ERICA JOAN PRODUCTIONS
MODEL RELEASE AND CONSENT AGREEMENT
Erica Joan Thornberry ("Photographer") wishes to photograph and use the name and likeness of the individual named in the use of services on www.ericajoan.com ("I" or "me"). By using these services I agree to the policies, terms, and conditions listed below.
For the intangible value I will gain by my performance and engagements as a model as well as other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I irrevocably grant Photographer my permission and the right to photograph me, and to use any and all photographic or other images taken of me including finished pictures, negatives, transparencies, proofs, reproductions, copies of the original prints and negatives, and digital information pertaining to them (collectively, the "Images") according to the terms and conditions set forth in this Model Release and Consent Agreement ("Agreement").
I hereby irrevocably permit, authorize, and license Photographer and their affiliates, licensees, agents, assigns, those for whom Photographer is acting, and those acting on Photographer's behalf ("Authorized Persons") to use and publish the Images, either separately or together and my own name and all materials created by or on behalf of the Authorized Persons that incorporate any of the foregoing ("Materials") for any purpose whatsoever (except pornographic or defamatory), advertising, promotion, and other commercial and business purposes and in any medium, format, or platform now existing or hereafter created without further consent from or any royalty, payment, or other compensation to me. I specifically consent to the use of the Images with other images, text, graphics, film, audio, and audiovisual works. I acknowledge and agree that the Images may be altered or modified without any restrictions, whether by traditional or digital photographic techniques.
Photographer is and shall be the exclusive owner of all rights in the Images and Materials. I hereby irrevocably transfer, assign, and otherwise convey to Photographer my entire right, title, and interest, if any, in and to the Images and Materials and all copyrights and other intellectual property rights in the Images and Materials arising in any jurisdiction throughout the world in perpetuity, including all registration, renewal, and reversion rights.
Photographer has no obligation to use the Images or to exercise any rights granted under this Agreement. I acknowledge and agree that I have no right to review or approve the Images or the Materials, including any written copy or other materials that may be used in connection, before they are used by Photographer or at any other time, and that Photographer has no liability to me for any editing or alteration of the Images or the Materials, or for any distortion or other effects that may occur or be produced in connection with the taking of such Images or Photographer's processing, editing, alteration, transmission, display, publication, or other use of the Images or the Materials. Acknowledgment or credit of me in connection with the Images or the Materials, if any, shall be determined by Photographer in their sole discretion.
To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, arising directly or indirectly from the Authorized Persons' exercise of their rights under this Agreement, and I covenant not to make or bring any such claims against any Authorized Persons and their agents, employees, and representatives, and forever release and discharge the Authorized Persons from liability under such claims. I understand that Photographer is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
I acknowledge that the above general release includes claims and costs which I may not know or suspect to exist and hereby waive all rights which may exist under California Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I represent and warrant to Photographer that I am at least eighteen (18) years of age and that I have full right, power, and authority to enter into this Agreement and grant the rights granted hereunder.
Photographer may assign this Agreement and its rights and obligations hereunder, in whole or in part, to any party. This Agreement shall be binding on and shall inure to my benefit and the benefit of Photographer and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in the United States of America, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
THIS AGREEMENT PROVIDES PHOTOGRAPHER WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING PHOTOGRAPHER TO PUBLICIZE, COMMERCIALLY EXPLOIT, AND OTHERWISE USE YOUR LIKENESS, AND NAME AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PHOTOGRAPHER.