Model Release / Waiver [Archive]

TheLegacy

11-17-2004, 12:34 PM

I've had to fill a few of these out on some of my dates.. hope it helps

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MODEL RELEASE CONTRACT

RELEASE OF INTEREST
(PERSONAL)

OVERVIEW AND CONDITIONS

For valuable consideration, the undersigned (the "Grantor") hereby confers upon and grants to xxx inc. (the "Grantee") the exclusive, absolute and irrevocable right and permission with respect to the photographic, videographic or other images ("Images") that the Grantee has taken of the Grantor or in which the Grantor may be included with others (including without limitation any image a specimen which, initialed for identification by the Grantor, may be annexed hereto):

A. to copyright the same in the Grantee's name or any other name that the Grantee may select;

B. to use, reuse, publish and republish the same in whole or in part, separately or in conjunction with text, symbols or other images, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade; and

C. to use the Grantor's name in connection therewith if the grantee so decides.

D. The Grantor hereby releases and discharges the Grantee from all and any claims and demands ensuing from or in connection with the use of the Images, including any and all claims for libel and invasion of privacy, and including any distortion, alteration or use in composite form of the Images; and relinquishes any right the Grantor may have to examine or approve any product incorporating the Images in whole or in part, or any use of the Images. This authorization and release shall insure to the benefit of the Grantee and it's legal representatives, licensees and assigns, and any principal, agent or employee of the Grantee. The Grantor affirms that the Grantor is of full age of majority and has the right to contract in the Grantor's own name. The Grantor acknowledges and confirms that the Grantor has read and fully understands this instrument. The Grantor agrees that this instrument shall be binding upon the Grantor and the Grantor's heirs, legal representatives and assigns.

MINIMUM PAYOUT RESPONSIBILITIES

A. Shift Requirements

In order to receive commissions, you must maintain and fulfill your general shift responsibilities and any responsibilities or requirements as outlined in this document and in the Employment Manual. If you are unable to follow these guidelines and/or any job related responsibilities, we reserve the right ot make payout modifications at any time in the future. These may include future compensatory adjustments, and possible temination of employment.

B. Termination of Employment

You will only be entitled to and will receive commissions and/or payouts during your employment with Grantee and/or its affiliated studios or production facilities. You will have no entitlement to commissions and/or payouts after your employment with Grantee has ceased.

NONCOMPETITION, NON-INTERFERENCE AND CONFIDENTIALITY

A. For the purpose of this Agreement, (1) the "Business" refers to any other business conducted, or proposed to be conducted by Grantee and/or its affiliated studios, at any time during the Term of Employment (provided that, with respect to business proposed to be conducted, material plans have been prepared or material moneys expended), (2) the "Market" refers to the Internet and (3) the "Restricted Period" means the period commencing with the date hereof and ending one year after termination of the Model's employment.

B. In consideration of the Model's employment and in order to induce the Company to enter into this Agreement, the Model convenants and agrees that:

1. During the Restricted Period, the Model will not, anywhere in the market, directly or indirectly, in one or a series of transactions, own, manage, operate, control, invest or acquire an interest in, or otherwise engage or participate in, whether as a porprietary, partner, stockholder, lender, director, officer, employee, joint venturer, investor, lessor, supplier, customer or other participant, any business ("Competitive Business"), it being understood and agreed that the Model shall not be deemed to have violated or breached this Section by his/her ownership of up to five percent (5%) of the outstanding capital stock of a publicly traded corporation.

2. During the Restricted Period, the Model will not, directly or indirectly, in one or a series of transactions, solicit, induce or influence any porprietor, partner, stockholder, lender, director, officer, employee, joint venturer, investor, lessor, supplier, customer or any other perons which has a business relationship with any of Grantee and/or its affiliated studios within the scope of the Business, at any time during the Restricted Period, to discontinue or reduce or modify the extent of such relationship, with any of Grantee and/or its affiliated studios.

3. During the Restricted Period, the Model will not (A) directly or indirectly, or in a series of transactions, recruit, solicit or otherwise induce or influence any employee or sales agent of any of Grantee and/or its affiliated studios to discontinue, reduce or modify such employment or agency relationship with any of Grantee and/or its affiliated studios, or (B) employ or seek to employ, or cause any Competitive Business to employ or seek to employ, or cause any Competitive Business, any person or agent who is then or was at any time within six (6) months prior to the date the Model or the Competitive Business employee or seeks to employ such person employed or retained by any of Grantee and/or its affiliated studios. Notwithstanding the foregoing, nothing herein shall prevent the Model from providing a letter of recommendation to an employee with respect to a future employment opportunity.

