PHOTOGRAPHY MODELING AGREEMENT.
This Photography Modeling Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between Florida Shine Apparel Contact Info: ____________________ (hereinafter referred to as the “Company”), and _______________________, Contact Info: ____________ (herein referred to as the “Model”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- TERM
The initial term of this Agreement shall be for a period ____ [Days/Weeks/Months] commencing on the Effective Date herein.
- SCOPE.
The Model shall produce _________ amount of unique and quality photos modeling the Company and/or Company’s merchandise for commercial purposes. The Model understands and acknowledges that photos must be approved by the Company to be accepted.
- PAYMENT.
The Company shall pay the Model _____ Dollars for the photos covered under this Agreement, payments to be made on the _____ of every month. The Company shall only make payments for photos accepted for use in marketing and promotions. The Company shall have a right to cancel payments in the event of unfulfilled work.
- INTELLECTUAL PROPRIETARY RIGHTS.
- The Company shall have all and any copyrights/intellectual proprietary right over all photos covered under this Agreement, which include the right to sell, resell, edit and use in any commercial manner the Company deems fit. The Company shall own all the copyrights/intellectual proprietary rights over all the Company’s logo, brand name and/or any design associated with the Company. The Model shall not use or sell any of this separately without the Company’s prior written notice and/or consent.
- The Model’s association with the Company as provided under this Agreement does not transfer any rights to the Model to post online and/or speak on behalf of the Company.
- The Model understands that they shall under no circumstance slander, orally or in writing, the Company and/or the Company’s brand and/or name online and/or on any other print media.
- LIABILITY/INDEMNITY/WAIVER.
- The Company shall not be held responsible for any injuries sustained by the Model while they are performing their obligations under this Agreement, provided that such injuries are not as a result of the Company’s negligence. The Model shall defend and indemnify the Company against such issues and liability.
- The Parties agree that neither Party shall assign its rights or obligations under this Agreement without prior Notice or consent of the other Party.
- The waiver by either party of any breach or failure to enforce any of the terms of this Agreement at any time shall not in any way affect, limit, or waive such Party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
- FORCE MAJEURE.
The failure on the part of the Model to perform their obligation under this contract will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Model shall inform the Company of such inconveniences promptly.
- TERMINATION/CANCELATION.
The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a ____ Day Written Notice on the same. The Company may without notice terminate/cancel this Agreement in the event that the Model fails to produce unique and/or quality photos as per the specifications of the Company. Upon the termination/cancellation of this Agreement, any other payments owed to the Model shall only fall within the mediation payment terms.
- DISPUTE RESOLUTION.
In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a binding mediation process in accordance with the ADR rules and mechanisms of the State of Florida USA. The Company shall have the upper hand during the process as well as determining the amount payable to the Model as mediation settlement. The maximum amount payable as mediation settlement shall be _________ Dollars.
- MODIFICATION.
This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- GOVERNING LAW/JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA. Exclusive jurisdiction and venue shall be in the State of Florida, USA.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ ___________________ ___________
(SIGNATURE) (NAME) (DATE)
MODEL: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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