Marketing Model Release

MARKETING MODEL RELEASE

This Marketing Model Release (the Agreement) is entered into by and between Brand/Client: and Model/Participant: . Agency/Creator (if applicable):

Participant Information

Campaign and Deliverables

Campaign Name: | Objectives:

Scheduled Shoot Date(s): | Location:

Compensation

Consideration: Model shall receive a fee of $ payable as follows:

Kill Fee if materials are not used by Brand within days of delivery: $.

License, Uses and Ownership

Model hereby grants Brand, its affiliates, licensees and assigns an irrevocable, perpetual, worldwide, royalty-free license to use Model’s name, image, likeness, voice, biographical material and performance (collectively, Likeness) in connection with the Campaign and all related marketing and promotional activities in any and all media now known or hereafter developed. Territory: . Duration: .

Brand shall own all marketing materials and final deliverables incorporating the Likeness. Model waives any right of approval of finished materials and any claim to additional consideration for license extensions, sublicenses, or transfers. Model assigns to Brand all right, title and interest in any creative works created specifically for the Campaign to the extent transferable; Brand may, but is not required to, credit Model as follows: .

FTC Disclosure Compliance

Model represents and warrants that any endorsements, testimonials or promotional statements made by Model about Brand, products, or services will comply with applicable endorsement and disclosure obligations. Model shall clearly and conspicuously disclose any material connection to Brand when required by law or industry guidelines. Model acknowledges Brand may require pre-approval of endorsement text for certain paid posts.

I acknowledge and agree to comply with applicable endorsement disclosure requirements.

Exclusivity

Model's engagement is: Non-exclusive Exclusive for category: Duration of exclusivity (if any):

Release, Warranties and Indemnity

Model unconditionally releases and discharges Brand, Agency/Creator, their subsidiaries, licensees, agents and assigns from any claims, demands or causes of action arising out of the use of the Likeness, including claims for invasion of privacy, defamation, violation of publicity rights, or any other cause of action, whether known or unknown. Model warrants that Model has full right and authority to enter into this Agreement and that no other agreement conflicts with the rights granted herein.

Model shall indemnify and hold harmless Brand and Agency/Creator from and against any losses, liabilities, damages and expenses (including reasonable attorneys' fees) arising from any breach of the foregoing warranties or from Model's negligent or willful acts in connection with the Campaign.

Representations; Minor Participants

Model represents and warrants that Model is at least 18 years of age and legally competent to enter this Agreement. If Model is a minor, parent or legal guardian must execute the parental consent below and provide proof of authority. Is Model a minor?

Termination

This Agreement may be terminated by Brand for convenience upon days' written notice. If Brand terminates without cause after Model's performance has commenced, Brand will pay the kill fee specified above, subject to mutual accounting for expenses. Termination for material breach entitles the non-breaching party to all remedies available at law or in equity.

Governing Law and Miscellaneous

This Agreement shall be governed by the laws of the State of , without regard to conflict of law principles. Remedies are cumulative; severability applies if any provision is held invalid. This Agreement constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements and understandings, written or oral.

Acknowledgment

By signing below, Model affirms that Model has read, understands and accepts the terms of this Marketing Model Release and that Model is authorized to grant the rights set forth herein. Brand affirms that it has authority to accept this release on behalf of Brand and its affiliates for the Campaign.

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