Jon Merriman Photography Studio
Jon Merriman Photography Studio
This Model Release Agreement (“Agreement”) is entered into on this day of , 25, by and between:
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Model hereby grants to the Photographer, its legal representatives, assigns, licensees, and those acting with its authority and permission (collectively, “Photographer”), the unrestricted, perpetual, worldwide right and permission to copyright, use, reuse, publish, and republish photographic portraits or pictures of the Model (the “Pictures”), including any negatives, transparencies, prints, or digital data pertaining to them.
This right shall include use in whole or in part, in composite or distorted form, in still, single, multiple, moving or video format, in any media now known or hereafter developed, for purposes including but not limited to advertising, promotion, marketing, publication, commercial, artistic, editorial, or any other lawful purpose.
The Model hereby waives any and all rights to inspect or approve the final product or materials incorporating such Pictures, including written or spoken copy that may accompany the use of the Pictures. The Model expressly disclaims and waives any ownership or publication rights in connection with the Pictures, with the sole exception of the Model’s right to use the Pictures in a personal modeling portfolio or comp card.
The Model agrees that they shall not sell, license, distribute, or otherwise commercialize the Pictures, and that no third-party rights may be granted by the Model to any other person or entity.
The Model further releases and agrees to hold harmless the Photographer, its parent company, subsidiaries, affiliates, officers, agents, employees, and representatives (collectively, the “Releasees”) from any and all claims, demands, liabilities, causes of action, and expenses (including reasonable attorneys’ fees) arising from the use or publication of the Pictures, including any claims for libel, defamation, invasion of privacy, right of publicity, or infringement of moral rights.
This release shall not apply in the limited event that the Pictures are used or published with malicious intent for the sole purpose of subjecting the Model to public scorn, ridicule, or indignity, and such intent can be demonstrably proven.
The Model understands and acknowledges that participation in the photography session is voluntary and conducted in a professional manner. The Model also waives any claims for damages or injuries sustained during the session or on the premises, whether caused by the negligence of the Releasees or otherwise.
This Agreement shall be binding upon the Model, as well as the Model’s heirs, legal representatives, successors, and assigns. The Model affirms that they are eighteen (18) years of age or older, have full legal capacity to execute this Agreement, and have read and understood its contents.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of the date written above.
A model release form is a legally binding agreement between a photographer and a model, whose purpose is to outline rights and protections for both parties. The model must be at least 18 years of age to sign any agreement--otherwise, consider using a minor model release, which will require the signature of a parent or guardian.
Whether or not you anticipate any future commercial use for the photographs in question, it is best to err on the side of caution and obtain a signed release before the photoshoot. This will shield you from future liabilities and possible lawsuits. Do yourself a favor and obtain a signed release for every session. The extra effort is worth the peace of mind.
Typical benefits of a signed model release includes conferring exclusive rights to the photographer, to publish images on a website, blog, advertisement or other marketing materials. You might also consider adding clauses that give you permission to sell, license or transfer rights to another party.
In addition to the considerations outlined above, you may also want to add specific language that is tailored to your particular use cases. For example, it may benefit you to include provisions that allow for digital manipulation (retouching, editing, Photoshopping) or to be clear about using sensitive images (boudoir, as an example) for marketing purposes.
Also, if you intend to offer some sort of compensation to your model, it is best to have it documented in your contract. Include language that specifies any payment or products (often, prints or digital files) that are to be offered in exchange for the assignment of any rights.
The forms and contract templates made available on this website are a starting point and are offered for demonstration purposes only, and are not legal advice. When considering using any legal document, be sure to consult a practicing attorney to ensure the documents you use include the necessary language and that they comply with all laws in your area.
