Consent and Waiver Agreement
This Model Consent and Waiver Agreement (the "Agreement") is entered into between Bryan Stewart hereinafter referred to as the "Photographer," and [Model's Name], hereinafter referred to as the "Model," collectively referred to as the "Parties," in connection with a photo shoot (the "Shoot") to be conducted in [Location] on [Date].
Model's Consent: By signing this Agreement, the Model acknowledges and agrees to the following: a. The Model consents to participate in the Shoot and understands that photographs, images, or audiovisual recordings will be taken during the session. b. The Model grants the Photographer and their assigns, licensees, or successors the unrestricted, worldwide, and perpetual right to use, reproduce, modify, distribute, and display the photographs or audiovisual recordings, in whole or in part, for any purpose, including but not limited to advertising, marketing, promotion, or publication, in any media now known or hereafter devised. c. The Model agrees that the Photographer retains all intellectual property rights in the photographs or audiovisual recordings, and the Model has no right to inspect or approve the finished products before publication or distribution. d. The Model agrees that the Photographer may use the Model's name, likeness, image, or voice in connection with the photographs or audiovisual recordings, without any compensation or additional consent, except where prohibited by law.
Release and Waiver of Claims: a. The Model releases and discharges the Photographer, their agents, representatives, employees, or any third parties acting under the Photographer's authority, from any and all claims, demands, actions, causes of action, liabilities, costs, and expenses, whether at law or in equity, arising out of or in connection with the Shoot, including but not limited to any claims for defamation, invasion of privacy, or infringement of any right to publicity or intellectual property. b. The Model waives any right to inspect or approve the photographs or audiovisual recordings, the use of which they are released herein, and any right to royalties or other compensation arising from or related to the use of the photographs or audiovisual recordings. c. The Model represents that they are at least 18 years of age and have the right to enter into this Agreement, or if the Model is under 18 years of age, they have obtained the necessary consent from their parent or legal guardian, who has read and agreed to this Agreement on behalf of the minor Model.
Notwithstanding the photographer’s copyrights and other rights outlined in clauses in 1 and 2 above, the photographer will work with the model to make image selections to be shared via website, social media, exhibitions, or books, or other media.
Confidentiality: The Model agrees to keep confidential and not disclose any confidential information obtained during the Shoot, including but not limited to trade secrets, proprietary information, or any other non-public information related to the Photographer's business or operations.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada. Any disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of Ontario.
Entire Agreement: This Agreement constitutes the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior discussions, negotiations, or agreements, whether written or oral.
The undersigned Model acknowledges that they have read and understood this Model Consent and Waiver Agreement and voluntarily and knowingly consent to its terms and conditions.
Model's Name: _______________________ Date: _______________________
Photographer's Name/Organization: _______________________ Date: _______________________