MODEL'S NAME __________________ (“Model”)
1. Subject to Paragraph 8, below, Model hereby grants to Popular Poison Graphics LLC (hereinafter “POP”), its agents, legal representatives, licensees, assignees, all those affiliated with POP and all those acting with authority from POP the following:
A. The irrevocable, exclusive, unrestricted right, and royalty free world wide license, and permission, to create, copy, use, re-use, alter, transform, publish, re-publish, license, assign and distribute the photographic portraits or pictures in which Model may be included in whole or in part as a result of Model's engagement by POP, for use of Model’s image, whether accurate or distorted in character or form, without restriction as to changes or transformations (collectively, the RELEASED IMAGES), in conjunction with Model's own name, a fictitious name, or no name at all.
B. Model grants the foregoing exclusive rights regarding the RELEASED IMAGES in any and all media now or hereafter known, including but not limited to film, print, video and digital reproduction, for illustration, art, promotion, advertising, trade or any other purpose whatsoever. Model acknowledges that as between POP and Model, POP is and shall be the sole owner of all RELEASED IMAGES under the copyright laws, trademark laws, federal laws, state laws, laws of publicity including, but not exclusive of, California Civil Code § 3344 on all RELEASED IMAGES.
2. Model understands that the photographer who is taking these pictures has been commissioned by POP and is authorized by POP to take these photographs.
3. Model permits and authorizes POP and any authorized party thereto, to use any printed material or other materials or media it desires with the RELEASED IMAGES.
4. Model hereby relinquishes any right that Model may have to examine or approve:
A. The completed product or products or any associated advertising copy or printed matter incorporating or associated with the RELEASED IMAGES.
B. Any other materials or media that may be used in conjunction with the RELEASED IMAGES, or
C. The use to which the RELEASED IMAGES may be applied.
5. Model hereby releases, discharges and agrees to hold harmless POP and all of its agents, heirs, legal representatives, licensees, assignees, and all those affiliated with POP and/or authorized by POP and all others from using, copying, or distributing the RELEASED IMAGES based on this Model Agreement and Release, individually and jointly, from any liability to Model or others associated with Model by virtue of any blurring, distortion, or alteration of the RELEASED IMAGES, or use of the RELEASED IMAGES in composite form, whether intentional or otherwise, that may occur as a result of said RELEASED IMAGES or in any subsequent processing, publication or usage thereof, including, without limitation any claim for defamation, or violation of rights of privacy or publicity, including, but not exclusive of, California Civil Code § 3344, any copyright rights, any trademark rights, any trade dress rights and/or any other rights recognized by federal or state law. Model acknowledges and agrees that this release and agreement to hold harmless shall continue indefinitely, regardless of whether any RELEASED IMAGE used within the scope of this agreement causes Model in the future to feel embarrassed, ashamed, degraded or otherwise injured in any manner.
6. Model hereby affirms that Model is over the age of majority and has the right to contract in Model's own name. Model has read the above authorization, release and agreement, prior to its execution and fully understands the contents thereof.
7. Model has been advised that Model has the right to show this agreement to counsel, and Model fully understands that Model has the right to consult with counsel concerning the terms included in this agreement.
8. This Agreement represents the entire Agreement between Model and POP regarding the photograph session described above and supersedes all previous oral or written communications. The Agreement can only be modified by a duly executed written agreement.
It is Agreed.
Date:_____________ Model's Name:_____________________________
It is Agreed.
Popular Poison Graphics LLC
By Its ______________________