Podcast Disclaimer: Smart Tips for Creating...

Have you started a podcast but don’t have a podcast disclaimer in place?

Maybe you are wondering why a podcast disclaimer is needed or how to create one quickly.

Did you know you can face several legal problems or be sued as a podcast host if you lack the proper legal documents for your podcast show?

Having a podcast can be very beneficial, but only if you protect it legally.

Don’t worry, as a business lawyer, I have got you covered with my done-for-you legal templates for your podcast.

Most people tend to ignore the legal side of their online business, but you can face severe repercussions, especially when it comes to having guests on your show.

Here are some legal mistakes podcasters make (which I’ll discuss in more detail below):

Copyright infringement
No signed contracts for guests, co-hosts, or freelancers helping you with your podcast
Publicity and privacy rights infringement
Undisclosed advertising and sponsorship (This is a big FTC regulation.)
Monetizing without registering as an LLC (limited liability company)

And probably the biggest issue you could face is getting sued for defamation or threats.

I witnessed the devastation not having the proper legal documents can bring when a freelancer sued my father for $90,000.

And this was all because he didn’t have a freelance contract in place. I don’t want that to happen to you.

So in this article, we’ll discuss:

What a podcast disclaimer is
Why you need one
The other important podcast legal documents you need
How to easily write a disclaimer that protects you and your podcast (Spoiler alert, I have legal templates for you to make things super easy and fast.)

Table of Contents

What is a Podcast Disclaimer?

Podcasts have taken the media world by storm, providing a platform for you to share your thoughts, experiences, and knowledge with a global audience.

However, as with any form of media, you need to consider potential legal implications that may arise from your content.

This is where podcast disclaimers come in – a statement used to protect you from any liabilities that may arise from your podcast episodes.

A podcast disclaimer, also known as a disclaimer language form, is a written legal statement that informs listeners of any possible risks to consider when listening to your podcast. They also cover things like:

Copyright infringement
Privacy policies
Intellectual property rights

Heed my warnings about the legal documents you must have for your podcast so you don’t face fines or lawsuits. That will cost you time and expensive lawyer fees, but you can avoid that by protecting your podcast now.

A proper disclaimer placed in an easily visible place can protect you from lawsuits.

Talking about disclaimers, if you use AI in business then here’s a helpful guide on AI disclaimer for websites.

Podcast Disclaimer Example

First, your podcast disclaimer should clearly explain that all information shared in your podcast is NOT advice.

It should explain that any information provided or use of the podcast is not to be taken as professional advice or for a particular purpose.

It should also release you from liability surrounding the accuracy of the information provided or the completeness of the content.

Something like: it is for personal use only and general information purposes, and you can’t guarantee the accuracy of any statements from guests or the sufficiency of the information.

As a podcast host, you can try to broadcast correct information, but guaranteeing accuracy is impossible.

Your podcast listener should take personal responsibility to verify the correct information before using anything said as advice or help, and you aren’t responsible for the misapplication of information.

Now don’t stop there. Many podcasters give a simple disclaimer statement such as: “The use of this podcast is for informational purposes only and we are not liable for anything you do with this information.”

This is not legally sufficient to protect you.

Podcast Disclaimer Template

You need to explain a lot more, so I created this podcast disclaimer template you can instantly download and start using to protect yourself as the host.

It includes the disclaimer language that makes legal sense and also includes proper disclaimers you need to give to comply with Federal Trade Commission (FTC) rules for affiliate marketing.

Also, if you have sponsors or advertisements on your podcast, then you need to disclose those relationships legally as well.

Everything is done for you, so you can concentrate on the fun aspects of growing your podcast.

Grab this legal template here OR get it at a huge discount when you grab our Podcast legal bundle here.

Why Do You Need a Podcast Disclaimer

Podcast disclaimers protect you from any legal liabilities and inform listeners of potential risks they could face if they listen to your show.

They are legal documents every podcast host must have.

One example of something that could put you in legal hot water if you don’t have a disclaimer is having guests who provide advice on any topic.

In that case, podcast disclaimer examples include language that says, “the opinions expressed or views expressed do not necessarily reflect or represent those of the host; such views are merely opinions expressed.” Other terms are,” this podcast or website shouldn’t be used in any legal capacity whatsoever.”

You might also invite licensed professionals on your show, such as lawyers, doctors, clinical psychologists, etc.

In that case, your podcast disclaimer should state that listeners understand that the information provided is not intended to replace any input from licensed professionals.

This is especially important when it comes to medical advice or medical information, legal advice, financial or investment advice, or topics that could affect someone’s health, personal, or professional life.

