Photographer Release Form

PHOTOGRAPHER RELEASE FORM

This Photographer Release Agreement (the "Agreement") is made and entered into as of by and between Photographer Name: with principal place of business at ("Photographer"), and Subject Name: residing at ("Subject").

RECITALS

WHEREAS, Photographer is engaged in the business of creating photographic images and media and possesses skill and equipment to produce professional photographs; and

WHEREAS, Subject has agreed to participate in a photographic session and to grant Photographer certain rights in connection with photographs and other media produced of Subject; and

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to ownership, use, and exploitation of the Images (as defined below).

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

"Images" means all photographic, digital, electronic, printed or other visual media created by Photographer of Subject pursuant to this Agreement, including still photographs, negatives, positives, digital files, and edited versions.

2. DESCRIPTION OF PHOTOGRAPHY

3. GRANT OF RIGHTS

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

Photographer shall own the copyright in the Images unless otherwise stated in writing. If the parties agree that copyright will be transferred, such transfer must be set forth in a separate written instrument signed by both parties. The rights granted to Photographer include the right to crop, enhance, composite, retouch or alter the Images.

4. CONSIDERATION

In consideration for the rights granted herein, Subject shall receive:

Receipt of such compensation is acknowledged by Subject and will be deemed full and sufficient consideration for the grants and releases set forth in this Agreement unless otherwise specified in writing.

5. MORAL RIGHTS; WAIVER

To the fullest extent permitted by law, Subject waives and agrees not to assert any moral rights, droit moral, or similar rights in the Images, and waives any right to inspect or approve finished products incorporating the Images. Subject hereby irrevocably assigns and transfers to Photographer any moral rights or equivalent rights that cannot be waived by contract under applicable law.

6. REPRESENTATIONS AND WARRANTIES

Subject represents and warrants that Subject is at least eighteen (18) years of age and has full right, power and authority to enter into this Agreement and to grant the rights herein granted. Subject further represents that the execution and performance of this Agreement will not violate any existing obligation or third-party right.

Photographer represents that Photographer has the right to license and use the Images as set forth herein and that Photographer shall comply with applicable laws in the creation and use of the Images.

7. RELEASE AND LIMITATION OF LIABILITY

Subject releases Photographer from any and all claims, demands, causes of action, or liability of any kind arising out of Photographer's use of the Images pursuant to this Agreement, including any claims for defamation, invasion of privacy, or violation of rights of publicity, to the extent permitted by law. Subject acknowledges that Photographer shall have no obligation to use the Images and that any use by Photographer will be at Photographer's sole discretion.

8. INDEMNIFICATION

Each party agrees to indemnify, defend and hold harmless the other party from and against any losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of any breach by the indemnifying party of any representation, warranty or covenant contained in this Agreement.

9. CONFIDENTIALITY

Except as required for the exercise of rights granted herein, neither party will disclose confidential information of the other. Confidential information does not include information that is publicly available without breach of this Agreement or independently developed.

10. TERM; SURVIVAL

This Agreement is perpetual and will survive the delivery of the Images. Sections regarding ownership, indemnification, release, warranties, and governing law shall survive termination or expiration of this Agreement.

11. NOTICES

All notices under this Agreement shall be in writing and delivered to the parties at the addresses set forth below, or to such other address as either party may designate in writing.

12. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended, modified or supplemented only by a written instrument signed by both parties. No waiver of any breach shall be effective unless in writing and signed by the waiving party. This Agreement may be executed in counterparts, each of which shall be deemed an original and together shall constitute one instrument.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state identified for notices of the Photographer, without regard to its conflict of law principles. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. ADDITIONAL PROVISIONS

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