Model Release: Agreement and Authorization for Model to be in Media 

 

BACKGROUND:

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The Artist may choose or is currently engaged in the business of creating media, which includes but is not limited to engaging in the following activities for personal and commercial gain: photography, photo editing, and photo production; digital photography, digital photo editing, and digital photo production; and web design and production.

The Model consents to being a subject of the Artist in media. The Model will allow the Artist to capture images and sound recordings for use in media.  

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THE ARTIST IS RELEASED OF LIABILITY. For good and valuable consideration herein acknowledged as received, the Model releases the Artist and assigns  permission to license all images and sound recordings and to use of images and sound recordings in any media for any purpose which may include, among others, advertising, promotion, marketing and packaging for any product or service. The Model agrees that any images and sound recordings may be combined with other images, text and graphics, cropped, altered and modified.

THE ARTIST RETAINS ALL RIGHTS. The Model agrees that the Artist has all rights to images and sound recordings, for perpetuity unless explicitly noted in this Agreement. The Model acknowledges and agrees that the Artist is not liable for any further consideration or accounting, and further claims for any reason.

DURATION OF AGREEMENT. The Model acknowledges and agrees that this Agreement is binding on all heirs and assigns. The Model acknowledges and agrees that this Agreement is irrevocable, worldwide and perpetual, and will be governed by the laws of the State of California, excluding the law of conflicts. 

This Agreement contains the entire agreement between the parties to this release and the terms of this Agreement are contractual and not a mere recital.

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For good and valuable consideration, the Model releases TTB Photography and assigns permission to license and use all images and sound recordings in any media and for any purpose. The Model agrees that TTB Photography has all rights to images and sound recordings for perpetuity. This agreement is irrevocable, worldwide and perpetual. This Agreement will be construed in accordance with and governed by the laws of the State of California.

 

COVID-19 Release of Liability

 

Due to the 2019-2020 outbreak of the Coronavirus (COVID-19), TTB is taking extra precautions to ensure enhanced sanitation/disinfection procedures during the course of your session or photo shoot. Symptoms of COVID-19 include, but not limited to: fever, fatigue, dry cough, difficulty breathing.

 

I agree to the following:

 

I understand to the above symptoms and affirm that I, as well as household members, do not currently have, nor have experienced the symptoms listed above WITHIN THE LAST 14 DAYS.

 

I affirm that I, as well as household members, have not been diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.

 

I affirm that I, as well as household members, have not been knowingly exposed to anyone diagnosed with COVID-19 WITHIN THE PAST 30 DAYS.

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I affirm that I, as well as household members, have not traveled outside of the country, or to any city considered to be a “hot spot” for COVID-19 infections WITHIN THE PAST 30 DAYS.

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I understand TTB Photography cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form or the health history provided by each client and escort.

 

Read Carefully - This Affects Your Legal Rights

In exchange for participation in this activity organized by TTB Photography and/or use of property, studio, or pre arranged location (i.e. AirBnB, hotel, etc), the Model agrees to the following:

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1. ASSUMPTION OF ALL RISKS AND RELEASE. The Model recognizes that there are certain inherent risks associated with BDSM/KINK activity and the Model assumes full responsibility for personal injury to his/herself.

2. FEES. The Model agrees to pay for all damages to the facilities in where the activity is taking place. This pertains to any negligent, reckless, or willful actions by the Model and/or his/her escort.

3. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

4. NO DURESS. The Model agrees and acknowledges that he/she is not under pressure or duress to sign this Agreement and that the Model has been given a reasonable opportunity to review it before signing and submitting electronically. The Model further agrees and acknowledges that he/she is free to have his/her own legal counsel review this Agreement if so desire.

5. ARMS LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Model and TTB Photography. In the event any ambiguity if found to exist in the interpretation of this Agreement, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular Party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

6. DISPUTE RESOLUTION. The Model and TTB Photography shall attempt tp resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, the Model and TTB Photography will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

7. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any rights or remedies afforded to them by law