Model Release Form - Template, Sample Form to Fill out Pro · NG-law

MODEL RELEASE AND CONSENT FORM

THIS MODEL RELEASE AND CONSENT FORM (the “Release”) is made on the ________ day of ________.

BETWEEN

________, of ________ (hereinafter referred to as the “Publisher”, which expression shall, where the context so admits, include its successors-in-title, licensees, assignees and authorised representatives) of the one part;

AND

________, an individual, of ________ (hereinafter referred to as the “Model”, which expression shall, where the context so admits, include the Model's heirs, personal representatives and assigns) of the other part.

The Publisher and the Model are hereinafter individually referred to as a “Party” and collectively as the “Parties”.

WHEREAS:

(a) The Publisher is desirous of producing, reproducing and publishing certain photographic and/or audiovisual works featuring the Model; and

(b) The Model has, of the Model's own free will and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, agreed to grant the Publisher the consents and rights contained herein.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. THE WORK

1.1 The Parties agree that the Publisher shall produce and publish the photograph(s) and/or other work (the “Work”) featuring the Model. The Work to which this Release relates is described as follows:

________

1.2 The Model hereby irrevocably consents to the use of the Model's image, likeness, voice and name for the production and publication of the Work.

1.3 In consideration of the grant of rights and consents herein, the Publisher shall pay to the Model the sum of ________ (Naira) payable on the terms set out in clause ________.

2. USE OF THE WORK

2.1 The Publisher, its licensees, assignees, successors-in-title and other authorised agents shall be entitled to use the Work in the following manner (the “Purpose”):

________

2.2 The territory in respect of which the rights granted herein may be exercised is ________.

2.3 Save as otherwise agreed in writing by the Parties, the Publisher shall not use the Work for any purpose other than the Purpose described above, nor in any manner which is defamatory of, or which holds up to ridicule, the Model.

3. CONSENT, COPYRIGHT AND RELEASE

By executing this Release, and in accordance with the Copyright Act 2022 and other applicable laws of the Federal Republic of Nigeria, the Model agrees and acknowledges as follows:

(I) The entire copyright and all proprietary rights in and to the Work shall vest in and belong to the Publisher absolutely, and the Publisher shall have the exclusive right, throughout the period of copyright protection, to use, reproduce, adapt, distribute and publish the Work and any derivative works thereof for commercial gain, advertisement, promotion or for such other purpose as is consistent with the Purpose.

(II) The Publisher and its authorised representatives, assignees, licensees and successors-in-title may edit, alter, retouch, crop or otherwise modify the Work, subject always to clause 2.3.

(III) The Model acknowledges that, subject to the rights granted herein, the Publisher retains the right, title and interest in and to the Work and any reproduction thereof.

(IV) The Model consents to the use of the Model's name in connection with the Work.

(V) The Model consents to the use of any fictitious or professional name in connection with the Work.

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(VII) The Model warrants that the Model is of full age (being not less than eighteen (18) years), of sound mind, and has full legal capacity and authority to grant the consents and rights herein, and that the same do not conflict with any prior agreement to which the Model is a party.

4. DATA PROTECTION

4.1 The Parties shall comply with the provisions of the Nigeria Data Protection Act 2023 and any subsidiary regulations made thereunder in respect of the collection, processing and use of any personal data relating to the Model.

4.2 The Model hereby consents, in accordance with the Nigeria Data Protection Act 2023, to the processing of the Model's personal data (including the Model's image and likeness) by the Publisher solely for the Purpose, and the Publisher shall implement appropriate technical and organisational measures to safeguard such data.

5. CONFIDENTIALITY OBLIGATIONS

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5.2 Confidential information includes all information or materials of whatever nature relating to the Purpose disclosed by either Party, whether by written material or by any oral or written statement whatsoever, including but not limited to documents, techniques, practices, tools, specifications, inventions, patents, trademarks, software, drawings and programmes, but shall not include information or data:

(I) which can be established by written records to be already known to the Receiving Party or to the public at the time of the disclosure;

(II) which enters the public domain through no fault of the Receiving Party;

(III) which is given by the Disclosing Party to third parties without any restrictions;

(IV) which is given to the Receiving Party by any third party who is in lawful possession of such information and has the legal right to disclose it; or

(V) which is required by law, regulation or order of a court of competent jurisdiction to be disclosed.

5.3 Trade secret information includes all formulae, patterns, designs, processes, methods or other information that is not known or easily ascertainable to the general public.

5.4 The Parties hereby agree as follows:

(I) to take proper and reasonable measures to ensure the confidentiality of the confidential information under this Release;

(II) to use the confidential information solely for the purpose for which it was disclosed and not for any other purpose whatsoever;

(III) not to disclose, reproduce, or otherwise make available the confidential information to any third party without the prior written consent of the Disclosing Party; and

(IV) to return or destroy all confidential information, including any copies thereof, upon the request of the Disclosing Party or upon the termination of this Release. This obligation of confidentiality shall survive the termination of this Release.

6. INDEMNITY

Each Party shall indemnify and keep indemnified the other Party against all losses, liabilities, costs and expenses arising out of any breach by that Party of any of its warranties, representations or obligations under this Release.

7. ENTIRE AGREEMENT AND VARIATION

7.1 This Release constitutes the entire agreement between the Parties in respect of its subject matter and supersedes all prior negotiations, representations and agreements, whether oral or written.

7.2 No variation of this Release shall be effective unless made in writing and signed by or on behalf of both Parties.

8. SEVERABILITY

If any provision of this Release is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

9. DISPUTE RESOLUTION

9.1 The Parties shall use their best endeavours to amicably resolve any dispute, controversy or claim arising out of or in connection with this Release within ________ days of written notice of the dispute.

9.2 Where such dispute is not resolved amicably, the same shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Mediation Act 2023. The seat of arbitration shall be ________ and the arbitration shall be conducted by a sole arbitrator appointed by agreement of the Parties.

10. GOVERNING LAW

This Release shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and subject to clause 9, the Parties hereby submit to the exclusive jurisdiction of the courts of ________ in respect of any dispute arising out of or in connection with this Release.

IN WITNESS WHEREOF, the Parties have executed this Release on the day and year first above written.

SIGNED, SEALED AND DELIVERED by the Publisher

_______________________
________

in the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ________

SIGNED, SEALED AND DELIVERED by the Model

____________________
________

in the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ________