Comprehensive Modeling Release
Images by Ian
ADULT MODEL RELEASE
- In consideration of my engagement as a model, and for other good and valuable consideration herein acknowledged as received, I irrevocably grant Ian Payton (herein, the Photographer), and his Associates (anyone acting on the Photographer's behalf or with the Photographer's permission, including but not limited to his heirs, legal representatives and assigns, those for whom the Photographer is acting, and those acting under his authority and permission) the unrestricted rights and permission now and hereafter to copyright and to use, display, sell, publish, and reuse and republish any and all Images (including but not limited to any and all visual, audio, and other images or impressions, photographs, negatives, slides, video and audio recordings, moving pictures, digital images, and any other original or derived works) of myself. I grant this permission in perpetuity in my own behalf and on the behalf of my estate in the event of my death.
- This document covers any and all Uses and Purposes (all uses in all current and future media the Photographer or his Associates chose, including but not limited to illustration, advertising, art, publication, trade, collections, reproductions, promotion, editorial, broadcast, products, and sale).
I hereby release, discharge, and agree to hold harmless the Photographer and his Associates for any and all uses of my Likeness (including but not limited to my own or fictional name, identity, form or shape, or any such Images of myself). I consent that Images or finished products may be Edited or Manipulated (any changes or distortions in character or in form whether intentionally or otherwise, including but not limited to blurring, distortion, alteration, optical illusion, or use in composite form, or through the use of any accompanying materials or text).
I further consent to the use of any printed matter or text (whether such is factual, fictional, or otherwise) in conjunction with any and all uses of my Likeness or Images. I waive any and all rights to inspect or approve or view original materials, designs, works, finished products, or associated printed matter.
Without limitations, I hereby release, discharge, and agree to save harmless the Photographer and his Associates from any claims for libel, invasion of privacy, or defamation of character. This document remains valid even if any such use(s) subjects me to scandal, ridicule, reproach, scorn, or indignity.
- In the event that any action is brought by me or any third parties concerning the use of my Likeness, I agree to pay the costs and expenses of the Photographer and his Associates for any such legal action, including attorney's fees, whether or not such action proceeds in judgment.
- I acknowledge that all Images are the copyrighted property of Photographer, and he may license, sell, or otherwise dispose of any or all materials at any time. I also understand that any photographs, artwork, or other materials I receive from the photographer are copyrighted and intended for my personal use. The photographer will grant me rights to reproduce and to use all such photographs which I receive ONLY for modeling promotional purposes, with the restriction that no charge of any kind is ever made to those receiving such photos or reproductions, and that all uses accompany a photo credit at least 6 point in size directly adjacent to the photo(s) stating "Copyright Ian Payton, ON, CA," and that all work which is reproduced in volumes greater than 10 will require that the model provide the photographer with at least two finished copies for copyright verification and studio portfolio uses.
- I hereby testify that I enter into this contract freely, without undue influence or pressure. I agree to accept Full Responsibility for all of my Actions (including but not limited to all modeling and posing, driving to and from sites, and all interactions with others and with the Photographer). I agree to be solely responsible for my Actions even in the circumstance that I choose to take any substance (including but not limited to alcohol, prescription or other drugs, plants, or chemicals, whether legal or otherwise) which may affect my thinking and judgment. I hereby testify that I will verbally and physically refuse any posing or other activities which I am not fully comfortable and wanting to perform.
- I understand this model release is not an employment contract, and therefore there is no obligation for me to continue posing for the Photographer or for the Photographer to continue working with me. Further, since I have the power to determine the hours, conditions, and type of my work, I will be considered an Independent Contractor for all of my Modeling time. As an independent contractor, I am responsible for reporting and paying taxes on any compensation related to my modeling.
- This contract constitutes the entire agreement and cannot be altered or varied unless amended in writing at the time of signing, and accompanied by the signatures of the photographer and myself. Subsequent contracts shall only affect images created after its signing. No other promises, representations, restrictions, or agreements will be recognized. I agree all clauses of this contract and its amendments are severable, and therefore if any provision of this document is invalid or inoperative under law, the remaining provisions shall continue in full force and effect. The laws of the Province of Ontario shall govern this agreement. All rights and releases enjoyed by the Photographer shall extend to his estate and Associates in perpetuity.
- I agree that this release shall cover any and all images taken of me by the photographer between and including the dates of ___________________________ and ______________________. I agree and understand that I am not due and will not receive any future compensation or recognition for any use of my images.
