Writing the Model Release Agreement with Witness document
Company Name MODEL RELEASE
Job Number: Contract Reference Number. For valuable consideration received, I ("undersigned") hereby grant to Company Name ("Photographer") the absolute and irrevocable right and unrestricted permission to use, re-use, display, distribute, transmit, publish, re-publish, copy, or otherwise exploit, either in whole or in part, digitally, in print, or in any other medium now or hereafter known, for any purpose whatsoever and without restriction, photographs taken of me, or in which I may be included; to alter the same without restriction; and to copyright the same. I understand and agree that Photographer may or may not use my name in conjunction with the photographs as he or she so chooses.
I hereby release and discharge Photographer and his or her agents, representatives, and assignees from any and all claims and demands arising out of or in connection with the use of the photographs, including without limitation any and all claims for invasion of privacy, right of publicity, and defamation. I represent that I am over the age of eighteen (18) years and that I have read the foregoing and fully understand its contents. This release shall be binding upon me, my heirs, legal representatives, and assigns.
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.
This Agreement shall be governed by and construed in accordance with the laws of the State of State. Exclusive jurisdiction and venue shall be in the County County, State Superior Court.
This Agreement shall be binding upon and inure to the benefit of Photographer and his or her respective successors and assigns, provided that Photographer may not assign any of his or her obligations under this Agreement without the undersigned's prior written consent. Job title of signator, authorized signature or signer. Date when the contact was signed. TIP: Some stock photo agencies require model releases to have a witness signature.
The witness signature cannot be the photographer. Also some stock photo agencies require model releases if there are "contextual" identifiers in the photo (i.e. tattoos or other recognizable features) even if the model's face is obscured.