model release

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MODEL RELEASE
CONTRACT
 

PhinneyStoltz, Ltd. Co.
DBA MrLou's Art
163 Decordre Road SE
Palm Bay FL 32909
Lou PhinneyStoltz, Registered Agent

In exchange for the following considerations as outlined herein, I,  ___________________________, (herein a.k.a. the model) hereby gives permission to Lou PhinneyStoltz, PhinneyStoltz, Ltd. Co., MrLou's Art, or mrlousmen.com, and or herein a.k.a. MrLou, the artist, the company, from this time forward, and in perpetuity, to use my name or this fictions name ____________________________ initials:______ and photographic/video likeness, to create original digital art and or web content for which the artist will exclusively hold the copyright, and thus have full right to use his original art in all forms and media for advertising, trade and any and all other lawful purposes.

I understand that the artist may license, sell or use his original art from my photographic images in any and all other lawful purposes including to make a financial profit and waive any and all claims to those profits other than as outlined herein, and specifically acknowledge the right of the artist to create freely and without interference or approval of the model on any finished piece the artist creates.

I understand too that the artist my post/show or offer for sale on the company website his original work, and also may showcase the original image as well as video of our photo shoot as content for the website, and I make no claim of indemnity form the artist for any revenues or profits obtained through this use.

The artist is entitled to use the original photographic likeness of any original art he has created with that specific likeness to show a before and after effect, but may not use or sell the original photographic license without specific written notice to the model as a rider to this release in which the model is assured 50% of profits for any commercial use of the raw/static photographic image by the artist. *

Considerations

1.      If the model will provide original copyrighted photographs, for artist to use to create original digital art pieces which copyright will be held by artist, the copyright for said photographic images is retained by the model, and this release serves as written consent by the model for the artist to use the photographs free of any and all claim or consideration outside of this release.
The model affirms that any images provided to the artist are legally the model's to offer as copyright free, and affirms themselves as the holder of the copyright, and further, if any copyright claim pertaining to the original copyright is ever moved upon, against the artist and or company, the model holds the artist free from any and all liability and standing in dealing with the claimant, and in so doing retains any and all liability pertaining to any question or claim against the copyright of any original photographic likeness of the model offered to the artist by the model..
Any digital images offered by the model must be high resolution images with a dots per inch (dpi) resolution of no less than 300dpi to meet the terms of this release.

2.      If the model shoots with the artist to create original digital photographic images, the artist retains the original copyright of the images. The model will receive a CD of the entire model shoot within 15 working days of the shoot. *
Touch up and alterations to the photos is not included.
The model agrees to use the photographs for personal use only and understands that if any commercial use of the photographs are discovered by the artist, the model will be responsible for any and all legal costs associated with any claim arising from the commercial use and breach by the model. The model may not use or sell the original photographic license without specific written notice to the artist as a rider to this release in which the artist agrees and is assured 50% of profits for any commercial use of the raw/static photographic image by the model.

3.      Once original digital paintings are created by the artist:

A. The artist will e-mail the model a web ready, low resolution, jpg of the piece. **
B. At the end of each month, the artist will snail mail to the model one 8x10 high gloss copy of each painting created during that month originating from an original photographic likeness of the model. *
C. Enlargements and or conversion to canvas media are at cost.
D. All shipping is free on monthly model prints but does NOT apply to enlargements or any framed pieces... model retains liability of shipping on framed pieces or canvas pieces on any paintings used from their original likeness. All free shipping compensation does not include any framed piece. Free shipping compensation if for non framed prints only.

4.      The model will be notified if any original painting used from an original image of the model is presented in any collection, either on line or off, or is hung for resale in any show or venue, and there is a sale of any size, the model will receive 10% of the profit from that sale at whatever amount that sale might be.

5.      The model has chosen the following compensation package: 10% Profits in perpetuity / One 8x10 High Gloss Print of Every Piece Done Using Your Likeness / CD Of Photos / 25% Off all purchased prints in any of our lines including Limited Edition / Free Shipping

Date: ______________ Print Model Name:_____________________________

Model Signature: ___________________________________________________
I hereby release and agree to hold harmless the artist from any cause I may perceive by virtue of any blurring, distortion, alteration, optical or digital illusion, or use of my likeness in composite form whether intentional or otherwise, that may occur or be produced in the taking of the images or in any processing leading towards the completion of the finished product, unless it can be proven and shown they and the publication thereof were maliciously caused, produced, or published solely for the purpose of subjecting the model to conspicuous ridicule, scandal, reproach, scorn and indignity, and thus causing the model to be harmed.
By signing, I also accept responsibility for any arbitration costs, lawyer fees, court costs, or any other liabilities which may be incurred, upon the artist, due to any cause I may bring forth against the Company, it's agents or it's representatives, appertaining to this release, or for causes derived by the signing of this agreement and the relationship derived by both parties by enjoining themselves to this agreement.
Further, I agree to hold blameless, and waive any claim, against the artist and company, I may have based on any usage of my image derived there from, including, but not limited to claims for either invasion of privacy, libel or copyright infringement.
By signing below, I attest and affirm that I am of full legal age and competent to sign this release.
I agree that this release shall be binding on me, my legal representatives, heirs and assigns.
I have read this release and am familiar with it's contents and have no questions or reservations about affixing my signature to this document. ____(Initial)

Affirm Fictitious Name Print: or N/A _______________________________

Age Verification Document:_____________________________________

Document Verification Number:_________________________________

Issued By: _________________________SS Number _ _ _ _ _ _ _ _ _

Copy Attached Yes_______ N0______ If No: ID must be visually presented ____(Initial) and photographed.

If Model is under 18: I, ___________________________________, am the parent/legal guardian of the individual named above and the contract herein is between me, the guardian, and the artist, and in all references to model above other than in their likeness, will be replaced by the term guardian, and verification documentation shall be that of the guardian. It is policy for the guardian to be present at shoot.

Date: ______________ Print Guardian Name:_____________________________

Guardian Signature: ___________________________________________________
I am the legal guardian for the model and we have both read this contract and have both approved the terms and conditions and sign of our own volition

Model Initials: __________ Artist Initials :________

Artist Signature:_____________________________       

Date: ________________

* model retains liability to maintain a valid snail mail address and agrees to waive this consideration if 90 days pass without the model notifying the artist of a change of address, and or if items are returned with no forwarding address.
** model retains liability to maintain a valid e-mail address and agrees to waive this consideration if after any e-mail is returned undeliverable and14 days pass without the model notifying the artist of a new e-mail address.

^Social Security Number must be provided for IRS Form 1099 and for any of the considerations herein to be effective, but lack of SS# in no way waives or voids any of the release authority of this contract.

mrlousart.com

This is a legal contract.

Thank you for agreeing to make art with us.

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