MUTUAL MODEL/PHOTOGRAPHER TIME FOR PRINT RELEASE

In the interest of furthering their respective business interests,__________________________________________ (hereafter "Photographer") and ____________________________________(hereafter "Model") hereby agree to the following terms and conditions concerning the photographs of Model made by Photographer on the date of___________________________________ (hereafter the "Photos")

1. Both parties shall have a non-exclusive right to duplicate the Photos for their non-commercial personal use, where such uses may include but shall not be limited to making copies of Photos for family members, friends, and relatives.

    a. In consideration of compensation as indicated below, receipt of which is hereby acknowledged, Model does hereby irrevocably authorize, the Photographer, Photographer's legal representatives, assigns, and those acting under Photographer's permission and on Photographer's authority, to copyright, publish, and use in all forms and media and manners for advertising, trade, promotion, exhibition, or any other lawful purpose whatsoever, any depictions of myself made by Photographer or Photographer's representative, in which I may be included in whole or in part, alone or in conjunction with other persons, or composite or distorted in character, or form, or based on or involving any stunt poses, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, or in derivative works made through any medium, where said depictions may include any or all of still, single, multiple or moving photographic images or pictures, video recordings or audio recordings (collectively hereafter the "Depictions.") Model does hereby waive any right to inspect or approve the finished product or advertising or other copy that may be used in connection therewith or the use to which they may be applied. Model hereby releases and agrees to hold harmless Photographer, his legal representatives, assigns, and all persons acting under his permission or authority, from any liability by virtue of blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the pictures, or in any processing tending toward the completion of the finished product, unless it can be clearly shown that the publication thereof were maliciously caused, and produced, and published solely for the purpose of subjecting Model to conspicuous ridicule, scandal, reproach, scorn, and indignity.

2. Both parties shall have a non-exclusive right to publish the Photos on the Internet, in mediums including but not limited to the World Wide Web.

3. Both parties shall have a non-exclusive right to duplicate and publish the Photos for the purpose of promoting and advertising their respective products and services, where such promotion may include but shall not be limited to composite cards, business cards, portfolio books, newspaper advertisements, and telephone directory yellow pages advertising.

4. Except as otherwise stated in this paragraph, neither party may assign its rights and obligations under this instrument to any third party without the written consent of the other party.

5. Both parties shall have a non-exclusive right to produce derivative works based on any or all of the Photos. Any such derivative work shall be wholly owned by the party that produces said work and not be subject to the terms and conditions of this instrument, provided that said work does not incorporate an exact or "one-to-one" copy of all or part of one or more of the Photos. By way of example but not by limitation, a photographic enlargement of a Photo would be considered an exact copy, but a painted watercolor rendering of a Photo would not be considered an exact copy.

6. Both parties shall be allowed to exercise their rights under this agreement without financial compensation to the other party.

7. Neither party makes any warranty, either expressed or implied, to the other party with regard to the suitability, fitness, or merchantability of the Photos for any particular purpose. Any use of any or all of the Photos by either party is at that party's sole risk. Neither party shall be liable for the other party's use of the Photos.

8. Any rights in the Photos not specifically granted to any party by the terms and conditions herein shall remain with the Photographer unless otherwise mutually agreed upon by subsequent written instrument.

9. Model hereby affirms that all poses, positions and situations enacted in the Depictions covered in this release were entered into without force, coercion, or threat whatsoever, and were posed freely by Model with Model's full consent in return for compensation and for Model's own amusement. Model further agrees to hold blameless and free of all accusation of such force or coercion Photographer, his legal representatives, assigns, and those acting under his permission and on his authority.

10. The term of this agreement shall be from date executed by both parties until terminated by mutual written consent. This agreement shall be for the benefit of and binding upon the parties and their respective heirs.

11. Both parties affirm that they are able to contract in their own names without breach of any prior agreement or applicable law, including but not limited to a prior agreement with a talent agency.

12. This instrument shall be governed by the laws of the State of ___________________________________ and any dispute relating to or arising out of the subject matter hereof shall be settled in the courts of the State of ____________________________________________.

13. If any provision of this instrument is declared invalid, unenforceable, or otherwise of no force or effect, the remaining provisions shall stand in full force and effect.

14. Model hereby affirms that their date of birth is ____________________ and that Model is fully able to contract in their own name without breach of any prior agreement or applicable law

Model's compensation in connection with this instrument is: (cross out any that do not apply)

(a) Modeling fee of $0

(b) Other compensation (describe): Attach separate paper as necessary

We the undersigned have read the foregoing prior to its execution and are fully familiar with and agree to the contents thereof.

Model’s name to be used in association with photographs

Model's Signature

Model printed name

Date

Identification  #1 -

Identification #2 -

Model's mailing address

E-mail

Website

Photographer/Witness

Date

File Number

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