Commercial Photography Release Form

Commercial Photography Release Form

Parties and Recitals

This Commercial Photography Release Form (the Release) is made and entered into on this date:

WHEREAS, Photographer: , with business address , is engaged in providing professional photographic services; and

WHEREAS, Client: , with business address , desires to retain Photographer to produce certain photographs for commercial use as described herein;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

Scope of Work

Payment Terms

Client shall reimburse Photographer for pre-approved out-of-pocket expenses reasonably incurred in connection with the Services. All payments are non-refundable except as expressly stated in this Release.

Grant of Rights; Copyright

Photographer retains copyright in all original photographs and negative or digital files created in connection with the Services. Subject to full payment of all amounts due, Photographer grants Client a Exclusive Non-exclusive license to use the delivered images for the following purposes (check all that apply):

Web and social media Print advertising Editorial Broadcast/video Other:

Unless otherwise agreed in writing and compensated by Client, any assignment of copyright or transfer of exclusive rights requires a separate written agreement and additional consideration. Photographer may use the images for self-promotion, portfolio, competitions, and editorial purposes unless Client marks the images as Confidential pursuant to this Release.

Model Release and Talent

By signing this Release, the person(s) identified above grant Photographer and Client the irrevocable right to photograph, record, reproduce, and use their image, likeness, voice, and performance in connection with the Project and in any medium now known or hereafter developed, worldwide, in perpetuity, subject to the usage rights selected above.

If a subject is a minor, check the box below and provide guardian information: Minor present — Guardian name:

Delivery; Acceptance

Photographer will deliver images in the formats specified above. Client shall notify Photographer of any nonconformity within seven (7) days of delivery; failure to give timely notice constitutes acceptance.

Term and Termination

This Release commences on Start Date: and continues until End Date: , unless earlier terminated in accordance with this Section.

Either party may terminate this Release for material breach by the other party if the breach remains uncured thirty (30) days after written notice. Termination shall not relieve Client's obligation to pay for Services provided and expenses reasonably incurred prior to termination.

Confidentiality

Any materials or information explicitly designated in writing as Confidential by either party shall be held in confidence and not disclosed to third parties without prior written consent. Confidentiality obligations survive termination for a period of years, except for information that becomes public through no fault of the receiving party or that is required to be disclosed by law.

Warranties; Indemnification

Each party represents and warrants that it has the full right and authority to enter into this Release and to grant the rights and licenses granted herein. Client shall indemnify, defend and hold harmless Photographer from and against any third-party claims arising from Client's use of the images outside the scope of the rights granted, except to the extent caused by Photographer's gross negligence or willful misconduct.

Limitation of Liability

Except for liability arising from a party's gross negligence, willful misconduct, or breach of confidentiality, neither party shall be liable to the other for indirect, incidental, consequential, special, or punitive damages, and Photographer's total liability under this Release shall be limited to the fees paid by Client to Photographer under this Release.

Governing Law; Dispute Resolution

This Release shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. The parties agree to attempt to resolve disputes through good-faith negotiation prior to initiating litigation.

Entire Agreement; Amendment

This Release, together with any attachments or written addenda signed by the parties, constitutes the entire agreement between the parties and supersedes all prior negotiations, proposals, and agreements, whether written or oral. Any amendment or modification of this Release must be in writing and signed by both parties.

Miscellaneous Provisions

If any provision of this Release is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Release without the prior written consent of the other, except that Photographer may assign to an affiliated entity or in connection with a sale of substantially all of Photographer's business assets.

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