Image Release Agreement

IMAGE RELEASE AGREEMENT

This Image Release Agreement ("Agreement") is entered into as of Month Day Year by and between Releasee Name: ("Releasee") and Releasor Name: ("Releasor").

RECITALS

WHEREAS, Releasee is engaged in the business of creating, producing and exploiting photographic, video and other visual media (collectively, "Images"); and

WHEREAS, Releasor is the natural person or legal entity appearing in or owning rights in the Images and desires to grant Releasee rights to capture, use and license such Images on the terms set forth herein; and

WHEREAS, the parties wish to set forth the terms under which the Images may be used, reproduced and licensed.

NOW, THEREFORE

In consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. GRANT OF RIGHTS

1.1 Grant. Releasor hereby irrevocably grants to Releasee, and Releasee's successors, licensees and assigns, a perpetual, worldwide, transferable, sublicensable, royalty-free license and right to use, reproduce, publish, distribute, display, modify, create derivative works of, digitize and otherwise exploit the Images in any and all media now known or hereafter devised, for advertising, promotion, trade, editorial, commercial and any other lawful purposes.

1.2 Assignment. Releasor assigns to Releasee all right, title and interest in and to the Images and any copyrights and related rights to the extent transferable by law; to the extent assignment is not effective, Releasor grants the broadest license possible under applicable law.

2. DESCRIPTION OF IMAGES; CAPTURE DETAILS

Date of capture: Month Day Year . Location of capture:

3. COMPENSATION

3.1 Consideration. In full consideration for the rights granted herein, Releasee shall pay Releasor the sum of $ (USD) payable in accordance with the parties' separate agreement, or as otherwise agreed in writing. If no monetary consideration, indicate "No monetary consideration" in the amount field.

4. MORAL RIGHTS; WAIVER

Releasor hereby irrevocably waives, to the fullest extent permitted by law, any and all moral rights, droit moral, attribution rights and similar rights in and to the Images and any derivatives thereof, including the right to object to derogatory treatment. To the extent any such rights are not waivable under applicable law, Releasor grants Releasee the broadest possible rights necessary to achieve the purposes of this Agreement.

5. REPRESENTATIONS AND WARRANTIES

5.1 Releasor represents and warrants that Releasor is the sole owner of all rights granted herein or has obtained all necessary consents, that the execution and performance of this Agreement will not violate any other agreement, and that there are no outstanding claims, liens or encumbrances affecting the Images.

5.2 Releasee represents that it will use the Images in a manner consistent with applicable law and will not knowingly use the Images in a manner that defames Releasor.

If checked, Parent/Guardian Name:

6. CREDIT; PUBLICITY

Releasee may, but is not required to, provide credit to Releasor in connection with use of the Images as follows: . Releasor grants Releasee the right to use Releasor's name, likeness and biographical material in connection with the Images for promotional and commercial purposes.

7. CONFIDENTIALITY

The parties acknowledge that certain information exchanged in connection with this Agreement may be confidential. Neither party shall disclose the other's confidential information except as required by law or with prior written consent. The Images themselves may be used as provided herein and are not deemed confidential by virtue of this Agreement.

8. INDEMNIFICATION

Releasor shall indemnify, defend and hold harmless Releasee and its licensees, successors and assigns from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of any breach of Releasor's representations, warranties or obligations under this Agreement. Releasee shall indemnify Releasor for claims arising from Releasee's gross negligence or willful misconduct.

9. TERMINATION; REVOCATION

This Agreement is intended to be perpetual and irrevocable. Releasor acknowledges that Releasee's rights are broad and that Releasor may not revoke or rescind this Agreement except by mutual written agreement. Any purported revocation by Releasor absent such written agreement shall be void.

10. NOTICES

All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally or sent by certified mail, postage prepaid, to the addresses set forth below or to such other address as a party may designate by written notice.

11. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the substantive laws of the jurisdiction selected by the parties: State/Province without regard to conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration unless the parties mutually agree otherwise.

12. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

13. COUNTERPARTS; EXECUTION

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic means (including scanned signatures) shall be binding.

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