Photography Image Release Form

PHOTOGRAPHY IMAGE RELEASE FORM

This Photography Image Release Agreement ("Agreement") is made effective as of by and between Photographer: and Subject/Client: .

RECITALS

WHEREAS, Photographer is engaged in the business of creating, producing and distributing photographic images and related media; and

WHEREAS, Subject desires to grant Photographer certain rights to use photographic images, recordings and derivatives depicting Subject, and Photographer desires to obtain such rights on the terms set forth herein; and

WHEREAS, the parties intend that this Agreement set forth the full scope of the rights granted, compensation, and the parties' respective warranties and obligations.

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. GRANT OF RIGHTS

Subject hereby irrevocably grants and conveys to Photographer, and Photographer's agents, licensees, successors and assigns, an exclusive/non-exclusive (select as applicable) perpetual, worldwide, royalty-free, transferable and sublicensable right and license to photograph, reproduce, edit, publish, distribute, display, exploit and create derivative works of all photographic images, negatives, digital files, video recordings and other media (collectively "Images") of Subject, in whole or in part, in any and all media now known or hereafter devised, for any purpose including commercial, advertising, editorial, promotional, archival and stock uses.

2. SCOPE OF USE AND RIGHTS RESERVED

Photographer shall have the right to crop, retouch, combine, alter color or otherwise modify the Images and to use Subject's name, image, voice, likeness and biographical material in connection with the Images. Subject expressly waives any right to inspect or approve finished product or the use to which it may be applied.

3. DESCRIPTION OF IMAGES / SHOOT DETAILS

4. CONSIDERATION

In consideration for the rights granted herein, Photographer shall provide the following to Subject: . The parties acknowledge that such consideration constitutes full and fair consideration and is not contingent upon any future approval.

5. MORAL RIGHTS AND WAIVERS

Subject hereby irrevocably waives, to the fullest extent permitted by law, any and all claims Subject may now or hereafter have under any laws relating to moral rights, droit moral, or similar rights in the Images and any derivatives or uses of the Images.

6. CREDIT

Photographer requests credit as follows: . Photographer's failure to provide credit in any particular instance shall not constitute a breach of this Agreement nor relieve any payment obligation.

7. REPRESENTATIONS AND WARRANTIES

Subject represents and warrants that Subject has full right, power and authority to enter into this Agreement and to grant the rights granted herein and that the use of the Images by Photographer as permitted hereunder will not infringe upon the rights of any third party. If Subject is under the age of majority, the undersigned parent or legal guardian represents and warrants authority to bind the minor and grant the rights herein.

Is Subject a minor?: Yes

8. INDEMNIFICATION

Subject agrees to indemnify, defend and hold harmless Photographer and Photographer's licensees, agents and assigns from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of any breach of the representations, warranties or agreements made by Subject herein.

9. TERM, TERRITORY AND ASSIGNMENT

The rights granted in this Agreement are perpetual and worldwide. Photographer may assign, transfer and sublicense any or all rights granted hereunder without further consent of Subject.

10. NOTICES

All notices and communications required or permitted under this Agreement shall be in writing and delivered to the addresses below.

11. AMENDMENTS; WAIVER; COUNTERPARTS

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

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the substantive laws of the state whose courts shall have exclusive jurisdiction over disputes hereunder. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. MISCELLANEOUS

The parties acknowledge that they have read and understood this Agreement, that they are competent to execute it, and that it is binding upon their heirs, successors and permitted assigns.

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