Company is engaged in the business of digital graphics, digital publications, advertisement, print publications and/or producing of photography content, and Model wishes to perform modeling services for Company in exchange for the consideration agreed upon herein.
1. Model grants to Company the absolute worldwide and perpetual right and license, under Model’s rights of publicity, publicly, and all other rights, to copyright, use, publish, publicly display and perform, copy, distribute in any media (including without limitation any electronic media), market all portraits, pictures, images, sounds, literature, literary works, articles, textual writtings and/or likenesses of Model sent to the Company by Model, including modifications, derivations and composites thereof (the "Content") in any form, format or medium, including without limitation photographs, videos, digital video discs, internet streaming video and any other digital or non-digital formats, whether now known or hereafter invented. Company may exercise its rights in the Content; including without limitation its rights to alter and combine the Content, for any purpose whatsoever without further reward. This Section. Shall survive any termination of this Agreement.
2. Model grants to the Company the absolute right to use, in any context in Company’s sole discretion, in conjunction with the Content or its exploitation, any printer or verbal matter of any kind, including without limitation Model’s biography, pictures, audio recordings or other items provided by Model, any printed or verbal matter from any source other than Model, and any audio or visual content provided by others (which may be used, without limitation, to "double" or "dub" any performance attributed to Model). Model shall have no right whatsoever to review or approve any such use.
3. As part of (and without limiting) the foregoing grant, Model expressly grants to Company all rights (including without limitation privacy and publicity rights) to identify Model in connection with any permitted Company use of the Content by Model’s Stage Name, as shown in the first paragraph above, and by any other legal, fictitious or stage name which Model has used or now or in the future uses publicly (including any trademarked names) in connection with modeling or other commercial or professional activities.
4. Model further releases Company its subsidiaries, affiliates, officers, agents, or employees from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the Model to conspicuous ridicule, scandal, reproach, scorn and indignity. Model also waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Model, or any of the property belonging to Model, whether accidentally caused by the Company, or otherwise, while performing the photography session, or while in, on or upon the premises where the photography session was performed.
1. Model hereby warrants that he/she is above 18 (eighteen) years of age and has every right to contract in Model’s own name in the above regard. Model further states that Model has read the above authorization, release, and agreement prior to its execution, and that Model is fully familiar with the contents thereof.
2. Model represents that all poses, positions and situations enacted pursuant to this Agreement, including without limitation such poses, positions and situations captured in the Content, were entered into of Models own free will, and without any force, coercion or threat whatsoever and that Model was not under the influence of any alcoholic or intoxicating substances at the time.
3. Model has the right at any time to terminate any session without fear of any force, coercion or threat whatsoever. Model furthermore agrees to release Company from all accusation of such force or coercion by the Company or its agents. Model understands that he/she shall not be entitled to reward for any session or services terminated by Model.
4. This Agreement may be terminated by Company on notice to Model and without further payment to Model in the event that Model is, or appears to be, unable, unfit or unwilling to perform the services, if Model is involved in abuse of alcohol, drugs or other controlled substances, or if Model is charged with or proven guilty of any criminal act during the performance of Model’s services pursuant to this Agreement.
5. Model is an independent contractor. Nothing in this Agreement shall be construed as creating any agency or employment relationship between Model and the Company. Model shall be responsible for all taxes related to the payments hereunder, and shall not be entitled to any employment-related benefits.
6. Model further releases the Business its subsidiaries, affiliates, officers, agents, servants, or employees ("Releasees") from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the Model to conspicuous ridicule, scandal, reproach, scorn and indignity. Model also waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Model, or any of the property belonging to Model, whether caused by the negligence of the Releasees, or otherwise, while performing the photography session, or while in, on or upon the premises where the photography session was performed.!
7. This Agreement, and the rights contained herein, may be licensed, sold, or assigned by Company to any person or entity, without notification to or consent of Model and without further compensation to Model. Specifically, Model acknowledges that the rights, licenses and releases, as well as the representations of Model, granted and made herein extend to Company’s successors, licensees (including distributors) and assigns, and Model intends that they shall each and all benefit there from. Model’s rights and obligations hereunder are personal and non-assignable.
8. This Agreement contains the entire agreement between Model and the Company, and there are no oral understandings, terms or conditions. Neither Model nor the Company has relied upon any representation, express or implied, not contained herein. All prior negotiations are merged in this Agreement. This Agreement may not be modified orally, but only by a written agreement signed by the party against whom enforcement is sought.
9. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have executed this Agreement by their signatures below.