GRANT OF EXCLUSIVE LICENSE TO USE NAME AND PICTURE OR VIDEO FOR COMMERCIAL PURPOSES
This Grant of Exclusive License to Use Name and Picture or Video for Commercial Purposes (“agreement”) is made on ___________ day of _____________, ____________ by and between Jeffrey Vogt t/a Jeffrey Vogt Photography (“photographer”) and ___________________________________ (“Model”).
WHEREAS, Model warrants and represents that he/she is over 18 years of age and is the sole person authorized to enter into Agreements relating to the licensing of her name and picture as contemplated by this agreement; and WHEREAS, Photographer is engaged in the business of reproducing film/digital/electronic images/video with sound recording of people and publishing, copyrighting, selling and distributing these images or reproductions thereof on a worldwide basis; and WHEREAS, Photographer desires to obtain, and Model is willing to grant, an exclusive worldwide license to use, copyright, publish, sell and distribute pictures of the model taken by photographer, in color and/or black and white on film/digital/video/electronic media in connection with advertising, merchandising, promotion, manufacture, sale and distribution of such pictures or other products containing or reproducing such pictures. NOW THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, Model and Photographer do hereby respectfully grant, covenant and agree as follow:
1. Grant of License.
Model grants to Photographer, its employees, agents or assigns, an exclusive worldwide license, with the right to grant sublicenses, to use, copyright, publish, sell and distribute photographic pictures, videos or portraits of Model, or any reproduction thereof, in connection with advertising, merchandising, promotion, manufacture, sale, and distribution of such pictures or other products containing or reproducing such pictures or video until the expiration or cancellation of this Agreement.
(a)In exchange for the License Photographer shall pay Model royalties at the rate of ______% of the net Sales proceeds. The term “Net Sales Proceed” shall mean the actual cash proceeds received by the photographer (less sales and cash discounts actually allowed and all actual out of the pocket expenses paid by the Photographer) for advertising, merchandising, promotion, manufacture, sale and distribution of models photographic image, video or portrait or reproduction thereof or of products containing or reproducing such images. (b) Photographs/Images or video are not to be sold by the photographer without written permission from the model. ______ Initials
3. Ownership of Photographs
All photographs, and all film/negatives/digital/video/electronic media thereof, taken pursuant to the terms of this Agreement shall be the sole property of the Photographer and the Model waives all right and claims, other than as set forth herein, to such pictures/video or negatives, or to any proceeds from the sales thereof.
4. Waiver of Inspection, Release of Liability.
Model waives any rights to inspect or approve the finished photograph/video or the advertising copy or printed matter that may be used in conjunction therewith or to the eventful use that it might be applied. I hereby release, discharge and agree to hold harmless the Photographer, his representatives, and/or assigns, and/or employees, or any persons, or corporations acting under his permission or authority, including any firm publishing and/or distributing the finished product, in whole or in part, from and against any liability to myself, or others claiming through me or from me, which may result from any distortion, optical illusion, or use in composite form, either intentionally or otherwise, that may occur or be produced in the taking, processing or reproduction of the finished products, its publication or distribution of the same.
All photographic images of Model, or reproductions thereof, may be advertised, merchandised, promoted, manufactured, sold, and/or distributed under Model’s legal name, trade name, or any fictitious name, in the sole discretion of Photographer.
6. Death of Model.
Should Model die during the term of this Agreement and Photographer elected to continue this Agreement, then the royalties set forth in Paragraph 2 shall be reduced as follows: (a) If Model’s death occurs within one (1) year from the date of this Agreement, the rate shall be ________%. If Model’s death occurs more than one (1) years after the date of this Agreement, the rate shall be ________%.
7. Restrictions on Model.
(A) Model is not authorized, either expressly or impliedly, to incur any expense or perform any business function of any nature or kind in connection with the advertising, merchandising, promotion, manufacture, sale or distribution of the images and products subject to this Agreement without the express written approval of Photographer. (b) The photographer has agreed to release the restrictions as stated in paragraph #7 and this will be done with the knowledge that the model is to incur any expense or perform any business function of any nature or kind in connection with the advertising, merchandising, promotion, manufacture, sale or distribution of the images and products subject to this Agreement. ______ Initials
8. Cancellation of License.
(a) This Agreement shall be of indefinite duration and may be canceled by Photographer, at Photographer’s sole option, up to the death of the Model, or if the Model is involved in any publicity deemed to be sufficiently unfavorably in the opinion of the Photographer as to destroy or lessen the value of the Model’s name or picture for the purposes contemplated by this Agreement; provided that Model shall be entitled to all payments accrued and due at the date of cancellation. (b) This Agreement shall not be canceled by the Model, except as expressly provided herein.
This Agreement shall be governed and construed in all respects by the substantive laws of the State of Maryland.
10. Oral Change.
This Agreement may not be changed or amended by any party, unless signed in writing by party against who such amendment is to be enforced.
In Witness Whereof, Model and Photographer have caused this Agreement to be signed in their respective names on the day and year first above written.
IF THE MODEL IS UNDER THE LEGAL AGE OF MAJORITY:I am the parent or legal guardian of the minor above named as the Model, and I have legal authority to execute this Agreement on the Model’s behalf. I have read and fully understood the contents of this Agreement, and consent to the said use of images and video with sound recordings based on the contents of this Agreement.
SIGNED, DATED, SEALED AND DELIVERED in the presence of:_____________________________________________ Parent or Guardian (print name)_____________________________________________ Signature
Stage Name___________________________________ Drivers #____________________________Height______________ Weight____________ Hair Color_________________________________ Eye Color__________________
Dress________ Shoe________ Tattoos______________________
Bust________ Cup________ Waist________ Hips________
Available for Assignments in Fashion _______ Fitness _______ Swimwear _______ Glamour _______ Lingerie _______ Figure _______ Playboy Style _______ Nude _______ Erotic _______ Artistic _______ Other ________________________________
Click here for a Downloadable PDF file of the Model Release