Model Release Agreement | Pixilens Photography

STANDARD PHOTOGRAPHY, VIDEOGRAPHY, AND DIGITAL MEDIA MODEL RELEASE AGREEMENT

This Standard Model Release Agreement ("Agreement") is entered into by and between Pixilens LLC, a Texas limited liability company with its principal place of business located in Austin, Travis County, Texas (hereinafter referred to as "Photographer" or "Pixilens"), and the undersigned individual (hereinafter referred to as "Releaser" or "You"), collectively referred to as the "Parties."

The Releaser may be signing this Agreement in one or more of the following capacities: as the Client who engaged Photographer for services, as a Model or Subject who is depicted in the Work Product, or as both. The terms of this Agreement apply equally regardless of the capacity in which the Releaser signs.

WHEREAS, Photographer has been engaged to provide photography, videography, live streaming, photobooth, and related digital media services (hereinafter collectively referred to as the "Services"); and

WHEREAS, Photographer will create, produce, and deliver photographs, videos, audio recordings, digital files, and other media content (hereinafter collectively referred to as the "Work Product") during the provision of the Services, which may include the Releaser's image, likeness, voice, and appearance;

NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration (including but not limited to the Services rendered, prints or digital files provided, monetary compensation, or the opportunity to participate in the session on a trade-for-portfolio basis), the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. MODEL RELEASE AND GRANT OF RIGHTS

1.1 Releaser hereby irrevocably grants to Photographer and Photographer's assigns, licensees, successors, and legal representatives the absolute and unconditional right and permission to use, reproduce, publish, distribute, display, transmit, broadcast, and create derivative works from the Releaser's image, likeness, appearance, voice, name, and biographical information (collectively, the "Likeness") as captured in the Work Product, in whole or in part, in any medium now known or hereafter devised, throughout the world, in perpetuity.

1.2 This grant of rights includes, without limitation, the right to use the Releaser's Likeness for:
    (a) Inclusion in Photographer's professional portfolio, website, and social media accounts;
    (b) Use in advertising, marketing, promotional, and editorial materials;
    (c) Use in printed materials, including but not limited to brochures, business cards, flyers, and exhibition catalogs;
    (d) Use in presentations, pitch decks, and submissions for awards and competitions;
    (e) Exhibition in galleries, exhibitions, art fairs, and public displays;
    (f) Use in educational and training materials;
    (g) Licensing to third parties for editorial, educational, or commercial use;
    (h) Any other lawful purpose as determined by Photographer in Photographer's sole discretion.

1.3 Releaser understands and agrees that the Work Product may be displayed publicly, including on the internet, social media, print media, and in physical exhibitions, and that Releaser may be identifiable in such public displays.

1.4 Releaser waives any right to inspect or approve the finished Work Product, any advertising copy, or any other matter that may be used in connection with the Work Product or the Likeness. Releaser waives any right to approve the manner in which the Work Product is edited, altered, or used.

1.5 Photographer may license the Work Product to third parties for editorial, educational, or commercial use, provided that such third-party use does not directly compete with the Releaser's business (if applicable) or falsely imply the Releaser's endorsement of any third-party product or service without the Releaser's separate written consent.

2. CONSIDERATION AND COMPENSATION

2.1 Releaser acknowledges that sufficient consideration has been provided for this release, which may include one or more of the following: monetary payment, photography or videography services rendered, prints or digital files delivered, portfolio images provided on a trade-for-portfolio (TFP/TFCD) basis, or other valuable consideration as agreed upon between the Parties.

2.2 If the Releaser is signing in the capacity of a Model or Subject who is not the Client, Releaser acknowledges and agrees that no additional monetary compensation is owed beyond what has been separately agreed upon (if any) for participation in the session.

2.3 Releaser acknowledges that this release is not contingent upon any future payment and that the consideration acknowledged above is the full and complete compensation for this release.

3. COPYRIGHT OWNERSHIP AND WORK FOR HIRE

3.1 All Work Product created by Photographer during the engagement, including but not limited to photographs, videos, audio recordings, edited files, raw files, negatives, digital files, prints, and any reproductions thereof, shall constitute "works made for hire" as defined under Section 101 of Title 17 of the United States Copyright Act (17 U.S.C. § 101 et seq.) to the maximum extent permitted by law.

3.2 To the extent any Work Product does not qualify as a work made for hire under applicable law, Releaser hereby irrevocably assigns to Photographer, and Photographer hereby accepts, all right, title, and interest in and to the Work Product, including all intellectual property rights therein, throughout the world, in perpetuity.

3.3 Photographer shall be the sole and exclusive owner of all copyrights, moral rights, and other intellectual property rights in and to the Work Product, including the right to reproduce, distribute, display, perform, transmit, create derivative works from, and otherwise exploit the Work Product in any and all media now known or hereafter devised, without restriction.

3.4 Releaser acknowledges and agrees that Photographer retains full copyright ownership of the Work Product and that this Agreement does not transfer any copyright ownership to Releaser, except as expressly stated herein.

4. LICENSE TO USE WORK PRODUCT

4.1 Photographer grants to Releaser a non-exclusive, non-transferable, revocable license to use, reproduce, display, and distribute the Work Product solely for Releaser's personal, non-commercial use, subject to the terms and conditions of this Agreement.

4.2 Releaser is expressly prohibited from:
    (a) Selling, licensing, sublicensing, distributing, or otherwise commercially exploiting the Work Product without the prior written consent of Photographer;
    (b) Altering, modifying, editing, cropping, or creating derivative works from the Work Product without the prior written consent of Photographer;
    (c) Removing, obscuring, or modifying any copyright notices, watermarks, or metadata embedded in the Work Product;
    (d) Using the Work Product in any manner that is defamatory, obscene, unlawful, or that infringes upon the rights of any third party.

4.3 If Releaser wishes to use the Work Product for commercial purposes, including but not limited to advertising, marketing, product packaging, website content, social media marketing, or resale, Releaser must obtain a separate written commercial use license from Photographer, subject to additional fees and terms to be negotiated in good faith.

5. MORAL RIGHTS WAIVER

5.1 To the fullest extent permitted by applicable law, including Section 106A of Title 17 of the United States Copyright Act (the Visual Artists Rights Act or "VARA"), Releaser waives and agrees never to assert any moral rights, including rights of attribution and integrity, in and to the Work Product.

5.2 Releaser consents to any alteration, modification, cropping, or reformatting of the Work Product by Photographer or by any third party authorized by Photographer.

5.3 In jurisdictions where moral rights cannot be waived, Releaser agrees to the maximum extent permitted by law to refrain from asserting any moral rights in and to the Work Product.

6. REPRESENTATIONS AND WARRANTIES

6.1 Releaser represents and warrants that Releaser is at least eighteen (18) years of age and has the full legal capacity to enter into this Agreement.

6.2 If the Releaser is under eighteen (18) years of age, a parent or legal guardian must sign this Agreement on the minor's behalf, and by signing, the parent or legal guardian represents and warrants that they have the full legal authority to bind the minor to the terms of this Agreement. The parent or legal guardian's information must be provided in the form below.

6.3 If the Releaser is a Client engaging Photographer for services involving other individuals (e.g., event photography, group sessions), the Releaser represents and warrants that all individuals depicted in the Work Product have consented to the creation and use of the Work Product as described in this Agreement, or that Releaser is solely responsible for obtaining any necessary consents from such individuals.

6.4 Releaser acknowledges that Photographer may use artificial intelligence, machine learning, generative AI, and other advanced digital processing technologies to create, enhance, edit, or modify the Work Product, including but not limited to AI-generated composites, style transfers, background replacements, and automated retouching. Releaser consents to such use of technology in the creation and processing of the Work Product.

6.5 If the Services include live streaming or real-time transmission of video or audio, Releaser consents to the live broadcast and recording thereof, and to the subsequent use, distribution, and reproduction of such recordings by Photographer in accordance with the terms of this Agreement.

7. DELIVERY AND DIGITAL FILES

7.1 Photographer shall deliver the Work Product to Releaser (or to the Client, if different) in the format(s) specified during the engagement (digital download, online gallery, USB drive, print, or other medium).

7.2 Releaser acknowledges that digital files delivered by Photographer may be provided in various resolutions and formats. Photographer shall have no obligation to deliver raw or unedited files unless specifically agreed upon in a separate written agreement.

7.3 Releaser agrees to make backup copies of all digital files received from Photographer, as Photographer shall not be liable for loss or damage to digital files after delivery.

8. PAYMENT AND TERMS

8.1 If applicable, Releaser agrees to pay Photographer the fees for the Services as outlined in the separate agreement, quote, or invoice provided by Photographer.

8.2 All fees are due in full prior to or at the time of the Services, unless otherwise agreed upon in writing. Outstanding balances must be paid before final delivery of the Work Product.

8.3 Photographer retains the right to withhold delivery of the Work Product until all fees have been paid in full.

9. LIABILITY AND INDEMNIFICATION

9.1 THE WORK PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTOGRAPHER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

9.2 Releaser agrees to indemnify, defend, and hold harmless Photographer, its officers, directors, employees, agents, affiliates, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
    (a) Any breach of Releaser's representations, warranties, or obligations under this Agreement;
    (b) Any unauthorized use by Releaser of the Work Product;
    (c) Any claim by a third party arising from Releaser's use of the Work Product;
    (d) Any defamatory, obscene, or unlawful use of the Work Product by Releaser.

9.3 Photographer's total liability under this Agreement shall not exceed the total fees paid by Releaser for the Services giving rise to the claim.

9.4 IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF PHOTOGRAPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. SCOPE AND LIMITATIONS OF RELEASE

10.1 This Release Agreement applies to all Work Product created during the engagement, regardless of whether the Work Product is delivered to the Releaser or retained by Photographer.

10.2 If the Work Product contains images, likenesses, or contributions of third parties (including other photographers, assistants, or venue-provided content), Photographer makes no warranty regarding the rights of such third parties and shall have no liability for their unauthorized use.

10.3 Releaser acknowledges that photography and videography involve artistic judgment and creative discretion on the part of Photographer. Photographer shall not be required to deliver any specific number of images or specific compositions, and the final selection, editing, and processing of the Work Product shall be at Photographer's sole discretion.

11. CONFIDENTIALITY

11.1 Photographer agrees to keep confidential all personal information, event details, and other information provided by Releaser in connection with the Services, and shall not disclose such information to any third party except as required by law or as necessary for the performance of the Services.

11.2 This confidentiality obligation shall survive the termination of this Agreement.

12. ARTIFICIAL INTELLIGENCE AND FACIAL LIKENESS PROTECTION

12.1 Photographer shall not use, license, or permit the use of any Work Product containing the Releaser's or any Subject's facial likeness, biometric data, or other personally identifiable physical features for the purpose of training, fine-tuning, or developing artificial intelligence models, machine learning systems, facial recognition systems, or generative AI tools designed to replicate, reconstruct, simulate, or generate a digital likeness, avatar, deepfake, or synthetic representation of the Releaser or any Subject.

12.2 The Work Product shall not be used by Photographer or any authorized licensee to create AI-generated portraits, face swaps, digital twins, or any synthetic media that reproduces or imitates the facial identity or physical appearance of the Releaser or any Subject.

12.3 Notwithstanding the foregoing, Photographer may use artificial intelligence tools for legitimate post-production purposes as described in Section 6.4 of this Agreement, including but not limited to background replacement, color correction, noise reduction, upscaling, style transfers, and general image enhancement, provided that such use does not involve the regeneration or synthesis of the Releaser's or any Subject's facial likeness or identity.

12.4 THIRD-PARTY MISUSE DISCLAIMER: Releaser acknowledges and agrees that once Work Product is published, displayed, or distributed publicly (whether by Photographer, Releaser, or any authorized party), Photographer has no control over and assumes no responsibility or liability for any unauthorized use of such publicly available Work Product by third parties, including but not limited to the use of published images by bad actors to create AI-generated content, deepfakes, synthetic media, or any other unauthorized reproductions. Photographer shall not be held liable for any damages, claims, or losses arising from such third-party misuse of publicly available Work Product.

12.5 Releaser understands that no technology or contractual provision can fully prevent the misuse of publicly available images by unauthorized third parties, and that this Section 12 represents Photographer's good-faith commitment to responsible use of AI technology within Photographer's own operations and authorized licensing activities.

13. GOVERNING LAW AND JURISDICTION

13.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to Texas's conflict of laws principles, and in accordance with the intellectual property laws of the United States, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.), and the Visual Artists Rights Act (17 U.S.C. § 106A).

13.2 Any disputes arising out of or related to this Agreement shall be submitted to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and the Parties irrevocably consent to the personal jurisdiction and venue of such courts.

13.3 Releaser consents to service of process via email at the email address provided in this Agreement or any other method permitted under Texas law.

14. MISCELLANEOUS

14.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements, understandings, or representations.

14.2 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures are binding and valid.

14.3 If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such finding shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect.

