Photography Model Release and Waiver

PHOTOGRAPHY MODEL RELEASE AND WAIVER

This Photography Model Release and Waiver (the Agreement) is made on this Day: Month: Year: by and between Photographer Name: with Address: (Photographer), and Model Name: with Address: (Model / Parent or Legal Guardian).

RECITALS

WHEREAS, Photographer is engaged in the business of creating photographic, video and digital images and related materials and desires to obtain the rights to use Model's likeness for commercial, editorial and promotional purposes; and

WHEREAS, Model (or Model's Parent or Legal Guardian where applicable) is willing to grant Photographer such rights, subject to the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend that this Agreement constitute a release and waiver of certain claims by Model in favor of Photographer and Photographer's licensees, successors and assigns.

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

1. DESCRIPTION OF SERVICES AND SHOOT

Shoot Date(s):   Location:

2. GRANT OF RIGHTS

Model hereby irrevocably grants to Photographer, and Photographer's licensees, successors, assigns and designees, the perpetual, worldwide, royalty-free, transferable right and license to photograph, record, reproduce, publish, distribute, exhibit, display, and otherwise use Model's name, likeness, image, voice and biographical information (collectively, the Likeness) in any media now known or hereafter devised, for any purpose including commercial, promotional, advertising, editorial and trade purposes, without further compensation to Model.

3. USE, EDITS, AND MORAL RIGHTS

Model acknowledges and agrees that Photographer has the right to crop, alter, retouch, composite, or otherwise modify the Likeness, and consents to such uses. Model knowingly and expressly waives any claim based on misrepresentation, false light, defamation, invasion of privacy or infringement of any moral rights in connection with such uses.

4. COMPENSATION

Consideration: . Model acknowledges receipt of the consideration set forth above, which is adequate and sufficient.

5. RELEASE AND WAIVER

Model releases, discharges and holds harmless Photographer and Photographer's licensees, successors, assigns, employees and agents from any and all claims, demands, liabilities, losses, damages and causes of action of any kind arising out of or related to the Photographer's use of the Likeness, including but not limited to claims for invasion of privacy, appropriation of likeness, emotional distress or other personal injuries, except to the extent caused by Photographer's gross negligence or willful misconduct.

6. REPRESENTATIONS AND WARRANTIES

Model represents and warrants that Model is at least eighteen (18) years of age and has the full right and authority to enter into this Agreement. If Model is under eighteen (18) years of age, the person signing on Model's behalf represents that they are Model's parent or legal guardian and have the full authority to grant the rights herein.

Acknowledgment of Age: Model represents that they are at least 18 years of age.

7. INDEMNIFICATION

Model agrees to indemnify and hold harmless Photographer from and against any and all claims, demands, losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys' fees) arising out of Model's breach of any representation, warranty or covenant contained in this Agreement.

8. TERM AND TERMINATION

This Agreement is effective as of the date first written above and shall continue in perpetuity unless otherwise agreed in writing by the parties. Photographer's rights granted under this Agreement are not subject to termination by Model except by written agreement signed by Photographer.

9. CREDIT

Credit: Photographer will provide credit to Model when feasible. Any failure to provide credit shall not give rise to a claim for damages beyond the remedies expressly set forth in this Agreement.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered by hand, certified mail, or nationally recognized courier to the addresses below or such other address as either party may specify in writing.

11. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in the county of .

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether written or oral.

13. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable to the fullest extent permitted by law.

14. AMENDMENT; WAIVER; COUNTERPARTS

No amendment or modification of this Agreement will be effective unless in writing and signed by both parties. No waiver of any breach shall be deemed a waiver of any subsequent breach. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

15. ADDITIONAL PROVISIONS

Photographer may assign or license any of the rights granted herein to third parties without further consent from Model. Model shall not assign this Agreement or any rights hereunder.

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