Photography Photo Release

PHOTOGRAPHY PHOTO RELEASE

Recitals (WHEREAS)

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

WHEREAS, Participant Name: (also referred to as the "Releasor") consents to photographic services and desires to grant Photographer certain rights in the Photographs as set forth below; and

WHEREAS, the parties wish to set forth the terms under which photographs and related media created by Photographer may be used, distributed, and licensed.

Parties and Contact Information

Scope of Work

Description of services and deliverables. Provide the location(s), type of shoot, and approximate number of final images:

Date(s) of shoot:

Payment Terms

Late payment penalty: per month or per late invoice. Payments more than days past due incur late fees.

Term and Termination

This Agreement commences on: and continues until: , unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement upon days' prior written notice to the other party. Termination shall not relieve the Participant of liability for amounts due for services rendered prior to the effective date of termination, nor shall it affect the licenses granted herein which are stated to survive termination.

Grant of Rights and Release

Participant hereby irrevocably grants to Photographer, and Photographer's successors, licensees and assigns, a perpetual, worldwide, transferable, sublicensable, royalty-free right to use, reproduce, publish, distribute, display, modify, create derivative works from, and otherwise exploit photographic images and related media (the "Photographs") in any media now known or later developed, for commercial, promotional, editorial, advertising and any other lawful purposes.

Participant expressly waives any right to inspect or approve any finished product in which the Photographs may be used and releases Photographer from any claims for invasion of privacy, defamation, or other claims arising out of the use of the Photographs as permitted by this Agreement.

Photographer shall hold exclusive rights to the Photographs.
Photographer shall hold non-exclusive rights to the Photographs.

Confidentiality

Each party shall treat as confidential any non-public information expressly identified in writing as confidential by the disclosing party that is obtained in connection with performance under this Agreement. Confidential information does not include information that is or becomes generally available to the public through no act or omission of the receiving party, or that is independently developed by the receiving party without use of the disclosing party's confidential information.

Representations; Indemnification

Participant represents and warrants that Participant has full legal capacity to enter into this Agreement, that Participant is not subject to any third party rights that would prevent the grants herein, and that Participant's participation does not infringe the rights of any third party. Participant agrees to indemnify, defend and hold harmless Photographer from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising from Participant's breach of the foregoing representations and warranties.

Governing Law

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

Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter herein and supersedes all prior proposals, negotiations, and agreements, whether written or oral. Any modifications must be made in writing and signed by both parties.

Miscellaneous

If Participant is under the age of eighteen (18), the parent or legal guardian must execute this Release on Participant's behalf. Guardian Name:

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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