14.4 Photographer may assign or transfer its rights and obligations under this Agreement to any successor entity. Releaser may not assign or transfer this Agreement without the prior written consent of Photographer.

14.5 No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving Party.

14.6 The headings and titles in this Agreement are for convenience only and have no legal effect.

14.7 Severability: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein.

14.8 The effective date of this Agreement is the date of the last signature below.

THREE-DAY RIGHT OF RESCISSION (TEXAS BUSINESS AND COMMERCE CODE § 61.003): For contracts entered into at a location other than the Seller's place of permanent business, Releaser may cancel this Agreement within three (3) calendar days after the date of the Agreement by providing written notice to Photographer. After the three-day rescission period, Releaser's consent to the release terms becomes irrevocable.

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ACKNOWLEDGMENT AND CONSENT

By typing my full name in the signature field below and selecting "I Agree," I, the undersigned Releaser, acknowledge that I have read this Standard Model Release Agreement in its entirety, understand its terms, and voluntarily agree to be bound by all provisions contained herein. I consent to the capture, use, distribution, licensing, and publication of the Work Product and my Likeness as described above. I understand this Agreement is governed by Texas law and that any disputes shall be resolved in Travis County, Texas.

Releaser Signature: ______________________________
Releaser Full Name (typed): ______________________________
Date: __________________________________

