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Sample model release
NEVER model without a model release signed before you start
If you model and you do not have a model release to protect your interests, you will find yourself with a few pounds in your pocket and a photographer free to make money out of your photos for the next 100 years!
Note: this warning does not apply to private photos which will not be published and which are taken by someone you can trust.
You have been warned!
A model release agreement should specify:
- Who the agreement is between: model and photographer.
- When it was agreed.
- The type of photos/videos ("images") to be taken.
- How long the agreement lasts for.
- Who holds the copyright in the images.
- Whether or not the photographer has the right to assign the agreement to anyone else.
- Where the images may be used.
- Any special conditions the images may be used - face obscured for example.
- The payment method. This may be a single cash payment or a share in the income generated by the images or both. (See note below.)
Very important note about payment
It is always tempting to take cash - but the photographer will then be free to make as much income as possible out of the images with no extra payment to you.
Obviously the photographer has invested in equipment, time and marketing - so he/she will expect to make a good return. However, you, as the model, are out to protect your long-term interests at all time.
An ideal agreement would be for a specified period and would provide you with a mixture of cash and income generated by the photos. The problem comes with defining "income". Many such agreements use the term "share of profits" but this is so vague as to be meaningless - any good business person can easily make profits disappear under a mountain of "costs".
The best advice is to never accept an income share based on profits - unless you have legal or accounting advice first.
The best type of deal involves some cash up front and a share of gross (total) revenue generated from the images. The photographer will point out that the percentage share of "profits" would be a lot higher - but don't forget, it is almost impossible to define profits - so don't be tempted by a larger percentage.
Model Release Agreement
If, for reasons of personal security or privacy, the model signs in her stage name rather than her true name, it is advisable to attach an photograph of the model's face to the agreement so that there is no doubt as to identity. The photograph should be signed and dated by the model on the reverse along with the words "I confirm that this is a true representation of me."
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This Agreement is between the undersigned "Model" (optional whose photograph is attached to this Agreement,) and the undersigned "Producer".
The Model has been informed and understands that the Producer is taking images in the form of photographs, slides, digital images, films, audio tapes, video tapes or other media ("Product") and that the Model's likeness, image, voice, appearance and/or performance is being recorded and made a part of the Product.
- The Model grants the Producer the right to use the Model's (optional name,) likeness, image, voice, appearance, and/or performance as embodied in the Product whether recorded on or transferred to photographs, slides, digital images, films, audio tapes, video tapes or other media, now known or later developed. This grant includes without limitation the right to edit, mix, duplicate, retouch, alter or work-up and to use or re-use the Product in whole or part as the Producer may elect. (optional Not withstanding the above it is agreed that the face of the Model shall be obscured in all examples of the Product.)
- It is agreed that the Producer shall/shall not have the right to assign all rights granted under this agreement to any other party. (Delete as appropriate.)
- The Model agrees that the Product shall involve topless/nude/adult style images. (Delete or add as appropriate.)
- The Model accepts that any statements and/or words published in conjunction with or in relation to the Product shall be deemed to represent and refer to an imaginary person (optional unless the Model's name is used).
- This Agreement shall commence on the date defined below and shall remain in existence for the period defined below. At the end of this period all rights relating to the Product shall revert to the Model and the Producer agrees to cease using the Product in any way unless a new Agreement is entered into with the Model.
- The Model retains the copyright in all images and representations taken of the Model but, during the period of this Agreement the Model grants the exclusive rights to the ownership of the Product in which the Model appears, including copyright interests, to the Producer.
- During the period of this Agreement the Model grants the Producer the right to broadcast, exhibit, market, sell and otherwise distribute the Product, either in whole or in parts, and either alone or with other Products, for any commercial or non-commercial purposes that the Producer in their sole discretion may determine. This grant includes the right to use the Product for promoting or publicising any of the purposes or uses. (optional Notwithstanding the above, the following limitations shall apply to use of the Product: define limitations here.)
- The Model confirms that the Model has the right to enter into this Agreement, that the Model is not restricted by any commitments to third parties, and that the Producer has no financial commitment or obligations to the Model as a result of this Agreement other than those explicitly stated in this Agreement.
- The Model hereby gives all clearances for use of the Model's (optional name,) likeness, image voice, appearance and/or performance embodied in the Product during the period of this Agreement.
- The Model expressly releases and indemnify the Producer and its officers, employees, and agents from any and all claims known and unknown arising out of or in any way connected with the above granted uses and representations.
- The Model promises not to prosecute, sue or instigate any other proceedings, claims or demands against the Producer in respect of any usage of the Product subject to the terms of this Agreement being fulfilled.
- Alternative 1: The Model and the Producer agree that the rights granted the Producer herein are subject to the Model being paid a one-time fee of ____
- Alternative 2: The Model and the Producer agree that the rights granted the Producer herein are subject to the Model being paid a one-time fee of ____ and ____% of the monthly gross value of all revenue (excluding sales-related taxes) received by the Producer in relation to the Product. Such payment shall be made to the Model within 30 days of the end of the month in which it is received by the Producer. The Model, or the Model's appointed representative, shall, on giving the Producer two working day's notice, have the right to inspect the Producer's accounting records to verify the amounts due under this Agreement.
- In consideration of all the above, the Model hereby acknowledges receipt of reasonable and fair compensation from the Producer and, as an individual contractor, accepts full responsibility for any and all tax liability on the compensation paid and acknowledges that the Producer is relieved of all responsibilities in relation to such tax liability.
By signing below the Model and the Producer agree that they have read the foregoing and understand its terms and stipulations and agree to all of them:
| Date of agreement: |
_________________________________
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Period of the agreement: |
_________________________________
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Name of the Producer:
(please print) |
_________________________________
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| Signature of the Producer: |
_________________________________
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Name of the Model:
(please print) |
_________________________________
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| Signature of the Model: |
_________________________________
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If the model is under legal age
I hereby certify that I am the parent/legal guardian of the Model named above and I give my consent without reservation to the foregoing on behalf of him or her.
Name of the parent/legal guardian:
(please print) |
_________________________________
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Signature of parent/legal guardian: |
_________________________________
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© 2008 StudioB
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