FB Studios Model/Talent Release
Effective as of the date shown below, approval for past use and permission for present and future use is being granted to Fabian Butts, FB Studios, to use photographs, videos or other images taken of the Photographed Party, as more fully explained in this Consent and Release.
For value received, receipt of which is hereby acknowleged, the Photographed Party hereby grants consent to FB Studios, its agents, employees, licensees, and successors in interest (collectively, the Released Party) and authorizes the use of any and all photographs taken of the Photographed Party, and any reproduction of them in any form in any media whatsoever and in any derivative work based thereon throughout the world, and to use them to publicize, promote and advertise, including but not limited to use for point of sale advertising and non-fungible tokens (NFTs).
The Photographed Party also consents to the use of their own name or any ficticious name which may be chosen in connection with the aforesaid photographs. The Photographed Party hereby releases any and all claims whatsoever in connection with the use of their photograph and name and the reproduction thereof as aforesaid. The Photographed Party hereby waives any right that they may have to inspect and/or approve the Book or the advertising copy that may be used in connection therewith or the use to which it may be applied.
THE PHOTOGRAPHED PARTY WARRANTS THAT THEY ARE THE UNDERSIGNED AND THAT THEY HAVE READ THIS CONSENT AND RELEASE PRIOR TO THE SIGNING OF THIS DOCUMENT, THAT THE UNDERSIGNED UNDERSTANDS IT, AND THAT THE UNDERSIGNED FREELY ENTERS INTO THIS CONSENT AND RELEASE. BY FILLING OUT THE FORM BELOW AND BY CLICKING "I AGREE", THE UNDERSIGNED AGREES TO THE TERMS AND CONDITIONS CONTAINED IN THE ABOVE DOCUMENT.
Model Release Form Model Release Form
Terms & Conditions
MODEL RELEASE
In consideration of my engagement as a model, and for other good and valuable consideration herein acknowledged as received, I hereby grant the following rights and permissions to Fabian Butts of FB Studios ("Photographer"), his/her heirs, legal representatives, and assigns, those for whom Photographer is acting, and those acting with his/her authority and permission.
They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his/her studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever.
I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I also consent to the use of any published matter in conjunction with such photographs.
I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. I hereby release, discharge, and agree to hold harmless Photographer, his/her heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority or those for whom he/ she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.
I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document.
By checking this box below you agree to the full terms of this agreement.
RATES
Rental rates are set by the most current version of the Rental Rate Sheet in effect at the time of signing.
PAYMENTS & DEPOSITS
In order to confirm and hold a reservation, all rental fees, plus any refundable leaning/damage deposits must be paid in full at the time of booking. In
the case of additional equipment rental added on the shoot day, the rental fee plus damage deposit must be paid by credit card or cash deposit at the
time of rental.
Cancellations of confirmed bookings will result in the following charges:
CANCELLATIONS
DATES TERMS
48 hours or more prior to
rental date
All payments refunded less 5%
processing fee.
24 to 48 hours prior to rental
date Fifty percent (50%) of total rental fee
Less than 24 hours No refunds
All refunds will be made by company check once Photographers /group payments and deposits have cleared the Company’s account. If the Company must cancel Photographer’s reservation, Photographer/group will be given, in Company’s sole discretion, either rescheduling priority or a full refund. Company is not liable for acts out of its control that affect the shoot, such as building equipment failures, power outages, weather, acts of God or emergencies. In
such cases, Company will refund a prorated portion of Photographer’s payment.
If cancellation is made more than 24 hours prior to the booking time and date, cancellation and processing fees may be waived by Company, at Company’s discretion, if the session is rebooked within five working days and the Company studio calendar can accommodate the new shoot date and time.
LENGTH OF USE
Rental periods are pre-arranged at the time of booking. Photographer’s rental time begins promptly at the designated starting time and ends promptly at the designated ending time. Time includes set up and break-down. Studio must be cleaned and vacated by the end of the rental period. No prior drop-off and/or pick-up after completion of shoot, of equipment, props, etc. unless negotiated at time of rental contract. Additional fees may apply. Early or extended hours must be worked out and paid for in advance before rental period begins.
ELECTRICAL USAGE
Studio rental fee is based on the use of strobe lighting. If hot lights are used there will be an additional power usage fee charged according to the current rate sheet.
Photographer/group agrees to leave the Premises and all contents and fixtures in the same condition as they were when Photographer arrived. Company will dispose of trash collected in the supplied trash cans. Photographer must discard larger items, such as personal props and set pieces, in the Picture This disposal bin behind the studio. Disposal of large amounts of garbage due to large sets may also accrue additional costs. All items brought to the Premises by Photographer are to be removed by Photographer. Items left after 7 days will be assumed abandoned and may be discarded or kept by the Company for Company use, with no compensation due the Photographer, at the discretion of the Company. If Photographer does not return Premises to the order and cleanliness found when Photographer arrived, Company will charge at minimum a $100 cleaning fee to be withheld from the cleaning/damage deposit.
