This Image Release Agreement ("Agreement") is entered into between the Designer and the Client.

 

1.  Purpose

The Designer may photograph, film, or otherwise capture the Client's image, likeness, voice, and/or performance, as well as any products created by the Client, for the purposes of creating graphic design, fine art works, product photography, and other related products and services.

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2.  Consent

By engaging with the Designer's services, the Client acknowledges and consents to the use of their photographs or recordings as described in this Agreement.

 

3.  Grant of Rights

The Client grants the Designer and its affiliates, representatives, and assigns the irrevocable, non-exclusive, and unrestricted right and permission to use, publish, distribute, and display the photographs or recordings created under this Agreement, for promotional, marketing, and portfolio purposes related to the Designer's business.

 

4.  Compensation

The Client acknowledges that no monetary compensation shall be provided for the use of the photographs or recordings.

 

5.  Duration

This consent and grant of rights shall be perpetual and irrevocable, lasting indefinitely unless otherwise terminated by mutual agreement of the parties. However, termination shall not affect any actions taken prior to such termination.

 

6.  Waiver of Liability

The Client releases the Designer from any claims, damages, or liability arising out of or related to the use of the photographs or recordings, including but not limited to claims for defamation or invasion of privacy.

 

7.  Governing Law

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, excluding any principles of conflict of laws.

 

8.  Entire Agreement

This Agreement constitutes the entire understanding between the parties regarding the subject matter herein and supersedes all prior agreements and understandings, whether written or oral.

 

9.  Model Release

The Client hereby waives any right to inspect or approve the finished product or any printed or electronic matter that may be used in conjunction therewith or the use to which it may be applied.

 

10.  Alteration

The Client agrees that the Designer may edit, alter, copy, exhibit, publish, or distribute the photographs for any lawful purpose. The Client waives any right to royalties or other compensation arising from or related to the use of the images.

 

11.  Confidentiality

The Client agrees to keep the terms of this Agreement confidential and not to disclose them to any third party without the prior written consent of the Designer.

 

12.  Indemnification

The Client agrees to indemnify and hold harmless the Designer from any claims, actions, or liabilities arising out of or related to the use of the photographs or recordings as permitted by this Agreement.

 

13.  Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

 

14.  Amendments

This Agreement may only be amended or modified by a written agreement signed by both parties.

 

16.  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.

 

16.  Electronic Signatures

Signatures provided by facsimile or electronic transmission shall be deemed to be original signatures.

 

17.  Reference to Privacy Policy

The Client acknowledges that they have read and understood the Designer's Privacy Policy, which is available on the Designer's website. The Privacy Policy provides further details on how the Designer collects, uses, and protects personal information, including any photographs or recordings made under this Agreement.

 

18.  Dispute Resolution

Any dispute arising under or in connection with this Agreement shall be resolved through mediation, to be conducted in New South Wales, Australia, before resorting to arbitration or litigation.

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19.  Acknowledgment

The Client acknowledges that they have read this Agreement, fully understand its terms, and agree to be bound by its provisions upon engaging with the Designer's services, without the need for formal signature.