What Should Go in a Podcast Collaboration Agreement? (Podcast Prenup™)

When you’re building a podcast (or any business venture) with someone else — whether it’s a friend, colleague, or business partner — you’re entering into a creative and commercial relationship. That means it’s not just wise to have a written agreement — it’s essential.

Get our free Podcast Prenup™ planning guide. 

Here’s what that agreement should cover:

1. Ownership of Intellectual Property

  •  Who owns the podcast name and brand?
    Decide whether the name, logo, and overall branding are jointly owned, or belong to one party (with a license to the other).
  •  Who owns the episode content?
    Will all episodes be joint works, or does one person own the content and license it to the other?
  •  What about music, artwork, and show notes?
    Be clear about licensing or creating original content. And if you're hiring freelancers? Get “work made for hire” agreements.

 

2. Roles and Responsibilities

  •  Who's handling what?
    Spell out who’s in charge of hosting, editing, uploading, marketing, managing social media, handling guest outreach, sponsorships, etc.
  •  What happens if one person isn’t pulling their weight?
    Build in expectations, performance benchmarks, and a way to resolve imbalances before resentment festers.

 

3. Revenue and Expenses

  •  How is money handled?
    Decide whether you're splitting gross revenue, net revenue, or profits (after expenses). Those are very different things.
  •  Who pays for what?
    Hosting fees, editing tools, website costs, advertising — agree on how those expenses are covered and tracked.
  •  How often do payouts happen?
    Monthly? Quarterly? Only after hitting a certain threshold? Don’t leave this vague.

 

4. Credit and Branding

  •  How are you presenting yourselves?
    Equal billing? "Hosted by A, featuring B"? Nail this down early — it becomes emotional territory fast.
  •  Can one person appear without the other?
    For example, if one host appears at events or on other podcasts, how is that handled from a branding standpoint?

 

5. Exit and Termination Clauses

  •  What if one person wants out?
    Include a clean exit strategy: notice period, final accounting, IP rights (can the other continue using the name or brand?), and how to handle back episodes.
  •  What happens to the content if the show ends?
    Does one party get to keep and repurpose the content? Is it archived? Deleted?
  •  Can the show continue with a new host or guest contributor?
    Clarify whether the brand is tied to the people, or whether it can evolve.

 

6. Dispute Resolution and Legal Terms

  •  Where will disputes be handled?
    Choose a jurisdiction and venue (state and county) so you're not dragged into court across the country.
  •  Will you use mediation or arbitration first?
    Alternative dispute resolution clauses can save time, money, and drama.
  •  Are you forming a business entity?
    If so, this agreement may be rolled into your operating agreement. But either way, it should reflect your intent.

 

7. Other Clauses to Consider

  •  Confidentiality — especially if you’re sharing proprietary methods, behind-the-scenes data, or business plans.
  •  Right of first refusal — if one partner wants to buy out the other.
  •  Assignment — can either party sell or transfer their rights to someone else?

 

Bottom Line

You don’t need a 50-page contract written in Latin. But you do need clarity.

A written agreement doesn’t just protect you legally — it creates transparency, trust, and a roadmap for handling the inevitable changes that come with growing a show.

Because podcasting — like any business — is easier to navigate when you’ve got the map in hand before you hit the twists and turns.

 

Want help getting that agreement in place? That’s exactly what I teach inside Easy Legal for Podcasters.

AND, if you just want contract template forms, have a look over at PodcastLawForms.com

Or if you're already deep into a partnership and need custom guidance, let's talk.