The following contract between the person signing below, referred to as the provider, and Dark Elixir Magazine, referred to as the magazine, shall serve as a release that covers photos, artwork, articles, text, and any other content provided for the magazine.
In consideration of my interaction as a content provider and for good and valuable consideration herein acknowledged as received, I grant Dark Elixir Magazine, those for whom the magazine is acting, and those acting with her authority and permission, the license to use in his/her name, and reuse, publish, republish photographs, artwork, articles, text, and content of me or in which I may be included, in whole or in part, or in conjunction with my own or a fictitious name, or otherwise made through any and all media, for illustration, promotion, art, or any other purpose, hereafter known, whatsoever related to Dark Elixir Magazine and any other promotional tools (social media). I also consent to the use of any text used in conjunction with my submission. I understand there is no commission or compensation for provided materials, this being printed copies or digital copies. Dark Elixir Magazine also does NOT provide promotional Tear Sheets to providers (this doesn't apply to our Partner Studios nor cover selections). Dark Elixir Magazine is under no obligation to provide free magazines or materials to providers.
I hereby agree to release, discharge and to save harmless Dark Elixir Magazine, and all persons acting under her permission or authority, or those for whom she/he is acting, from any liability in any way, that may occur or be produced in the taking of said photos, whether intentional or otherwise, that may occur or be produced in the taking of said photos, artwork, text, or content or in any subsequent processing, including without limitation any claims for libel or invasion of privacy. Content will only be altered in relation to the magazine and will only be done in the best interest of the provider and magazine. All articles are subject to proof reading and may be edited for grammar in the best interest of the writer without jeopardizing the integrity of the article.
I hereby warrant that I am of legal age to be in photographs, (18 years or older), in the jurisdiction in which this release is executed and have the right to sign contracts in my own name, that I have read this authorization, release and agreement, prior to its execution and fully understand and agree with its terms. I understand that Dark Elixir Magazine does NOT publish minors (excluding our Smitten Kitten Pinup Magazine's Mother's Day issue). This release shall be binding unto me, my heirs, and my legal representatives and Dark Elixir Magazine, this magazine's legal representatives, and those acting with Dark Elixir Magazine’s authorization. I warrant that any forms of identification or other documents I have shown the photographer to establish my age are legal, valid, and not counterfeit or fraudulent. Dark Elixir Magazine, those for whom the magazine is acting, and those acting with her authority and permission will not be held liable for fraudulent signatures (handwritten or electronic).
This release grants Dark Elixir Magazine permission to publish and republish photos, articles, text, and content without time limit or restricted to any medium currently available at a future time. All credits will be published pertaining to the model and photographer as identified in this contract.
I agree that all of my statements are true. I understand that submission of photos are not a guarantee of publication (excluding sponsorships). Photos will be used as they are deemed fit based on timing, deadlines, available space, and specific issue themes. I agree to notify verbally or in written form all involved parties of the submitted content for publication. Dark Elixir Magazine will NOT be held liable for falsified information provided by models, photographers, or any artists.
I agree to notify Dark Elixir Magazine if any of the materials have previously been published, and that I have the right to give publication rights to Dark Elixir Magazine. I agree Dark Elixir Magazine does not accept photos that have already been published - in print or digitally - in other magazines and understand that if Dark Elixir Magazine accepts my work for an issue and finds that it has already been published, Dark Elixir Magazine has the right to pull it from publication.
When signing this release form, I agree to the owning of rights to all images submitted. I understand that if I do not own the rights to my images, I must have my photographer complete and sign this release form. Dark Elixir Magazine, those for whom the magazine is acting, and those acting with her authority and permission will not be held liable for fraudulent signatures (handwritten or electronic) of those who do not own the rights to the content submitted.
I agree to allow Dark Elixir Magazine the rights to use any portion of, or all of my writing, photography, images, paintings, videos, artwork and or drawings, text, content ( referred to as “SUBMISSION (S)) (listed in the content details) for their magazine.
I hereby state that:
• I am the sole owner and copyright holder of the submission(s) and have the right to allow Dark Elixir Magazine to publish my submission(s) without infringing on the ownership or copyright of any other entities or persons.
