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Photography Release Agreement

Photography Release Agreement

The parties to this release agreement are:

Full Legal Names:_______________________

Physical Address: _______________________________

Telephone Number and Email Address: _________________

(Hereinafter referred to as “the Model”)

AND

Full Legal Names:__________________________

Physical Address: ______________________________

Telephone Number and Email Address: ______________

(Hereinafter referred to as “the Photographer”)

Whereas for valuable consideration hereby acknowledged as received, the Model granted the Photographer permission to photograph and/or film and sound record the Model and furthermore grants permission to use the resulting work (“the Work”) according to the terms stated hereunder:

1.    Any permission granted to the Photographer shall extend to his/her successors, legal representatives, licensees and assigns and shall be irrevocable and perpetual without any further or additional claim for compensation by the Model.

2.    Use of the Work shall be unrestricted as to location, quantity or frequency, may be for any purpose and in any medium whatsoever, whether foreseen or unforeseen at this time, except where such use is in contravention of the law.

3.    Permission is specifically granted for the Work to be edited, altered, distorted, used in whole or in part, in conjunction with other images, graphics, text and sound in any way whatsoever and without restrictions.

4.    Permission herein granted is absolute and final and shall not be subject to further inspection or approval by the Model at any stage in the use of the Work.

5.    Use of the Work may be in conjunction with the Model’s own or fictitious names.

6.    The Photographer shall own all rights in the Work which shall accrue to the benefit of his/her successors, legal representatives and assigns.

7.    Notwithstanding the above, the following uses are specifically noted and agreed to and specific exclusions for use listed here shall take precedence and restrict the use of the Work accordingly:

 

 

8.    The Model warrants having read and understood this Model Release Agreement and warrants being of full legal age to enter into an agreement.

9.    With full knowledge of the above, the Model hereby releases and shall hold harmless the Photographer and his/her successors, legal representatives, licensees and assigns from all claims or damages including but not limited to defamation or violation of right of privacy or publicity, resulting from or associated with the use of the Work.

10.    The Model agrees that the provisions contained herein shall be binding upon the Model and his/her successors, legal representatives and assigns.

11.     This Agreement shall be construed, interpreted and governed in accordance with the laws of the State of Texas and should any provision of this Agreement be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.

12.    The parties agree that any or all parts of this agreement may be submitted to the other party in legible and recordable electronic form and upon acknowledgement of receipt by the receiving party shall become valid parts of the agreement.

13.     Although the restrictions contained in this Agreement are considered by the parties to be reasonable for the purpose of protecting the Confidential Information, if any such restriction is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included.

14. The Model agrees to indemnify and hold harmless Photographer and [INSERT] from and against all losses, claims, damages and liabilities to the maximum extent permitted by applicable law

15.     The Model agrees to assign, and hereby assign, to the [INSERT], without additional compensation, all right, title and interest in all creations, inventions, ideas, designs, copyrightable materials, trademarks, and other technology and rights (and any related improvements or modifications), whether or not subject to patent or copyright protection (collectively, “Creations”), relating to any activities of the [INSERT] that are conceived or developed by the Model in the course of The Model’s employment, whether conceived alone or with others and whether or not conceived or developed during regular business hours, and if based on Confidential Information, after the termination of my employment for any reason.  Such Creations shall be the sole property of the [INSERT] and, to the maximum extent permitted by applicable law, shall be deemed “works made for hire” as the term is used in the United States Copyright Act.

Signed at __________________ on this _____day of ___________________

Model’s Signature: _______________________________

Signed at __________________ on this _____day of ___________________

Photographer’s Signature: _______________________________