Tfp Contract Proforma

TFP Contract and Model Release Form KNOW ALL MEN BY THESE PRESENTS: This Contract is made and executed in Manila by and between : (Name of Model), of legal age, with residence at ____________, herein referred to as "MODEL"; and (Name of Photographer), of legal age, with residence at ____________, herein referred to as "PHOTOGRAPHER"; WITNESSETH THAT: WHEREAS, the MODEL and the PHOTOGRAPHER hereby agree to regulate the ownership and use of images, in all its forms, and derivative works based thereupon (collectively hereinafter referred to as "PHOTOS") taken by PHOTOGRAPHER of MODEL on ______________, for all lawful purposes, subject to the terms and conditions described below: 1. CONSIDERATION.

Pursuant to this non-commercial agreement, the PHOTOGRAPHER, in exchange of the services rendered by the MODEL, agrees to deliver to MODEL, at no cost, a CD of all the digital files of PHOTOS produced during the photo session stated above. The PHOTOGRAPHER shall also provide the MODEL with retouched/processed PHOTOS of her choice in the quantity and format described below: Number of physical prints: ___, dimensions: ___ x ___ cm. Number of digital files: ___, resolution: ____ Mpx, in ____ format. Delivery thereof shall take place in a timely manner and must not be more than ___ days after the date the PHOTOS were taken.

2. INTELLECTUAL

PROPERTY RIGHTS OVER PHOTOS. Both MODEL and PHOTOGRAPHER agree that the exercise of the copyright, moral rights, and all other intellectual property rights over the PHOTOS is subject to the stipulations of both parties as embodied in this Contract.

3. RIGHT

OF PHOTOGRAPHER. The MODEL understands that the PHOTOGRAPHER has the moral right to be identified as the author of the

PHOTOS, and shall communicate this understanding to third-parties that are involved in her modeling business. 4. PRIOR CONSENT TO STORE, CIRCULATE OR PUBLISH. Due to the sensitive

content of the PHOTOS, the PHOTOGRAPHER agrees not to store, circulate, nor publish digital copies of any of the PHOTOS over the internet (via email, file-sharing and file-storage websites, social networking sites and forums, etc.) - whether these virtual locations be privately or publicly accessible without the MODEL's prior written consent. 5. PRIOR CONSENT TO SELL OR CIRCULATE. The PHOTOGRAPHER may not sell

or circulate, nor enable others to sell or circulate, prints and digital copies of the PHOTOS. The PHOTOGRAPHER may not use the PHOTOS to promote or advertise a third-party person or business, nor allow the PHOTOS to be used or incorporated in a commercial product or service. The PHOTOGRAPHER may not sell, trade, lend, give, or otherwise transfer property rights over any or all of the PHOTOS without the MODEL's prior consent. 6. FORM OF CONSENT. Such consent must be expressed in written form and

shall be obtained for each individual photo and in every instance of its use. 7. CREATION AND TRANSFER OF COPIES. The PHOTOGRAPHER shall take

extreme caution in the creation and transfer of digital copies of the PHOTOS from one data storage device to another (i.e. hard drives, memory cards, CDs, etc.) and ensure that access to these devices is secure at all times and is limited to the PHOTOGRAPHER alone. 8. PRINTING

OR EDITING BY THIRD-PARTY. If a third-party is to be commissioned for the printing or editing of the PHOTOS, the PHOTOGRAPHER shall likewise take extreme caution in ensuring no digital trace of the PHOTOS be left with said third-party.

9. LIABILITY OF PHOTOGRAPHER FOR UNAUTHORIZED CIRCULATION. The

PHOTOGRAPHER shall be wholly liable for unauthorized circulation and publication of any PHOTOS, with or without malicious intent, and notwithstanding personal or financial gain made (if any). 10. USE OF PHOTOS BY THE MODEL. The MODEL may use the PHOTOS provided

by the PHOTOGRAPHER (print and digital copy) for the promotion of her modelling career. However, for such purposes, the MODEL agrees that the PHOTOS are to be used "as is" or without distortion, cropping, or changes to the photograph's appearance as supplied by the PHOTOGRAPHER. Any alteration to the PHOTOS must be approved by the PHOTOGRAPHER prior to use. Any watermark and copyright notice that appear as part of the PHOTOS must be left intact.

11. The MODEL hereby affirms that she is fully able to contract in her own name without breach of any prior agreement or applicable law, including, but not limited to, prior agreements with modelling and talent agencies. 12. Both MODEL and PHOTOGRAPHER affirm to have read the Contract and

agree to the contents thereof. 13. ENTIRE CONTRACT. This Contract constitutes and embodies the entire agreement between the parties. No other terms and condition, verbal or otherwise not herein agreed upon, unless such change, extension, addition or alteration is in writing, duly signed by both parties. IN WITNESS WHEREOF, the parties hereto have signed this instrument this ___ day of ______, 2011 at __________, Philippines.

_________________________________ (Name) MODEL

_________________________________ (Name) PHOTOGRAPHER

ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES QUEZON CITY, METRO MANILA

} }S.S.

BEFORE ME, a Notary Public for and in the City of _______, this ___ day of _____ 2011, personally appeared and known to me to be the same persons who executed the foregoing TFP Contract and Release Form and they acknowledged to me that the same is their own free act and voluntary deed, as well as that of the corporations they represent. Their government issued I.D. are as follows: Name

CTC No.

Place

Date

This document consisting of 2 (2) pages including this page on which acknowledgement is written, has been signed by the parties on each and every page thereof. WITNESS WHEREOF, I have set my hand and affixed my notarial seal, on this ___ day of ______ 2011.

Doc. No.: Page No.: Book No.: Series of

______ ______ ______ ______