- I herewith state under penalty of perjury that I am _____ years old, and that I am of full legal age and have the right and ability to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and assigns.
I have fully read this release and agreement before signing, and warrant that I fully understand the content
and meaning.
Date: ___/___/20____
Legal Signature:_________________________________
Printed Full Legal Name: Current Age: :_________________________
Current Address, City, Province, Postal Code & Phone (fill out completely) Permanent Address, City, Province, Postal Code, & Phone
D.O.B.: ___/___/______
Photo ID#: _________________________________
Soc. Ins. # _____ - ____ - ________
PHOTO ID must be a driver's license, passport, work or school ID, or Provincial issued photo ID. Other ID: birth certificate, Social Security Card, Marriage Certificate, or Immigration Card.
(to physically authenticate model's identity)
- ROYALTY SHARE AGREEMENT
This royalty share agreement is separate from the above model release, and in no way affects or impacts that release. Within the modeling release, the model has given up all interest and claims to the images the photographer takes. As an incentive for the model to continue to be available to pose for the photographer, and to do modeling which is marketable as stock images or appropriate to other publication markets, the photographer is willing to give the models a share of any royalties he is paid on the sale of the models' images to third-party paper publishers (magazines, posters, postcards, calendars, greeting cards, etc.). If the terms of this agreement is broken by the model, then the photographer has no more obligation to the model, and the original terms of the model release protect the photographer.
These conditions are necessary to ensure that the model is instantly available to the photographer and any publishers to sign any additional paperwork required as part of the purchase of the images. Furthermore, models are expected (but not required) to continue to do posing for the studio in the styles and subjects which prove marketable.
Under this arrangement, the photographer will keep only 50% of the publication royalties he receives (actual royalties less payments for agent or representative commissions). He will take the remaining 50% and split it equally among the models in the sold photo(s). If any model has become ineligible to receive the payment, because of violations of the terms stated below, then that model's share shall revert back to the photographer. At his option, he may take this amount and distribute it to the rest of the models in the sold images.
In order to continue to benefit from this Royalty Share Agreement, the model must comply with these conditions:
1) The model must provide current address and phone numbers to the studio immediately with each move, so that the studio is able to reach the model at all times. Correspondence regarding sales of images will initially be in writing to the model -- however, mail will not be forwarded. Any mail returned will be a direct indication this term has been violated.
2) The model agrees to sign any and all additional releases the photographer
or publisher require as a condition of sale of the images. Failure to sign
a required release will permanently exclude the model from any future royalties
shares.
3) The model agrees to be available to speak with or correspond with any publishers who may desire additional information before or after purchasing publication rights to an image in which the model appears. The photographer will provide my most recent address and phone information to the publishers at their request.
4) If the photographer successfully sells reproduction rights to third party publishers in paper, and the model has never violated the terms of this Royalty Share plan, then the model will receive a portion of the royalties, as calculated here. Upon such a sale, the studio will retain 50% of the publication royalties which he personally receives (actual royalties less any agent fees or commissions) and evenly splits the remaining 50% among the models in the photograph(s). Any models who are no longer eligible for payment (because they have violated the conditions of this plan) will have their share of the royalties revert back to the photographer.
5) Within 30 days of the photographer receiving the royalty payment (herein
defined as the payment the photographer receives when any deposits clear through
his checking account) , the studio will issue checks to eligible models for
their respective portions of the proceeds. These checks will be mailed along
with notification of who purchased the photo reproduction rights to the models
through first class registered return receipt mail. This mail needs to be
signed for by the model in person at the address indicated. Any mail which
is not picked up within 10 days is returned to sender. If the model fails
to pick up the mail, it will be interpreted as a willful act of neglect, which
shall forfeit the model's claims or interests in any current share of royalties.
6) Any violation of the above conditions will terminate forever a model's claim and interest in any current or future royalties under this Royalty Share plan.
7) If the photographer fails to mail out payments within 30 days of receiving the royalty payment (having it clear through his accounts), he will be responsible for paying each eligible model three times the amount each is entitled to under the above plan. This shall be the limit of the photographer's liability to the models.
We the below signed parties agree to the terms of this Royalty Share Agreement, and fully understand the terms and conditions within.
Model:______________________________________________ Date:___________________
___________________________________________________________________
Photographer:_________________________________________ Date:___________________
___________________________________________________________________
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