You don’t want listeners using a personal opinion or view as advice for a medical condition, to make investment decisions, to use as an investment strategy, or something similar. The liabilities will be different for each niche.

Best practices are to state that any information shared is for educational purposes, entertainment purposes, or informational purposes. Similarly, be careful of any information people could take as professional advice or provide warranties of any kind.

Your podcast disclaimer should also state that they should always consult someone who can provide advice in the area they need (for example, medical issues or a medical emergency).

But podcast disclaimers aren’t the only legal contracts and agreements you need for your podcast.

I created our podcast legal bundle for full legal coverage of you and your podcast. It includes the necessary documents, including the proper legalese, which often overwhelms entrepreneurs.

When you buy this podcast legal bundle, you can add the Podcast disclaimer template to your order at a huge discount at checkout, saving you more money.

I don’t want to scare you, but it’s important to understand why you need these legal contracts for your show.

You should know the risks you face by not addressing the legal side of your podcast show, which could result in fines and monetary damages.

Watch this video below to learn why each contract in our Podcast Legal Bundle is important (and is used for what purpose).

Don’t forget to subscribe to my YouTube channel here!

Who Needs a Podcast Disclaimer?

Anyone with a podcast will need a podcast disclaimer.

Any solo podcaster or podcaster working with guests and co-hosts must have the proper documents and contracts granting them the legal rights to the show content.

And you must include a waiver of the guest’s right to sue you.

Incorrect wording or verbiage in your disclaimer can lead to lawsuits, so I never recommend using free podcast legal documents or DIY your contracts.

Plus, many don’t include all the necessary elements or clauses you need for full legal protection (read why these entrepreneurs don’t trust free legal templates to learn more).

What Can Go Wrong Without Proper Legal Documents for Your Podcast

Not having the proper legal documents for your podcast can destroy your business and life.

However, you can avoid these legal mistakes by having the proper legal agreements for your podcast.

Now let’s discuss some of the things that can go wrong and mistakes you should avoid if you have a podcast or are looking to start one.

Copyright Infringement

Copyright infringement is a common legal mistake podcasters make, and most of the time, there’s no intent behind it; it happens by accident.

Issues with copyrights could include:

Using sounds, images or music without a license
Plagiarized text
Using visual elements without a license

Remember even your podcast guest can bring a copyright infringement claim against you if you failed to get a proper guest release from them.

Using copyrighted material without proper permission can result in legal action and costly penalties.

No Signed Contracts for Freelancers, Guests, and Co-Hosts

Most podcast hosts work with other people to produce their content.

Not having signed agreements with these individuals can leave you open to a whole list of legal complexities, including intellectual property rights over the content.

On the low end of legal threats, guests can come back and ask you to take episodes down.

On the high end, they could even sue you for unfair competition, defamatory language, copyright infringement, request compensation, or invasion of privacy.

Publicity Rights

This legal issue revolves around using someone’s likeness on your podcast, including guests.

Without permission, that individual could sue you, and you may face lengthy legal proceedings that can leave you broke and force you to shut your podcast down.

Be sure to get someone else’s permission if you want to use their likeness to promote your podcast.

You should use a podcast release form for guests like the one in our documents for podcasters.

Privacy Rights Infringement

When sharing personal information or discussing people on your podcast, you must obtain written consent before disclosing information about someone on your podcast.

If not, someone could sue you for infringement of property rights.

Undisclosed Advertising and Sponsorship

If you plan on having sponsors on your podcast, you must disclose that to listeners.

This legal requirement is why we’ve included the Podcast Sponsorship Agreement in our Podcast Legal Bundle.

On a side note, ensure the sponsor’s service or product is a good fit for your podcast.

Defamation, Threats, and Other Lawsuits

Most importantly, don’t say things that could be offensive, libelous, or defamatory, or you could get sued for defamation or threats.

Even if it wasn’t intentional or a guest was responsible for saying it, you could still be held liable for anything you say or information and opinions expressed by guests.

And don’t make threats to damage someone’s property or harm them, as someone could sue you for terroristic threats or harassment.

Any of these issues could involve damages arising from anything you say, which can cost you a lot of time and money.

How to Write a Podcast Disclaimer

We’ve been discussing the legal issues you can face without the proper public legal documents, which may have you worried that you shouldn’t have a podcast at all.

Don’t worry, creating a disclaimer and other legal agreements for your podcast with our Podcast Legal Bundle is very simple.

As I mentioned earlier, you get my Podcast Disclaimer template at a huge discount with our podcast legal bundle at checkout.

Or you can grab this template individually.

Here’s what you get with our legal bundle for podcasters:

Podcast Guest Release Form to use with your guests to get permission to use their likeness, voice, or video in your podcast.

