This Photo Release Form ("Agreement") is made and entered into as of [DATE] by and between:

 
 
  • [Your Name/Business Name], residing at [Your Address] ("Releasing Party"), and
  • [Client Name], residing at [Client Address] ("Releasor").

WHEREAS, Releasing Party is a photographer/content creator; and

WHEREAS, Releasor has been photographed by Releasing Party (the "Photographs"); and

WHEREAS, Releasing Party desires to use the Photographs for the purposes hereinafter set forth, and Releasor desires to grant such permission.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:

  1. Grant of Rights: Releasor hereby irrevocably grants to Releasing Party and its successors and assigns (collectively, the "Permitted Parties") a worldwide, non-exclusive, royalty-free, fully paid-up right and license to use, reproduce, modify, adapt, publish, display, distribute, translate, create derivative works of, and otherwise exploit the Photographs in any and all media, whether now known or hereafter devised, for any purpose whatsoever, including but not limited to advertising, marketing, promotional materials, websites, social media, publications, and other commercial and non-commercial uses (the "Uses").

  2. Representations and Warranties: Releasor represents and warrants that (a) they are the sole owner of all right, title, and interest in and to the Photographs, or have obtained all necessary permissions and consents from any other individuals appearing in the Photographs; and (b) the execution and performance of this Agreement will not violate the rights of any third party.

  3. Release: Releasor hereby releases, discharges, and agrees to hold harmless the Permitted Parties from and against any and all claims, demands, or causes of action of any kind or nature whatsoever, arising out of or in connection with the Uses of the Photographs, including but not limited to claims of defamation, libel, right of publicity, or invasion of privacy.

  4. Indemnification: Releasor agrees to indemnify and hold harmless the Permitted Parties from and against any and all losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with any claim, demand, or cause of action brought against a Permitted Party by a third party relating to the Uses of the Photographs.

  5. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

  6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State] (USA) or the Province of [Your Province] (Canada), without regard to its conflict of laws principles.

  7. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

  8. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

Releasing Party:

[Your Signature]

[Your Name/Business Name]

Releasor:

[Client Signature]

[Client Name]