network-provided staff and at Network’s cost produce or cause the
production of, and provide, on a weekly basis a one- to three-hour “best of” program, derived
from the Program’s programs for such week, for the purposes of podcasting and downloading by
the Website’s users. Personality shall also through Network-provided staff and at Network’s cost
provide on a daily basis comedy or highlight clips from the Program to be published by Network
on the Website. Personality shall not promote on-air during the Program any website other than
the Website and shall not endorse or provide the Personality Identification on-air during the
Program for any other website or internet service, without the prior consent of the Network.

       3.      CONTINUING SERVICE

                (a)     Network and Personality each understand and acknowledge that
Personality’s Services are being utilized by Network on the basis of the Network’s best judgment
and assessment at this time of Personality’s skill, experience and ability to perform Personality’s
work, services, duties and responsibilities at and for the Network in a professional manner to the
complete satisfaction of the Network. It is also fully understood that Network’s continued
utilization of Personality’s Services shall be solely determined by the Network in its own best
judgment and assessment as to Personality’s services and abilities and Network’s operational and
“on air” requirements and best interests at any given time. Personality’s primary responsibility
for the Network shall be to utilize creativity, originality, initiative, imagination and individual
discretion and judgment in performing the Services, so long as such characteristics are within the
bounds of applicable legal requirements. Nothing in this Agreement shall be deemed to obligate
Network to use Personality’s Services, it being understood that Network shall fulfill its entire
obligation to Personality hereunder by paying Personality the compensation Personality would
have received under this Agreement had Personality’s Services been utilized on the Program.
Should Network elect to cease using Personality’s Services pursuant to this Section 4 and
Personality’s Services are not used by Network for a period of sixty days or more, then
Personality shall have the right to cease providing Services; Personality represents that he is in
the physical and mental condition necessary to perform the essential functions and services that
Personality has been employed to perform for the Network, with reasonable accommodation.

       4.      EXCLUSIVE SERVICES AND OUTSIDE ACTIVITIES.

                (a)     Personality shall not, during the Term, without the prior consent of
Network in each instance, (i) produce or appear in any other broadcast radio programming of any
length which is similar to or competitive with the Network or any of the broadcast radio
programming on the Network; (ii) appear in any commercials pursuant to a Personality
Identification or authorize the use of Personality Identification (as hereafter defined) in any
commercial endorsement or advertisement in any media; or (iii) other than with respect to
rachelmaddow.com authorize the use of Personality Identification on any website or webpage
other than the Website. The foregoing shall not restrict Personality from making occasional
guest appearances on shows that are not competitive with the radio programming on the
Network. Additionally, Personality shall notify Network reasonably in advance of any proposed
personal and/or promotional appearances by Personality so that Network may have the
opportunity to discuss with Personality the effect such appearances might have upon Network
and the Network. “Personality Identification,” as used in this Agreement, shall mean
Personality’s identification as an “on-air” host of the Program.

              (b)    During the Term and for a period of sixty days thereafter, Personality will
not engage, employ or seek to engage or employ any person who is, or during the last year of the
Term was, an employee of Network.

       5.      COMPENSATION.

                (a)      Base Salary. As “base” compensation for any and all of services
performed by Personality for the Network, Network will pay Personality on a guaranteed “pay or
play” basis an annual base salary of $         during the each year o
								
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