MODEL RELEASE AND PERMISSION TO USE PHOTOPGRAPHS
This Model Release and Permission to Use Photographs (the “Agreement”) is made and effective as of today, the Model has registered on this website.
BETWEEN: Morgeez Talent Agency adivision of Mor‘geez Records cc (the “Website Owner”), a corporation organized and existing under the laws of the Gauteng Province, Republic of South Africa of, with its head office located at:
18 Heelra Road, Raumarais Park, Sandton, Johanneburg, 2090
AND: The person or talent (the “Model”), an individual who is hereby apply to the agency for the purpose of full representation and bookings for gigs.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Model hereby irrevocably and perpetually grants to Website Owner the unrestricted right, power and authority to reproduce, publish, print, distribute, transmit, copy, or otherwise exploit, in whole or in part, in any medium known or later discovered, including but not limited to by means of digital transmission through the Internet, all photographs which are described in “the talent pool” as uploaded here to, shall be used for film shoots, advertising and general publication use including but not limited to all photographs and images taken of the Model by [PHOTOGRAPH] at a photo shoot held at anytime, anywhere (location), and further including the photographs, videos, audio which are uploaded or attached hereto and consecutively numbered marked for use by the agency, (all of the above are collectively defines herein as the “Photographs”).
- COPYRIGHTS AND USE OF PHOTOGRAPHS
The Model acknowledges and agrees that the Website Owner may use and exploit the Photographs in any manner, without restriction of any kind, and without the necessity of acknowledging the Model’s identity, or by identifying him/her other than with his/her real name.
The Model hereby releases and holds the Website Owner harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to the Photographs or the Website Owner’s use and exploitation of the Photographs, including but not limited to actions based upon invasion of privacy, violation of moral rights, defamation, false light, and all other potential legal theories of any nature or type, under and state, federal or local common law, statutory law, rule, regulation or court order, whether now known and available or whether later developed, discovered or created.
- REPRESENTATIONS AND WARRANTIES
The Model represents and warrants that he/she is over the age of majority in the state in which this Release is executed and that the Model has full power and authority to execute this Release. The Model has produced a valid driver’s license’ birth certificate, or other proof of his/her age to the Website Owner. No other party has any interest or right in and to the Photographs or the exploitation thereof by the Website Owner.
- ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supercedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorized representatives of the parties. If any provisions hereof is deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be effected and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.
- GOVERNING LAW
In interpreting the terms of this Agreement, the parties agree that the laws of the province of Gauteng and of the Republic of South Africa shall be applicable. All suits permitted to be brought in any court shall be in city of Johannesburg, Province of Gauteng, South Africa.
IN WITNESS WHEREOF, the parties have executed this Agreement in good standing, with full knowledge of its content and significance and intending to be legally bound by the terms hereof.