This document constitutes a binding contract between:
_______________________ (Hair & Make Up Artist),
Dimitri Zaik, Scarlet Nerve (Photographer),
regulating the ownership and use of photographs and derivative works based thereupon (Photos) taken by Photographer of Model and/or photos depicting work of Hair & Make Up Artist and Stylist/Designer, on the ___________________ for all lawful purposes, subject to the terms and conditions described below.
The basis for this contract is an arrangement where Model or Hair & Make Up Artist and Stylist/Designer, in the interest of gaining more experience and or creating collaborative art, agrees that in exchange of modelling/hair and make up and styling/designing time/product he/she shall be eligible to a minimum of 5 retouched images in digital format (JPG). RAW files will not be provided under any circumstances.
Delivery shall take place in a timely manner (3 – 4 weeks) and under any circumstance no longer than 30 days after the date this contract is signed by Photographer. This delivery constitutes the whole obligation of Photographer towards Model and/or Hair & Make Up Artist and Stylist/Designer.
Model and/or Hair & Make Up Artist and Stylist/Designer agrees that copyright, moral rights, and all other intellectual property rights to the Photos belongs to Photographer, licensees or assigns, with full right of lawful disposition in any manner. Model and/or Hair & Make Up Artist and Stylist/Designer has no right to sell or transfer rights to of any of the Photos.
Model and/or Hair & Make Up Artist and Stylist/Designer agrees that, he/she may use the Photos for purposes related to the promotion of Model’s and/or Hair & Make Up Artist and Stylist/Designer’s personal digital portfolios or pre discussed magazine/advertising submissions where no party stands to gain financially on said submission. Additional usage rights and/or written permission must be acquired if Photos are to be printed or to be used in advertising campaigns. Digital low-res images, including copyright text accompanied with full credits to all parties, are allowed to be displayed on Model and/or Hair & Make Up Artist and Stylist/Designer’s business pages or website.
Likewise, Photographer agrees that while he/she may use the Photos for purposes related to the promotion of Photographer’s photography business, including, but not limited to: advertising, portfolios, composite cards, exhibitions, contests, and promotional web sites. Photographer has the right to sell or otherwise transfer publication rights of any of the Photos. And while not in general practice, as a gesture of goodwill and respect, if Photographer agrees to sell an image, the profit of said sale will be divided in a new contract between all involved parties. Photographer will receive no less than 70% of said margin as the copyright holder.
Model and/or Hair & Make Up Artist and Stylist/Designer understands that Photographer has the moral right to be identified as the author of the Photos when copies of the Photos are presented to the public.
Model and/or Hair & Make Up Artist and Stylist/Designer agrees that the Photos shall not be cropped, altered or distorted, and copyright notice that appear as part of a Photo must be left intact.
Model and/or Hair & Make Up Artist and Stylist/Designer agrees not to print or post any images containing the PROOF © Dimitri Zaik | www.scarletnerve.com banner. These images are provided to the Model/Hair & Make Up Artist and Stylist/Designer to assist him/her in choosing which images he/she would like the Photographer to retouch, and ONLY for that purpose. Retouching and editing is completely at the discretion of the Photographer.
Model hereby affirms that all poses, positions and situations enacted in the Photos covered in this release were entered into without force, coercion, or threat whatsoever, and were posed freely by Model with Model’s full consent. Model further agrees to hold blameless and free of all accusation of such force or coercion Photographer, his legal representatives, assigns, and those acting under his permission.
TF – Trade for 5 retouched images (JPG format) delivered digitally.
Model/Hair & Make Up Artist and Stylist/Designer may request for additional retouched Photos for a fee of $10 for every additional image retouched. Invoice and payments will be handled via PayPal. Once the Model/Hair & Make Up Artist and Stylist/Designer pays the billed amount the Photographer will proceed to retouch the extra image/s. These Photos will be bound under the same terms agreed above.
Age Verification (Check the applicable box):
☐ I hereby warrant that I am at least Eighteen (18) years of age, and competent to contract in my own name insofar as the above is concerned.
☐ I hereby warrant that I am the parent or otherwise legal guardian of ____________________, a minor, and fully qualified to affix my signature on behalf of the aforementioned minor person in matters of contractual nature.
I have read the foregoing release, authorization and agreement, before affixing my signature below, and warrant that I fully understand the contents thereof.
Photographer: Dimitri Zaik, Scarlet Nerve Signature: _________________________
Model: _________________________________ Signature: _________________________
Hair & Make Up Artist : _____________________ Signature: _________________________
Stylist/Designer : __________________________Signature: _________________________