This document constitutes a binding contract between (“Makeup Artist”), and (“Photographer”), regulating the ownership and use of photographs and derivative works based thereupon (“Photos”) taken by Photographer of Makeup Artist on the date below for all lawful purposes, subject to the terms and conditions described below.
This is a non-commercial arrangement where Makeup Artist agrees that in exchange of Makeup Artist’s time, he/she shall receive processed photographs of the model in this photo shoot by Photographer in the quantity of 5 photographs at a minimum in JPEG format.
Delivery shall take place no later than 30 days after the date of this photo shoot. This delivery constitutes the whole obligation of the Photographer towards Makeup Artist. Photographer (and his/heirs, licensees or assigns) owns the copyright, moral rights and all other intellectual property rights to the Photos, with right of lawful disposition of any manner.
Photographer may use the photos for purposes related to promoting his photography business. This includes but is not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites. Photographer will not sell or transfer publication rights to any of the Photos except with Makeup Artist’s prior consent.
Makeup Artist may use the photos for purposes related to the promotion of his/her Makeup Artist business. This includes but is not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites. Makeup Artist will not sell or transfer publication rights of any of the Photos without Photographer’s prior consent. Photos shall not be cropped, altered or distorted in any way when they are used to promote Makeup Artist’s Makeup Artist business.
Photographer has the moral right to be identified as the author of the Photos when copies of the Photos are presented to the public, and shall communicate this to publishers, designers, and other third parties acting on Makeup Artist’s behalf to create presentation material using the Photos. Any watermark and copyright notice that appear as part of a Photo must be left intact. Makeup Artist releases and agrees to hold Photographer (and/or his/her heirs, licensees or assigns) harmless from any claim or liability in connection with the publication or use of Photos in any manner or form, unless it can be clearly shown that the forgoing was maliciously caused, and produced, and published solely for the purpose of subjecting Makeup Artist to conspicuous ridicule, scandal, reproach, scorn, and indignity. Makeup Artist affirms that all poses, positions and situations enacted in the Photos covered in this release were entered into without coercion, force or threat, and were made freely by Makeup Artist with Makeup Artist’s full consent.
Makeup Artist hereby affirms that he/she is fully able to contract in his/her own name without breach of any prior agreement or applicable law, including, but not limited to, prior agreements with Makeup Artist and talent agencies.
Both Makeup Artist and Photographer affirms to have read this contract prior to its execution and agree to the contents thereof.