4. During the Restricted Period and thereafter, Model will not, directly or indirectly, in one or a series of transactions, disclose to anyone, or use or otherwise exploit for the Model's own benefit or for the benefit of anyone other than the Company, any confidential information, including, without limitation know-how, trade secrets, supplier or customer list, details of any supplier, client or consultant contract, pricing policy, operational method, marketing plan or strategy, product development technique or plan, business acquisition plan or any portion or phase of any technical information, idea, discovery, design, process, procedure, formula or improvement of Grantee and/or its affiliated studios that is valuable to Grantee and/or its affiliated studios whether or not in written or tangible form, and whether or not registered, and including all memoranda, notes, plans, reports, records, documents and other evidence thereof (hereinafter referred to as "Confidential Information"). The term Confidential Information does not include, and there shall be no obligation hereunder with respect to, information that becomes generally available to the public other than as a result of a disclosure, directly or indirectly, by the Model or any agent or other representative thereof. The Model shall have no obligation hereunder to keep confidential any Confidential Information if and to the extent disclosure of any thereof is specifically required by law; provided, however, that in the events disclosure is required by law, the Model shall provide Grantee and/or its affiliated studios with prompt notice of such requirement prior to making any disclosure, so that Grantee and/or its affiliated studios may seek an appropriate protective order. At the request of Grantee and/or its affiliated studios, the Model agrees to deliver to Grantee and/or its affiliated studios, at any time during the Term of Employment, or thereafter, all Confidential Information information which the Model may possess or control.

5. Model acknowledges that great loss and irreparable damage would be suffered by Grantee if Model should breach or violate the terms of this Agreeement because of the competitive nature of the industry and the special knowledge of the affairs and operations of Grantee Model will gain through Model's employment. In the event Model breaches or violates any of the provision of this Agreement, the parties agree that Grantee would not have an adequate remedy at law and that, therefore, Grantee will be entitled to a temporary restraining order and a permanent injunction to prevent a breach of any of these terms or provisions contained in this Agreement.

6. The Model agrees that Model's liability in any proceeding accruing from the breach of this Agreement shall include not only the monetary proceeding commenced in breach of this Agreement, but also all other damages, costs and expenses sustained by Grantee on account of such action, including, without limitation, attorneys' fees and all other costs and expenses. The Model further agrees that Grantee shall be entitled to immediate (i.e., without prior notice) preliminary and final injunctive relief to enjoin and restrain the Model from performing any or all of the prohibitive actions described in the Model Release Contract, in addition to any other remedy provided by law or this Agreement.

7. Model agrees that any judicial authority construing this Agreement will be empowered to sever any portion of the client base or any prohibited business activity from the coverage of this Article and to apply this Article to the remaining portion of the client base or the remaining business activities. Model and Grantee intend that this paragraph be enforced to the maximum extent permitted by law. In the event that any provision of this Article is not specifically enforceable. Grantee will be entitled to recover monetary damages as a result of the breach of such provision by Model.

8. Model by executing this Agreement, does hereby assert and certify that Model is not a party to, or restricted by, any current non-competition, confidentiality or Trade Secrete Agreement. Model information from sources outside of Grantee, which is designated as "Confidential", "Proprietary" or "Trade Secrete" without prior written permission from Grantee or its attorney. Model is hereby notified that Model is not expected to and is expressly forbidden by Grantee from disclosing to Grantee as "Confidential", "Proprietary" or "Trade Secretes" information from a former employer.

MISCELLANEOUS

Job Related Conditions

I understand that I may be photographed or videographed, at differnt times and places, in public or private, either clothed, semi-clothed, semi-nude, or nude, and at such times, I may or may not be simulating a sexual act. I fully understand that the purposes of these photographs or videographs are of a sexually oriented nature, and may well be sold to others, who also consider the said photographs or videographs to be of a sexually oriented nature and/or to appeal to a prurient interest. I consider myself a paid professional model and have photographs or videographs taken of me, in either a clothed or a nude state, or while simulating any sexual act, does not trouble or distress me.

Comprehension of the Agreement

Both the employee and the company, by signing this Agreement, acknowledge that they have read this Agreement in full and understand all of its terms, and are aware of its requirements. Employee acknowledges that he or she has been given an adequate opportunity to review this agreement in full.

Lack of Duress and Right To Counsel

The undersigned understands that the project is adult oriented entertainment. The undersigned certifies that they have entered this agreement of their own free will; are not under the influence of any drugs or alcohol or duress; and without the inducement of any promise, which is not set forth in this agreement. The undersigned represent and warrant that they are over the age of 18; that they have read the foregoing; fully understand the meaning and effect thereof; have had the opportunity to review this document with legal counsel of their choice; are fully authorized to execute this document; and fully intend to be legally bound by it.

I HAVE READ AND UNDERSTOOD THIS DOCUMENT; I UNDERSTAND THAT IT IS A LEGAL DOCUMENT IN WHICH I RELEASE CERTAIN RIGHTS OF MY OWN; I REPRESENT AND WARRANT EVERYTHING HEREIN TO BE TRUE AND ACCURATE.

MODEL SIGNATURE (Grantor) DATE

Full Legal Name (printed)

Stage Name/Alias

2257 requirements

Telephone Number

Address

ID Presented To

WITNESS (Grantee) DATE