I ____________________________ (as referred to in this document as “THE MODEL”) For myself and my personal representatives, heirs and next of kin, do you hear by release MAL entertainment & AEI ENTERPRISE; all of the venues where I participate, and all of their offices, directors employees assigned representatives and those acting with authority to permission as follows: 1. THE MODEL agrees that MAL ENTERTAINMENT / AEI ENTERPRISE owns all images taken by an MAL Entertainment, photographer, or member of management/staff/representative. THE MODEL understands that the photos will only be used in online, print, and public promotional items.
2. THE MODEL agrees that he/she does not want their images used (at any given time) they can submit a formal written request and images will be taken out of circulation.
3. THE MODEL agrees that no monetary gain or compensation is owed to them.
4. THE MODEL agrees that all images must be sourced at all times. THE MODEL understands that he/she may post images on sites including, but not limited to; The company website, Facebook, Twitter, Instagram, social forums, and/or through use in emails, text message programs.
5. THE MODEL agrees that all information and documents given to him/her are the exclusive property of MAL ENTERTAINMENT / AEI ENTERPRISE and are confidential information. They may not be sold, shared or copied.
6. THE MODEL acknowledges that MAL ENTERTAINMENT / AEI ENTERPRISE will not be held responsible for the final destination of the images if permission is given to share them for promotional purposes.
7. THE MODEL agrees that by signing this contract he/she releases MAL ENTERTAINMENT / AEI ENTERPRISE of any and all liability. THE MODEL assumes all risk and has no legal recourse against MAL ENTERTAINMENT / AEI ENTERPRISE or individual, employee, photographer or subsidiary club. This includes, but is not limited to; personal injury, loss of income, damage to personal items, emotional distress, illness, loss of property, paralysis or death, as well as negligence of MAL ENTERTAINMENT / AEI ENTERPRISE or individual and subsidiary club.
8. THE MODEL agrees that he/she is at least eighteen (18) years of age and able to provide proper identification. THE MODEL understands it includes nudity and that he/she will be photographed wearing little and/or no clothing. THE MODEL understands they are signing this Contract in full competency, without being coerced, influenced and of his/her own free will.
9. THE MODEL agrees that the level of nudity he/she shows during a Photography Session or by management is at his/her own discretion. THE MODEL agrees that he/she will not do anything he/she is uncomfortable with and will speak up at the time if uncomfortable with a certain level of nudity or a pose.
10. MAL ENTERTAINMENT / AEI ENTERPRISE or individual employee and subsidiary club is a professional and shoots in a professional manner. THE MODEL agrees that he/she will not frivolously hold MAL ENTERTAINMENT / AEI ENTERPRISE or individual employee and subsidiary club responsible or liable for sexual inappropriateness. THEREFORE, the parties state, by their own free will, that they have read and accepted all of the Terms and Conditions stipulated in this Contract.
Limitation of Liability:
MAL ENTERTAINMENT / AEI ENTERPRISE or individual employee and subsidiary club DOES NOT MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE MODEL, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, OR PRODUCTS. IN NO EVENT SHALL THE PHOTOGRAPHER BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES INCLUDING, BUT NOT LIMITED TO, LOST MONIES.
THE MODEL further relieves MAL ENTERTAINMENT / AEI ENTERPRISE or individual and subsidiary club from: Any action, claim, command, obligation, cause of action, damages, costs, loss of service, expenses and compensation of any kind or nature whatsoever brought by any Third Party against THE MODEL arising out of any actions of THE MODEL and/or other Third Parties during the Contract with MAL ENTERTAINMENT / AEI ENTERPRISE or individual and subsidiary club;
Any and all claims, demands or actions which may hereinafter or at any time be made or brought against MAL ENTERTAINMENT / AEI ENTERPRISE or individual and subsidiary club by any person or entity who has made, or agreed to make payments on THE MODEL'S behalf for any medical expenses or any other obligations incurred by THE MODEL as a result of property damage, bodily and personal injuries, illness, paralysis and or death to THE MODEL or any members of THE MODEL'S family arising out of MAL ENTERTAINMENT / AEI ENTERPRISE or individual and subsidiary club activities.
This Agreement constitutes the entire agreement between THE MODEL and MAL ENTERTAINMENT / AEI ENTERPRISE or individual and subsidiary club respect to the provision of the Services, and takes precedence over all prior oral and written Agreements and discussions with respect to the subject matter, and, except as specifically set forth herein, there are no other Agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter. Neither party can modify or amend this Agreement unless such modification and amendment is in writing and is signed and agreed upon by both parties.
No provision of this Agreement is intended or shall be construed to provide or create any third party beneficiary right or any other similar right of any kind to any person or entity which is not a contracting party to this Agreement.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
IN NO EVENT WILL MAL ENTERTAINMENT / AEI ENTERPRISE or individual and subsidiary club, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE FROM KNOWLEDGE LEARNED OR EMPLOYMENT, LOST PROFITS OR LOST SAVINGS, EVEN IF THE EMPLOYER OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL THE EMPLOYER AND COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: DATA CORRUPTION, TRANSMISSION ERRORS OR PROBLEMS OF LEARNED KNOWLEDGE, PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY THE EMPLOYEE. I, THE UNDERSIGNED MODEL, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBILITIES, AND RELEASES THERIN. THIS CONTRACT IS ADMINISTERED UNDER THE LAWS OF NORTH CAROLINA AND SOUTH CAROLINA, STATES IN THE COUNTRY OF THE UNITED STATES OF AMERICA.
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