• I understand that Dark Elixir Magazine has no control over who reads Dark Elixir Magazine or the amount of readers Dark Elixir Magazine has.
• Dark Elixir Magazine will actively publish the magazine whenever and in whatever media form they choose including but not limited to online, mobile, digital, and print modes of publication.
• I will not submit anything that is not rights-free or content that I share the rights to, to Dark Elixir Magazine without first clearing the use of content by Dark Elixir Magazine in a signed document by all other parties associated with said content.
• I understand and agree that Dark Elixir Magazine has no liability or involvement, legal or otherwise, with any submission(s) that I have not cleared the rights for.
• I understand that the employees, editors, and owners of Dark Elixir Magazine will not be held liable for any legal issues arising out of false statements or signatures (handwritten or electronic) made by me about my submission(s) or my inability or ignorance in clearing the rights with any other rights holder of my submission(s).
• I understand and agree that Dark Elixir Magazine may need to edit my submission(s).
• I understand that Dark Elixir Magazine may or may not use my submission(s), or may decide to use only a portion of my submission(s). This excludes sponsorships. However, by entering this agreement, I have given Dark Elixir Magazine the option to use the submission(s) for publication.
• I understand that if I am the model who owns the rights to my photos and I leave the Photographer’s Legal Name, Photographer’s Studio Name, or the Photographer's email address blank (or type N/A in these sections) on my submission release form, Dark Elixir Magazine has the right to forfeit my submission.
• I understand that all submission(s) are in-kind and my only compensation or commission will be credit for my submission(s) published with Dark Elixir Magazine. Credit will be given under the name or fictitious name I specify as part of the copyright of the submission(s).
• I understand the way my model name and photographer's name are written and spelled on this release form is the way it will be published in print.
• I understand that once submission(s) are made, they cannot be withdrawn.
• In case of submission(s) containing nudity or partial nudity, I agree to submit ONLY implied nudity content. I understand full nudity will NOT be accepted.
• I verify that I am 18 years of age or older (Dark Elixir Magazine will not be held liable for falsification of legal age).
• I hereby agree to release these photos, articles, artwork, text, and other content provided to Dark Elixir Magazine via electronic or social media, from and against any claims, liabilities or damages arising from the use of content mentioned above including but not limited to any blurring, alterations, or distortions that may occur or be produced in the production of the finished product. The only alterations or editing that shall be done by Dark Elixir Magazine are cropping to fit layout design or advertisement.
• I understand that once submitting my release form to Dark Elixir Magazine, and if there are any changes that need to be made to the publication (once published) which is different from what is written on my release form BY ME, there WILL BE a $200.00 USD charge.
• I understand that Dark Elixir Magazine does NOT provide Tear Sheets of any kind to anyone submitting to our magazine. This does NOT apply to our magazine's Partner Studios nor does it apply to cover selections.
• I understand that due to the amount of submissions received by Dark Elixir Magazine, content is NOT a guarantee of publication (excluding sponsorships). I understand that content for publication is used based on deadlines being met, the magazine’s current themes for the month, timing, available space, and what is used to fit the criteria of Dark Elixir Magazine.
* I understand that it is MY resposibility as the model and/or photographer to provide factial information on this release form. It is NOT the responsibility of Dark Elixir Magazine to track down information that isn't provided correctly on this release form.
* I understand as the model and/or photographer that I will NOT submit the same release form more than once with the same imagery set. I understand if this is done, Dark Elixir Magazine WILL NOT accept any future submissions from me.
* I understand as a model and/or photographer that Dark Elixir Magazine does NOT accept the same photo sets from multiple models by one photographer. Dark Elixir Magazine also does NOT accept the same photo sets from one model with multiple wardrobe changes.
* I understand that Dark Elixir Magazine (and those acting on her behalf) DO associate and communicate with other publishers regarding submissions. I understand as the model and/or photographer that if I have wasted other publishers' time with falsification, negligence, ignorance, or any othe kind of questionable behavior, this will disrupt my reputation with Dark Elixir Magazine.
• I understand that an electronic signature is a legally binding signature as well as a handwritten signature.
• I understand that this release form is a legally binding contract.