Gamboa Photos – Model Release
In consideration of my engagement as a Model, upon the terms herewith stated, and for good and valuable consideration, the receipt of which is acknowledged, I hereby give to Mark Gamboa (Gamboa Photos), his heirs, legal representatives and assigns, those for whom he is acting, and those acting with his authority and permission:
a) The unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits, pictures and other representations of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
b) I also permit the use of any public display of material in connection therewith, either in printed or digital form. Notwithstanding such permission, I acknowledge that no promise exists, either expressed or implied, that such publication will occur. This written release supersedes any verbal agreements.
c) I acknowledge that a photo session may be attended by others, including but not limited to makeup artists, hair stylists, assistants and backup photographers. All photo sessions are subject to documentation photography and/or videography for both archival as well as display and promotion purposes.
d) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
e) I hereby release, discharge and agree to save harmless Mark Gamboa (Gamboa Photos), his heirs, legal representatives or assigns, and all persons functioning under his permission or authority, or those for whom he is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
f) I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
Dated: _________________________________ |
Date of Birth: ____________________________ |
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Full Legal Name: _____________________________________ |
Phone:_________________________________ |
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Height: __________ Weight: ________________ |
Measurements: __________________________ |
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Address:______________________________________________________________________ |
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City:______________________________ |
State/Zip:_______________________________ |
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Parent / Witness:______________________________________ (Must be signed by Parent/Guardian if Model(s) under age of 18 years) |
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g) Signed after the session, I acknowledge that the photography session was conducted in a completely proper and highly |
Signature:___________________________________________ (Must be signed by Parent/Guardian if Model(s) under age of 18 years) |
[ ] If initialed, this release covers a shoot done as trade, also known “Time for CD.” I acknowledge that in consideration of my engagement as a model, I will receive a compact disc and/or electronic access to an Internet site containing copies of selected images from this engagement. The selection of the images is at the sole discretion of Gamboa Photos. Images will be scaled for web use (600px on longest side) and branded. I agree that any public posting of images will be branded images. In all cases, all photographs made available for viewing will be credited to “Gamboa Photos” and, if the image is posted on the Internet, a hotlink to http://www.GamboaPhotos.com will be included. I acknowledge that the providing of such images in no way conveys ownership or copyright. I also agree to all Terms and Conditions and the Image usage terms as stated on the pages below.
[ ] If initialed, Gamboa Photos acknowledges and agrees that all identifying material used with any photographs shall consist of the model’s “stage name” only.
Stage Name: _________________________________________________
Terms & Conditions – GamboaPhotos.com
1. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Model for the purpose of selecting photographs available on a Web site or CD-ROM.
2. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Model or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio. If the Photographer desires to make other uses of the images and/or prints, no consent from the Model will be required.
3. Model’s Usage. The Model is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer.
4. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Model’s order.
5. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
6. Inherent Qualities. Model is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Model releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
7. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
8. While the Photographer has taken reasonable care to correctly identify, color correct, enhance, and orientate the pictures, it does not accept any liability for loss or damage incurred by the Model or any third party caused by any errors. The Photographer will use best practice to assure that the customer receives the contracted results, however the Photographer assumes no liability if the contracted results are not achieved regardless of cause. The Photographer will make every effort to create planned and/or wanted images, but it is possible that time and other circumstances may prevent the complete accomplishment of all images.
9. The Model understands that the Photographer is not liable for any loss or damage to personal materials and clothing during the covered event or photo session.
10. The Model understands that the Photographer is not liable for any injury received by the Model during the covered event and understands that any pose, action, and interactions are strictly voluntary and is not forced upon by Photographer. The Model has rights to stop the Photographer at anytime that he/she feels uncomfortable or not satisfied during the covered event or photo session.
11. The Model understands that the Photographer cannot guarantee to provide any specific photo, and that the Photographer is not responsible for any loss of coverage for any reason.
12. The Model understands that photos sent to print may be cropped according to the dimensions set by the printer. The Photographer will try their best to fit the photo however cannot guarantee that it will come out way the Model intended.
13. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Virginia.
*** Notice: Image Usage Terms and Conditions subject to change at any time.
_______________ Model/Parent Initial
_______________ Date
Image Usage Terms
- You may not use the images in any commercial manner. You may not sell any photos or prints from this photo session.
- You may not alter or tamper with the images in any way. You may not crop, edit, retouch, or tamper with the images.
- You may use the branded proofs online so long as our branding is not altered. If possible, provide a link to http://www.GamboaPhotos.com
- You may purchase a print release if you would like to use the images for comp cards and other non-commercial prints.
- All images are exclusively copyrighted to Gamboa Photos.
By signing this document you acknowledge that you understand and agree to all terms and conditions as well as the image usage terms.
Model Signature: ___________________________ Date: ______________________
Model Signature: ___________________________ Date: ______________________
Parent/Guardian Signature: __________________ Date: ______________________
