PRIZMA PHOTO COMMERCIAL MODEL RELEASE FOR MINOR
For Consideration herein acknowledged as received, and by signing this release the Client hereby give the Photographer, Prizma Photo and Assigns my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing, editorial, commercial, social media and packaging for any product or service. The Client agrees that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) and gender as indicated below, but understand that other ethnicities or gender may be associated with me by the Photographer, Prizma Photo and/or Assigns for descriptive purposes.
The Client agrees that I have no rights to the Content, and all rights to the Content belong to the Photographer, Prizma Photo and Assigns. The Client acknowledges and agrees that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer, Prizma Photo and/or Assigns. The Client acknowledges and agrees that this release is binding upon my heirs and assigns. The Client agrees that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand.
It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees/assignees of the Photographer and Prizma Photo and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used.
The Client releases, discharges, and agrees to hold harmless the Photographer, Prizma Photo and its Assigns ("Released Parties”) from any liability arising out of or in connection with the use fo the content, including any and all claims for defamation or invasion of privacy. I acknowledge the the Released Parties are not responsible or liable for any unauthorized use or piracy of the content.
The Client represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release on my own behalf, or on the behalf of a minor as their parent or legal guardian. I acknowledge that this release is binding upon my heirs and assigns.
Definitions: “ASSIGNS” means a person or any company to whom Photographer and Prizma Photo has assigned or licensed rights under this release as well as the licensees of any such person or company. “CONSIDERATION” means $1 or something else of value (photos) I have received in exchange for the rights granted by me in this release. “CONTENT” means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, film, radio and other media now known or to be invented. “MODEL” means the Child and includes his/her appearance, likeness and voice. “PARENT” means the parent and/or legal guardian of the Model. Parent and Model are referred to together as “I” and “me” in this release, as the context dictates. “PHOTOGRAPHER/PRIZMAPHOTO” means photographer, illustrator, filmmaker, artist or cinematographer, or any other person or entity photographing or recording me. “SHOOT” means the photographic, film or recording session described in this form.
*If MODEL “Child” is a minor or lacks capacity in the jurisdiction of residence. Parent/Guardian warrants and represents that The Client is the legal guardian of MODEL, and has the full legal capacity to consent to the shoot and execute this release OF ALL RIGHTS IN MODEL'S CONSENT. If you are a Parent/Guardian singing in this capacity, please sign the agreement below.
Client has read this entire Agreement entered into this day of between me and the Photographer and Prizma Photo. I understand the terms and conditions and hereby mutually agree to be bound by the terms of this Model Release.
I Dario Maldonado, Photographer representing Prizma Photo. Have read, understand and approve the terms of this Model Release and I am fully authorized to execute this Model Release.
CONFIDENTIALITY AGREEMENT. For purposes of this Agreement, "Confidential Information" shall include all information or services described under this Agreement. Both parties agreed that all information contained within the content description and personal information related to the performance of all services will remain confidential unless it is used in connection with the licensing of the work. Neither party will disclosed or shared the contents of this agreement with third parties except under the Model Release Terms. Failure to comply with the confidentiality of this agreement will be considered as a breach of this agreement and Prizma Photo/Photographer will be entitled to seek legal and monetary compensation. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.