Podcast Sponsorship Agreement to use with potential sponsors for your podcast. Sponsorships are a great way to monetize your podcast and bring in revenue. You must document attribution details, licenses, and permissions for all third-party materials you use.

Podcast Co-Host Agreement to use with your co-hosts. Working with a co-host on your podcast can bring new perspectives and energy to your show.

Podcast Production Agreement to use with producers. If you are working with a podcast producer, it’s essential to have a clear understanding of the production process and ownership of the final product.

PLUS some incredible bonuses here.

Add my Podcast Disclaimer Template here to inform listeners of any possible risks to consider when listening to your podcast show.

It’s a type of disclaimer that explains that the use of the information provided or “use of this website” as a professional advice is at the user’s own risk and not for a particular result or purpose or the guarantee of future results.

Listeners need to know that this legal disclaimer or disclaimer statement is an essential legal notice for your podcast.

As a recap, this comprehensive bundle of legal templates includes everything you need, including the following legal provisions:

Podcast Guest Responsibilities
Governing Law
Podcast Cancellation and Rescheduling policy
Assumption of Risk and Limitation of Liability Clause
Ownership of Intellectual Property
Host Responsibilities
Co-host Responsibilities
Division of Expenses and Profits between co-hosts
Payment Terms
Producer and Host Responsibilities and Rights
Sponsorship Services
Terms of Use or Conditions of Use of the Podcast
Sponsorship Services

You’ll also get two bonuses: a podcast pitch template to invite guests onto your show and a podcast pitch template to be a guest on other shows.

We’ve done everything for you, including idiot-proof instructions (seriously, anyone can do this) and examples. The directions will help you customize each legal document and have it ready in less than 15 minutes.

Click here to buy the Podcast Legal Bundle and avoid stressful legal problems.

Get back to doing what you love—creating and publishing valuable podcast episodes for your audience.

FAQs on Podcast Legal Disclaimer

When it comes to podcast disclaimers, here are some common questions I get as a business lawyer.

So check out the responses to learn more.

How do you write a disclaimer for a podcast?

You can try writing a podcast legal disclaimer on your own, but you are likely to make mistakes.

Unless you are well-versed in the legal language, it’s hard to put together a proper disclaimer that covers everything.

The easiest way to write a podcast disclaimer is to purchase our easily customizable disclaimer with our Podcast Legal Bundle.

Or you can buy it separately here.

As a business lawyer, I wrote all the contracts, so you can rest assured you have all the legal documents you need to protect your podcast.

We designed these legal templates to be simple to use, with instructions and features like general legal or disclaimer examples that guide you in customizing it for your podcast.

With our legal templates, you will have a proper disclaimer and other legal agreements set up in minutes.

Do podcasts need disclaimers?

Yes, podcasts should have disclaimers to protect both the creators and listeners from potential legal issues.

A podcast disclaimer statement helps define boundaries, prevent lawsuits, and promote transparency between the podcast host and the audience.

Podcast hosts need to include a disclaimer in their episodes or show notes to provide necessary information about their content and intentions. This not only protects the creator but also builds credibility with the audience.

Also, your podcast needs a disclaimer to protect you from something a guest says on the podcast. People can misuse or misrepresent things said in your show.

So, a disclaimer prevents someone from taking legal action against you.

Can a podcast be sued for defamation?

Yes, anyone can sue a podcast or podcast host for defamation (slander or libel) if a guest or you make false or defamatory statements about someone else.

That’s why having the proper podcast legal documents and contracts in place is so important.

Is a podcast considered intellectual property?

Yes, a podcast is a form of intellectual property because it’s your creative work protected by copyright laws.

This includes the audio recordings, scripts, music, logos, and any other original content produced for the podcast.

This is another reason you need a podcast disclaimer to assert your legal right.

You can add a copyright disclaimer (or copyright notice) noting that the content is your intellectual property. This protection exists regardless of registration and offers additional benefits.

Pro tip: You can use this AI tool to create your podcast descriptions, video scripts, and more.

Final Thoughts on Podcast Disclaimer

A podcast disclaimer is an essential document for every podcast host to have.

Now you know WHY you must have it in place and HOW to create it in minutes with our legal template here.

You can cover all your legal bases with the Podcast Legal Bundle.

By protecting your podcast with this comprehensive legal bundle, you can guarantee that you won’t have to worry about being sued.

And that also means you won’t have to pay damages arising from something you or a guest say. You can avoid costly legal mistakes that could shut down your podcast.

I promise your future self and business will thank you.

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Podcast Disclaimer: Smart Tips for Creating Disclaimers Fast