Media Release Agreement
Authorize and give full consent to a company to copyright and/or publish media.
This is a general release for a photographer/film maker/recording artist who uses a model in any media works and sells those works commercially. It is generally required whether the model is aware they are being used or where the model only happens to be in the photograph. It is however not generally required where:
(a) The photos are only used in private
(b) The model is not identifiable
(c) The photo is being used for a new article, exhibition or as educational material
It is however advisable to contact an attorney to clarify if it is required.
MEDIA RELEASE AGREEMENT
This Media Release Agreement (the "Release") is made effective as of [Enter Date] by and between:
[Enter Name and Address of the Photographer] (the "Artist"),
[Enter Name and Address of the model/ Or if a Minor the Guardian] ( the "Model/Guardian"),
(hereinafter together the ‘Parties’)
A. The Guardian is the legal guardian of the [Enter name of Model] (the “Model”), a minor and is contracting herein on behalf of the Model
B. The Model/Guardian granted the Artist permission to photograph/film/record [delete as applicable] the Model
C. The Artist has photographed/filmed/recorded [delete as applicable] the Model
D. The Model/Guardian wishes to grant the Artist the ownership rights and rights to use commercially or otherwise the resulting photographs/film/recording (the “Works”) [delete as applicable]
THEREFORE, in consideration of [Enter Amount Paid] which has been paid to the Model and receipt of which is hereby acknowledged and the other premises and mutual covenants herein, the Parties hereto agree as follows:
1. GRANT OF RIGHTS. The Model hereby grants to the Artist and its agents, employees, licensees, all ownership rights and the absolute and irrevocable right and permission to use, publish, license, or sell the Works for any purpose, other than those outlined in paragraph 2 to this Agreement and a purpose that would be a contravention of any applicable law, and without limitation as to frequency, location or medium. This grant of rights is absolute and is not subject to any further permission or inspection by the Model.
2. RESTRICTIONS. The following purposes are specifically agreed by the Parties to be restricted purposes and shall limit Paragraph 1 of this Agreement accordingly, unless otherwise agreed by the Parties:
(a) ENTER SPECIFIC RESTRICTIONS
2. EDITORIAL RIGHTS. The Model grants to the Artist the right without restriction to modify, edit, adapt, dispose, and electronically alter the Works including without limitation the right to use the Works in conjunction with other works, as well as to reproduce the Works, in whole or in part, without compensation or additional consent from the Model.
3. NO CREDIT. The Artist or its agents, employees or licensees may use the works without credit or reference to the Model’s name or under any fictitious name.
4. RELEASE. Model on his/her [delete as applicable] own behalf and on behalf of each of his/her [delete as applicable] heirs, successors and assigns, hereby remises, releases and forever discharges and holds harmless the Artist and his heirs, successors and assigns from any and all manner of actions, causes of actions, suits, debts, sums of money, dues, expenses, damages, claims and demands of any and every kind in nature whatsoever, at law or in equity, or under any statute, which the Model, his heirs, successors and assigns now has or may hereafter have against the Artist including but not limited to claims of violation of privacy, defamation, or by reason of any matter, cause or thing whatsoever related to use of the Work.
5. ACKNOWLEDGMENT. The Model warrants and agrees that the Model has read and understood this Agreement and is of full legal age and capacity to enter this Agreement OR The Guardian is the parent or legal guardian of the Model and warrants and agrees he/she [delete as applicable] has the full legal authority to sign this Agreement on behalf of the Model.
If the works include any nudity include the following additional sentence. ‘ In addition the Model specifically agrees and warrants that they are aware of the nature of the works and have consented to appear fully/partially [delete as applicable] nude in some or all of the works.
6. RECITALS. The recitals to this Agreement shall form a part of and are an integral part of this Agreement.
7. ENUREMENT. This Agreement binds and enures to the benefit of the Parties and their respective successors and permitted assigns. No further fee shall be due to any successors or assigns of the Model.
8. ENTIRE AGREEMENT. The provisions herein contained constitute the entire agreement between the parties hereto and supersede all previous communication, representations, expectations, understandings and agreements whether verbal or written between the parties or their respective representatives with respect to the subject matter of this Agreement and shall not be modified or amended except by written agreement signed by the parties to be bound thereby.
9. GOVERNING LAW. The provisions of this Agreement shall be governed by and interpreted in accordance with the laws of the county of [Enter County] and the State of California.
The Parties have executed this Agreement on the date first written above.
[ENTER COMPANY NAME IF APPLICABLE]
Authorized Signatory/Artist Name
[Enter Name of Model/Guardian]
This form has been prepared for general informational purposes only. It does not constitute legal advice, advertising, a solicitation, or tax advice. Transmission of this form and the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. You should not rely upon this document or information for any purpose without seeking legal advice from an appropriately licensed attorney, including without limitation to review and provide advice on the terms of this form, the appropriate approvals required in connection with the transactions contemplated by this form, and any securities law and other legal issues contemplated by this form or the transactions contemplated by this form.
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