LIMITED MODELING AGREEMENT
This Limited Modeling Agreement (the "Agreement") is made by and between the photographic model (hereafter, “Model”) and the photographer (hereafter, “Photographer”), identified below. 1. PURPOSE. The Agreement provides for limited engagement of Model, by Photographer, in furtherance of the portfolio-building requirements of both parties. 2. SCOPE AND TERMS OF AGREEMENT. The scope and terms of the Agreement are, as follows: 2.1. Initial Meeting. Prior to the first photo session, Model and Photographer will meet, face-to-face, to become acquainted, to discuss tentative artistic concepts, plans and photo venues; and then, either commit to or abandon further planning and operations. 2.2. Tentative and operational planning arrangements; cooperation and collaboration. At the first meeting, or any subsequent meeting, either party may propose artistic concepts and/or venues, which shall be deemed tentative and subject to joint approval; however, even an approved venue, date, place and/or time will remain subject to actual availability. Upon satisfaction of the foregoing preconditions, Model’s and Photographer’s personal responsibilities are, as follows: 2.2.1. Photographer selects, furnishes and operates necessary photographic equipment, including cameras, possible artificial lighting and background screens; he also makes appropriate photo site arrangements, to include investigating, inspecting, hiring and/or securing availability, as necessary. 2.2.2. Model makes himself/herself available for imaging for up to two consecutive hours; and consistent with venue, artistic concept, and own artistic sensibility, accepts reasonable stage direction from Photographer; for example, by executing a sequence of poses in rapid succession or by holding a specific pose for up to 20 minutes-at-a-time, without-a-break. 2.2.3. Model and Photographer agree to collaborate, particularly in matters pertaining to costuming and/or props. However, each is responsible for personal expenses, to include meals and refreshments, clothing, hair-styling and cosmetics, as well as transportation to and from meeting(s) and photographic venue(s). 2.3. Posing and Direction. Model agrees to pose for Photographer, at the latter’s reasonable direction, to enable: 2.3.1. Standard poses and imaging. Imaging of Model, including any or all of the following, without limitation: Head and face, including hair, eyes, nose, lips, teeth and ears; Shoulders, arms, wrists, hands, legs, thighs, ankles, feet and toes; Modestly covered chest and torso; Modestly covered pelvis, hips and buttocks; and Visible tattoos, clothing and/or jewelry 2.3.2. Nude or quasi-nude poses and imaging. Imaging of Model, including the following non-standard poses, which are authorized if initialed by both parties in the spaces provided (Note: provisions not initialed by both parties are automatically excluded): Model’s uncovered or revealingly displayed chest, torso or breasts (Initials: _____ / _____) Model’s uncovered or revealingly displayed pelvis, hips or buttocks (Initials: _____ / _____) Model’s uncovered or revealingly displayed genitals (Initials: _____ / _____) 2.4. Independent Contractors. Model and Photographer are independent contractors; no contract of employment is expressed or implied; compensation and expense reimbursement are limited, as follows: 2.4.1. Model and Photographer both work on a “time-for-electronic image” (TFeI) basis; i.e., in exchange for Model’s time and effort, Photographer will furnish to Model images, vice paid compensation, either by email or other electronic medium acceptable to both parties. 2.4.2. Neither Model nor Photographer is responsible for any health, vacation, retirement or other employment benefits incurred by the other, nor for any expenses; except that Photographer will cover the following expenses if itemized and initialed by both parties (Note: Expenses not itemized and initialed by both parties, are automatically excluded): Model’s hair-styling or coloration: _______________________________________________ (Initials: _____ / _____) Model’s facial or cosmetic beauty treatment(s): _______________________________ (Initials: _____ / _____) Model’s other expenses: ______________________________________ (Initials: _____ / _____) 2.5. Cooperation, Collaboration and Good Faith. Model and Photographer recognize that each is likely to incur certain unavoidable expenses: for example, Photographer may need to procure, rent, hire, inspect and/or secure a photo venue; alternatively, Model may need to arrange specialized beauty treatments, to include specialized clothing or hair-styling, as well as cosmetic face or body treatments. In anticipation of such expenses, and recognizing that preventable waste benefits nobody, Model and Photographer agree to employ best efforts to reduce waste—for example, by reasonably adhering to time-and-place-of-meeting commitments—hereafter, for convenience, called duties of “good-faith cooperation and collaboration”. 2.6. Copyright Ownership and Image Usage. Photographer retains a common law copyright interest in any and all photos or images; except that, Photographer grants to Model a perpetual right to use, royalty-free, any photo or image captured during a photo session. Photographer promises to never sell a photograph in which Model’s face, unique tattoo or other personally distinguishing feature is visible. However, Photographer may publish, or cause to be published, in print or online, a royalty-free likeness of Model’s face, unique tattoo or other personally distinguishing feature without attribution (e.g., “portrait of a young girl”), unless Model hereby requests the following specific attribution: ___________________________________. 2.7. Term and Termination. The Agreement is effective when signed and dated in the spaces provided below; and except for copyright, privacy and non-disclosure obligations, which remain permanently enforceable, it terminates without cost, in accordance with its terms, upon the first to occur of the following: Fulfillment of the mutual obligations herein set forth; or Thirty-days after non-fulfillment of one or more duties of good-faith cooperation and collaboration (e.g., failure to show for a scheduled photo session); or The anniversary of the Agreement. 2.8. Indemnification and Hold Harmless. Model and Photographer are individually responsible for personal losses, if any, occasioned by any accident or injury linked to a photo session, whether or not due to the negligence (omission or commission) of the other; furthermore, each agrees to release, defend, indemnify and hold the other free and harmless from and against all such claims. 2.9. Merger, Severability and Assignment. The Agreement merges all prior agreements, offers and solicitations of every kind, whether express or implied. The duties and obligations herein set forth are personal, non-severable and not subject to assignment, except and unless otherwise herein provided. 2.10. Applicable Law. The Agreement is governed by the laws of Virginia. 2.11. Meeting Solicitation Requirements. The Agreement was solicited subject to requirements that Model: (i) be 18 years-of-age or older, (ii) furnish proof of Covid 19 vaccination, (iii) be able to hold a pose for up to 20 minutes, and (iv) have high school-level or equivalent English language comprehension. The requirements shall be deemed met whenever Model furnishes copies of drivers’ license (or suitable other identification) and Covid 19 vaccination card, and subscribes initials in the space provided, thereby representing that he/she has read and understands the Agreement (to include having the ability to hold a pose for up to 20 minutes), and thus satisfies the English comprehension requirement: _________
SIGNATORIES. The Agreement is executed by Model and Photographer, as of the date written.