TFP Contract & Model Release Form
This document constitutes a binding contract between
Model’s name & DOB:
(Hereafter referred to as 'Model')
(Hereafter referred to as 'Model')
Photographer’s name: Dennis Eckert
(Hereafter referred to as 'Photographer')
(Hereafter referred to as 'Photographer')
Regulating the ownership and use of photographs and derivative works based thereupon (collectively hereafter the 'Photos') taken by the Photographer of the Model on the following
Date:
for all lawful purposes, subject to the terms and conditions described below.
§ 1 Pictures / Delivery
The basis for this contract is a non-commercial arrangement where Model in the interest of gaining modeling experience agrees that in exchange of modeling time, he/she/they shall receive processed photographs delivered to Model by Photographer in the quantity and format described as follows:
Number of digital files (minimum): 4
Physical prints (material cost applicable): yes / no
Physical prints (material cost applicable): yes / no
Digital downloads will be made available via Photographer’s Dropbox (or through other media, such as Flickr or image hosting sites but not directly via social media).
Delivery shall take place in a timely manner depending on developing and digitalizing times of the film.
The film will be developed by Photographer himself or his studio of trust. Model understands that in rare cases film development can result in unforeseen loss of pictures. Photographer can hence not guarantee the above quantity of pictures – it should merely be taken as estimation. In case of film damage resulting in unusable pictures, Photographer will offer a second prioritized TFP-shoot.
§ 2 Copyright
Model agrees that copyright, moral rights, and all other intellectual property rights to the Photos belong to the Photographer and/or his or her heirs, licensees or assigns, with full right of lawful disposition in any manner.
Model agrees that, while he/she may use the Photos for purposes related to the promotion of Model's modeling business, including, but not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites, Model will not sell or otherwise transfer publication rights to any of the Photos without Photographer's prior consent.
Likewise, Photographer agrees that while he/she may use the Photos for purposes related to the promotion of Photographer's photography business, including, but not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites, Photographer will not sell or otherwise transfer publication rights to any of the Photos except with Model's prior consent.
Model understands that Photographer has the moral right to be identified as the author of the Photos when copies of the Photos are presented to the public, and shall communicate this understanding to publishers, designers and other third parties that act on Model's behalf to create presentation material using the Photos.
§ Photo Alterations
Model agrees that the Photos shall not be cropped, altered or distorted in any way. Any watermark and copyright notice that appear as part of a Photo must be left intact.
§ 3 Liability
Model releases and agrees to hold Photographer and/or his or her heirs, licensees or assigns, harmless from any claim or liability in connection with the publication or use of these images in any manner or form whatsoever under this release form, unless it can be clearly shown that the foregoing was maliciously caused, and produced, and published solely for the purpose of subjecting Model to conspicuous ridicule, scandal, reproach, scorn, and indignity.
§ 4 Consent
Model hereby affirms that all poses, positions and situations enacted in the Photos covered in this release were entered into without force, coercion, or threat whatsoever, and were posed freely by Model with Model's full consent. Model further agrees to hold blameless and free of all accusation of such force or coercion Photographer, his legal representatives, assigns, and those acting under his permission.
§ 5 Legal Age
Model hereby affirms that his/her date of birth is as stated above and that Model is fully able to contract in his/her own name without breach of any prior agreement or applicable law, including, but not limited to, prior agreements with modeling and talent agencies.
Both Model and Photographer affirms to have read the foregoing prior to its execution and agree to the contents thereof.
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Model's signature
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Photographer's signature
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Place, Date
On occasion these TFP shoots may take place within privately owned premises that are open to the public, such as parks, country estates and or other undefined spaces. In the event that the owner of such a space requires a copy of the prints or images they will be given consent in the same terms as this model release, the images will not be for re- sale under any circumstance but could be used for and within their promotional materials.