FANTASYPHOTOS
9962 Forestview Place
Montgomery Village Md.
20886
301-728-6397
www.fantasyphotos.com
E-mail:
Jeff@fantasyphotos.com
GRANT OF EXCLUSIVE LICENSE TO USE NAME AND PICTURE FOR
COMMERCIAL PURPOSES
This Grant of Exclusive License to Use Name and
Picture for Commercial Purposes (“agreement”) made this ________ day of
_________, _______ by and between Jeffrey Vogt t/a Fantasyphotos
(“photographer”)
And
_______________________________ (“Model”).
WHEREAS, Model warrants and represents that
he/she is over 18 years of age and is the sole person authorized to enter into
Agreements relating to the licensing of her name and picture as contemplated by
this agreement; and
WHEREAS, Photographer is engaged in the business
of reproducing film/digital/electronic images of people and publishing,
copyrighting, selling and distributing these images or reproductions thereof on
a worldwide basis; and
WHEREAS, Photographer desires to obtain, and
Model is willing to grant, an exclusive worldwide license to use, copyright,
publish, sell and distribute pictures of the model taken by photographer, in
color and/or black and white on film/digital/electronic media in connection
with advertising, merchandising, promotion, manufacture, sale and distribution
of such pictures or other products containing or reproducing such pictures.
NOW THEREFORE, in consideration of the premises and the
mutual covenants hereinafter set forth, Model and Photographer do hereby
respectfully grant, covenant and agree as follow:
1. Grant of License.
Model grants to Photographer, its employees, agents or assigns, an exclusive worldwide license, with the right to grant sublicenses, to use, copyright, publish, sell and distribute photographic pictures or portraits of Model, or any reproduction thereof, in connection with advertising, merchandising, promotion, manufacture, sale, and distribution of such pictures or other products containing or reproducing such pictures until the expiration or cancellation of this Agreement.
2. Royalties
(a)
In exchange for the License Photographer shall pay Model royalties at the rate of
______% of the net Sales proceeds. The term “Net Sales Proceed” shall mean the
actual cash proceeds received by the photographer (less sales and cash discounts actually allowed and all actual
out of the pocket expenses paid by the Photographer) for advertising,
merchandising, promotion, manufacture, sale and distribution of models
photographic image or portrait or reproduction thereof or of products
containing or reproducing such images.
(b)
Photographs/Images are not to be sold by the photographer without written
permission from the model. ______ Initials
3. Ownership of Photographs.
All photographs, and all
film/negatives/digital/electronic media thereof, taken pursuant to the terms of
this Agreement shall be the sole property of the Photographer and the Model
waives all right and claims, other than as set forth herein, to such pictures
or negatives, or to any proceeds from the sales thereof.
4.
Waiver of Inspection, Release of Liability.
Model waives any rights to inspect or approve the finished photograph or the advertising copy or printed matter that may be used in conjunction therewith or to the eventful use that it might be applied. I hereby release, discharge and agree to hold harmless the Photographer, his representatives, and/or assigns, and/or employees, or any persons, or corporations acting under his permission or authority, including any firm publishing and/or distributing the finished product, in whole or in part, from and against any liability to myself, or others claiming through me or from me, which may result from any distortion, optical illusion, or use in composite form, either intentionally or otherwise, that may occur or be produced in the taking, processing or reproduction of the finished products, its publication or distribution of the same.
5.
Name.
All photographic images of Model, or
reproductions thereof, may be advertised, merchandised, promoted, manufactured,
sold, and/or distributed under Model’s legal name, trade name, or any
fictitious name, in the sole discretion of Photographer.
6.
Death of Model.
Should Model die during the term of this
Agreement and Photographer elected to continue this Agreement, then the
royalties set forth in Paragraph 2 shall be reduced as follows:
(a) If Model’s death occurs within one (1) year
from the date of this Agreement, the rate shall be ________%.
(b) If Model’s death occurs more than five (5) years after the date of this Agreement, the rate shall be ________%.
7.
Restrictions on Model.
(A) Model is not authorized, either expressly or impliedly, to incur any expense or perform any business function of any nature or kind in connection with the advertising, merchandising, promotion, manufacture, sale or distribution of the images and products subject to this Agreement without the express written approval of Photographer.
(b)
The photographer has
agreed to release the restrictions as stated in paragraph #7 and this will be
done with the knowledge that the model is to incur any expense or perform any
business function of any nature or kind in connection with the advertising,
merchandising, promotion, manufacture, sale or distribution of the images and
products subject to this Agreement. ______ Initials
8.
Cancellation of License.
(a) This Agreement shall be of indefinite
duration and may be canceled by Photographer, at Photographer’s sole option, up
to the death of the Model, or if the Model is involved in any publicity deemed
to be sufficiently unfavorably in the opinion of the Photographer as to destroy
or lessen the value of the Model’s name or picture for the purposes
contemplated by this Agreement; provided that Model shall be entitled to all
payments accrued and due at the date of cancellation.
(b) This Agreement shall not be canceled by the
Model, except as expressly provided herein
9.
Construction.
This Agreement shall be governed and construed in all respects by the substantive laws of the State of Maryland.
10.
Oral Change.
This Agreement may not
be changed or amended by any party, unless signed in writing by party against
who such amendment is to be enforced.
In Witness Whereof, Model and Photographer have
caused this Agreement to be signed in their respective names on the day and
year first above written.
WITNESS______________________
MODEL_____________________________
WITNESS_____________________PHOTOGRAPHER_______________________
Miscellaneous
Information:
Stage
Name_____________________ Drivers #____________________________
Height___________
Weight__________ Hair Color________________________
Bust______
Cup______ Waist_______ Hips_______ Dress_______ Shoe_______
Available
for the following types of Assignments:
Fashion:
____ Fitness: ____ Swimwear: _____ Glamour: _____ Lingerie: _____
Figure:
_____ Playboy Style: _____ Erotic: _____ Artistic: ______ Other: ________
Feel Free To Email Comments
Email : jeff@fantasyphotos.com
Thank You for Visiting
© 2008 Fantasyphotos
Online Since 1997, Last updated on 05-02-08