APPENDIX 2

Model and Property Releases

Reproduced with kind permission of the libraries concerned, this appendix contains the library model releases listed below. You should use these as examples only; please check each library’s Web site for the latest versions. All releases are the copyright property of the respec tive libraries and are reproduced with their permission. (If you are wondering where the iStockphoto releases are, permission for their reproduction was unfortunately refused. However, you can find them on iStockphoto’s Web site.)

1. Dreamstime
   1. Adults model release
   2. Minors model release
2. Shutterstock
   1. Adults model release
   2. Minors model release
3. Fotolia
   1. Standard model release (can be used for adults and minors)

SHUTTERSTOCK Model Release for ADULT

For good and valuable consideration, the receipt and legal sufficiency of which is hereby

acknowledged, I _______________________________________ (“Model”) hereby grant to

_______________________ and SHUTTERSTOCK, INC. (collectively, the “Photographer”), the

Photographer’s assigns, and those persons acting with the Photographer’s authority and permission, the right to take and create photographs (in all formats) and other graphical depictions incorporating my likeness, in any and all media, whether now known or hereafter created (the “Photographs”).

I hereby agree that all rights in and to the Photographs, including the copyright, are and shall remain the sole property of the Photographer, free and clear from any claims by me or anyone acting on my behalf.

The Photographer’s rights include, but are not limited to, the rights, in perpetuity, to:

Use, re-use, publish, and re-publish the Photographs;

Alter, modify or otherwise change the Photographs, in any manner the Photographer

desires;

Combine the Photographs with textual matter and/or with other pictures and/or media;

and,

Use the Photographs for illustration, promotion, art, editorial, advertising, trade,

publishing, or any other purpose whatsoever.

I hereby release, discharge, and agree to hold harmless the Photographer, the Photographer’s heirs, legal representatives and assigns, and all persons acting under the Photographer’s authority or those for whom he/she is acting, from any liability by virtue of any use of the photographs or any changes or alterations made thereto.

I hereby warrant that I am of full legal age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and assigns.

SHUTTERSTOCK Model Release for MINOR

For good and valuable consideration, the receipt and legal sufficiency of which is hereby

acknowledged, I _______________________________________ (“Model”) hereby grant to

_______________________________ and SHUTTERSTOCK, INC. (collectively, the “Photographer”),

the Photographer’s assigns, and those persons acting with the Photographer’s authority and permission, the right to take and create photographs (in all formats) and other graphical depictions incorporating my likeness, in any and all media, whether now known or hereafter created (the “Photographs”).

I hereby agree that all rights in and to the Photographs, including the copyright, are and shall remain the sole property of the Photographer, free and clear from any claims by me or anyone acting on my behalf.

The Photographer’s rights include, but are not limited to, the rights, in perpetuity, to:

Use, re-use, publish, and re-publish the Photographs;

Alter, modify or otherwise change the Photographs, in any manner the Photographer

desires;

Combine the Photographs with textual matter and/or with other pictures and/or media;

and,

Use the Photographs for illustration, promotion, art, editorial, advertising, trade,

publishing, or any other purpose whatsoever.

I hereby release, discharge, and agree to hold harmless the Photographer, the Photographer’s heirs, legal representatives and assigns, and all persons acting under the Photographer’s authority or those for whom he/she is acting, from any liability by virtue of any use of the photographs or any changes or alterations made thereto.

I warrant and represent that I am the father/mother/guardian of __________________________, the Model above named. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and assigns.

MODEL AGREEMENT

For good and valuable consideration herein acknowledged as received, the Model and the Photographer (each as identified in the signature section below) hereby agree as follows:

1.   Photographs.

This agreement (this “Agreement”) applies to any and all photographs of the Model and/or the Model’s property (the “Property”) taken on the session date(s) noted below (collectively, the “Photographs”).

2.   Grant of Rights.

The Model hereby grants to the Photographer, and the Photographer’s agents and representatives, licensees and sublicensees, assigns, heirs and successors, the perpetual, irrevocable, worldwide right to use the Photographs for any purpose whatsoever in any and all media now or hereafter known, including, without limitation, the right to reproduce, distribute, perform or display, create derivative works based upon and copyright and obtain copyright registrations of, the Photographs, whether in whole, in part or as part of a composite work. The foregoing right also includes the right of sale, broadcast, exhibition in promotion, advertising and trade. The Model acknowledges and agrees that all uses shall be without further compensation to the Model. The Model consents to use of the Model’s name or any fictitious name, or any caption or printed material, in connection with the Photographs.

3.   Ownership.

The Model acknowledges and agrees that the Photographs, and all right, title and interest in and to the Photographs, including all copyright and other intellectual property rights, and all rights in and to the physical Photographs themselves and all reproductions, are the sole property of the Photographer. The Model agrees that the Photographer may in his or her sole discretion protect the copyright and other intellectual property rights relating to the Photographs, and dispose or authorize the use of any or all such rights in any manner whatsoever.

4.   Release and Indemnity.

The Model hereby releases and indemnifies the Photographer, and the Photographer’s agents and representatives, licensees and sublicensees, assigns, heirs and successors, from and against all claims, expenses (including attorney fees) or other liability arising from and against any and all uses of the Photographs, including, without limitation, any claims or actions based on libel or slander or other defamation, right of privacy or “false light”, right of publicity, or blurring or distortion or alteration whether or not intentional.

The Model and Photographer each hereby warrant that he or she has read this Agreement prior to execution, and is fully familiar with the contents of this Agreement. If the subject of any of the Photographs is Property, the Model hereby warrants that he or she is the owner, or otherwise has the right to permit the photographing, of the Property. This Agreement shall be binding on the agents and representatives, licensees and sublicensees, assigns, heirs and successors of each of the Model and the Photographer.

If the Model is an entity and not a natural person, personal pronouns in this Agreement shall also include the neutral gender where the context so requires.

IN WITNESS WHEREOF, the Photographer and the Model (or the Model’s parent or guardian, as applicable) have executed this Agreement as of the date indicated below.