CLEANING & TRASH
FB Studios Policies
•30mins late $50 fee. (For late arrivals)
1 hour late forfeit deposit and shoot is cancelled. Rescheduling is based on availability and isn't guaranteed.
• A clean up fee of $100 will be enacted if studio isn't returned to finding condition.
•Parking: there's only 2 assigned parking spaces in gated area. All other cars must park on the street. (Park ing inside of the gated area and unassigned parking spaces will result in your vehicle being towed.
• No smoking whatsoever is allowed in the building.
of any entrance.
• Food and drink must be placed in large garbage cans. Food or drink trash is not to be placed in makeup station or restroom garbage cans.
• No non-prescription or illegal drugs. Is allowed in studio.
•NO OUTSIDE GUNS OR FIREARMS ARE ALLOWED IN STUDIO
• No one is allowed to walk on the white flooring unless shooting.
• No one will be admitted who is drunk or under the influence of illegal
substances.
• No pets allowed without prior consent of a Company representative.
• You and your party acknowledge and consent to the use of security surveillance equipment for our protection and yours.
• Maximum of eight people in Photographer’s party. Ask ahead if you
have a larger group
• FB studios is a covid-19 safe work environment. We implement all of the recommendations from the CDC.
• Studio equipment is not to be touched or used unless rented from FB Studios.
Use of Company’s Premises and equipment is at Photographer’s risk. Photographer hereby agrees that Company will not be held liable for any direct, indirect, incidental or consequential damage, injury or loss to Photographer, his party or possessions while on the Premises. Photographer holds harmless and indemnifies Company and its owners, agents, representatives, associates, officers, employees, guests and tenants against any suit, claim, loss, accident, judgment, fine, injury or damages, including reasonable attorney’s fees. This indemnification shall continue in full force and effect during and after the term of the rental for such causes arising during the term of the rental
WAIVER OF LIABILITY
CONDUCT
This is a shared studio and we maintain a professional environment. Photographer shall be solely responsible for the conduct and welfare of all persons accompanying Photographer while on Company’s Premises. Photographer agrees that a Company representative may, at Company’s sole discretion, be present at all times. If the representative observes or otherwise becomes aware of dangerous, pornographic, illegal or negligent practices or activities, the representative reserves the right to stop the shoot and may require Photographer and Photographer’s party to leave immediately. The authorities will be alerted to any illegal activities witnessed by the Company representative. In such case no refund will be given for unused time. However, Company and its representatives assume no responsibility to act in such cases
AGE OF MODELS
Photographer is solely responsible for verifying that all photographic subjects are of legal age or accompanied by a parent or legal guardian. Company has no responsibility to determine or verify the age of participants in the Photographer’s activities but reserves the right to demand proof of parental consent if models or photographic subjects are under the age of 18 and to end those activities if Company becomes aware that legal age violations are occurring. Company is not liable in the case of an invalid ID or any other form of age verification
INSURANCE
Businesses, Corporations, Production Companies and other legal entities may be required, prior to rental, to present a certificate of general liability insurance naming Picture This Student Photography, LLC as additionally insured on the dates of the rental. If so required, Photographer’s liability insurance shall be deemed primary and non-contributory insurance in the event of any claim or suit. Liability insurance shall be Commercial General Liability with a minimum of $1,000,000 per occurrence & annual aggregate.
Photographer /group shall be solely responsible for any damage to Company’s property or equipment that occurs during the time Photographer or his party occupies the Premises. Damage deposits will be held until repairs can be made. If the damage exceeds the amount of the damage deposit, Photographer agrees to pay reasonable additional repair costs to bring damaged equipment back to working condition. Photographer agrees to pay for damage to the Premises including spills, excessive wear, marks or stains on furniture, fixtures or painted surfaces.
EQUIPMENT
If the parties are unable to resolve any controversy or claim arising under this Agreement, they agree to submit the dispute or claim to binding arbitration subject to the commercial arbitration rules of the American Arbitration Association. This arbitration will take place in Miami County, Ohio. The parties further agree that any such controversy or claim shall be submitted to one arbitrator selected from the panels of arbitrators of the American Arbitration Association. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the
arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $100. Photographer shall comply in all respects with all federal, state, county, city, or other local laws, regulations and ordinances and all rules and regulations of any governmental authority, in connection with this Agreement. This Agreement incorporates the entire understanding and agreement between Company and Photographer. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the State of Texas shall govern this Agreement. The following signatures constitute a legal and binding Agreement between Photographer and Company.
EQUIPMENT
Studio Rental Contract
Photo Release Form
Terms & Conditions