Sign & Submit

STANDARD PHOTOGRAPHY, VIDEOGRAPHY, AND DIGITAL MEDIA MODEL RELEASE AGREEMENT This Standard Model Release Agreement ("Agreement") is entered into by and between Pixilens LLC, a Texas limited liability company with its principal place of business located in Austin, Travis County, Texas (hereinafter referred to as "Photographer" or "Pixilens"), and the undersigned individual (hereinafter referred to as "Releaser" or "You"), collectively referred to as the "Parties." The Releaser may be signing this Agreement in one or more of the following capacities: as the Client who engaged Photographer for services, as a Model or Subject who is depicted in the Work Product, or as both. The terms of this Agreement apply equally regardless of the capacity in which the Releaser signs. WHEREAS, Photographer has been engaged to provide photography, videography, live streaming, photobooth, and related digital media services (hereinafter collectively referred to as the "Services"); and WHEREAS, Photographer will create, produce, and deliver photographs, videos, audio recordings, digital files, and other media content (hereinafter collectively referred to as the "Work Product") during the provision of the Services, which may include the Releaser's image, likeness, voice, and appearance; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration (including but not limited to the Services rendered, prints or digital files provided, monetary compensation, or the opportunity to participate in the session on a trade-for-portfolio basis), the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. MODEL RELEASE AND GRANT OF RIGHTS 1.1 Releaser hereby irrevocably grants to Photographer and Photographer's assigns, licensees, successors, and legal representatives the absolute and unconditional right and permission to use, reproduce, publish, distribute, display, transmit, broadcast, and create derivative works from the Releaser's image, likeness, appearance, voice, name, and biographical information (collectively, the "Likeness") as captured in the Work Product, in whole or in part, in any medium now known or hereafter devised, throughout the world, in perpetuity. 1.2 This grant of rights includes, without limitation, the right to use the Releaser's Likeness for: (a) Inclusion in Photographer's professional portfolio, website, and social media accounts; (b) Use in advertising, marketing, promotional, and editorial materials; (c) Use in printed materials, including but not limited to brochures, business cards, flyers, and exhibition catalogs; (d) Use in presentations, pitch decks, and submissions for awards and competitions; (e) Exhibition in galleries, exhibitions, art fairs, and public displays; (f) Use in educational and training materials; (g) Licensing to third parties for editorial, educational, or commercial use; (h) Any other lawful purpose as determined by Photographer in Photographer's sole discretion. 1.3 Releaser understands and agrees that the Work Product may be displayed publicly, including on the internet, social media, print media, and in physical exhibitions, and that Releaser may be identifiable in such public displays. 1.4 Releaser waives any right to inspect or approve the finished Work Product, any advertising copy, or any other matter that may be used in connection with the Work Product or the Likeness. Releaser waives any right to approve the manner in which the Work Product is edited, altered, or used. 1.5 Photographer may license the Work Product to third parties for editorial, educational, or commercial use, provided that such third-party use does not directly compete with the Releaser's business (if applicable) or falsely imply the Releaser's endorsement of any third-party product or service without the Releaser's separate written consent. 2. CONSIDERATION AND COMPENSATION 2.1 Releaser acknowledges that sufficient consideration has been provided for this release, which may include one or more of the following: monetary payment, photography or videography services rendered, prints or digital files delivered, portfolio images provided on a trade-for-portfolio (TFP/TFCD) basis, or other valuable consideration as agreed upon between the Parties. 2.2 If the Releaser is signing in the capacity of a Model or Subject who is not the Client, Releaser acknowledges and agrees that no additional monetary compensation is owed beyond what has been separately agreed upon (if any) for participation in the session. 2.3 Releaser acknowledges that this release is not contingent upon any future payment and that the consideration acknowledged above is the full and complete compensation for this release. 3. COPYRIGHT OWNERSHIP AND WORK FOR HIRE 3.1 All Work Product created by Photographer during the engagement, including but not limited to photographs, videos, audio recordings, edited files, raw files, negatives, digital files, prints, and any reproductions thereof, shall constitute "works made for hire" as defined under Section 101 of Title 17 of the United States Copyright Act (17 U.S.C. § 101 et seq.) to the maximum extent permitted by law. 3.2 To the extent any Work Product does not qualify as a work made for hire under applicable law, Releaser hereby irrevocably assigns to Photographer, and Photographer hereby accepts, all right, title, and interest in and to the Work Product, including all intellectual property rights therein, throughout the world, in perpetuity. 3.3 Photographer shall be the sole and exclusive owner of all copyrights, moral rights, and other intellectual property rights in and to the Work Product, including the right to reproduce, distribute, display, perform, transmit, create derivative works from, and otherwise exploit the Work Product in any and all media now known or hereafter devised, without restriction. 3.4 Releaser acknowledges and agrees that Photographer retains full copyright ownership of the Work Product and that this Agreement does not transfer any copyright ownership to Releaser, except as expressly stated herein. 4. LICENSE TO USE WORK PRODUCT 4.1 Photographer grants to Releaser a non-exclusive, non-transferable, revocable license to use, reproduce, display, and distribute the Work Product solely for Releaser's personal, non-commercial use, subject to the terms and conditions of this Agreement. 4.2 Releaser is expressly prohibited from: (a) Selling, licensing, sublicensing, distributing, or otherwise commercially exploiting the Work Product without the prior written consent of Photographer; (b) Altering, modifying, editing, cropping, or creating derivative works from the Work Product without the prior written consent of Photographer; (c) Removing, obscuring, or modifying any copyright notices, watermarks, or metadata embedded in the Work Product; (d) Using the Work Product in any manner that is defamatory, obscene, unlawful, or that infringes upon the rights of any third party. 4.3 If Releaser wishes to use the Work Product for commercial purposes, including but not limited to advertising, marketing, product packaging, website content, social media marketing, or resale, Releaser must obtain a separate written commercial use license from Photographer, subject to additional fees and terms to be negotiated in good faith. 5. MORAL RIGHTS WAIVER 5.1 To the fullest extent permitted by applicable law, including Section 106A of Title 17 of the United States Copyright Act (the Visual Artists Rights Act or "VARA"), Releaser waives and agrees never to assert any moral rights, including rights of attribution and integrity, in and to the Work Product. 5.2 Releaser consents to any alteration, modification, cropping, or reformatting of the Work Product by Photographer or by any third party authorized by Photographer. 5.3 In jurisdictions where moral rights cannot be waived, Releaser agrees to the maximum extent permitted by law to refrain from asserting any moral rights in and to the Work Product. 6. REPRESENTATIONS AND WARRANTIES 6.1 Releaser represents and warrants that Releaser is at least eighteen (18) years of age and has the full legal capacity to enter into this Agreement. 6.2 If the Releaser is under eighteen (18) years of age, a parent or legal guardian must sign this Agreement on the minor's behalf, and by signing, the parent or legal guardian represents and warrants that they have the full legal authority to bind the minor to the terms of this Agreement. The parent or legal guardian's information must be provided in the form below. 6.3 If the Releaser is a Client engaging Photographer for services involving other individuals (e.g., event photography, group sessions), the Releaser represents and warrants that all individuals depicted in the Work Product have consented to the creation and use of the Work Product as described in this Agreement, or that Releaser is solely responsible for obtaining any necessary consents from such individuals. 6.4 Releaser acknowledges that Photographer may use artificial intelligence, machine learning, generative AI, and other advanced digital processing technologies to create, enhance, edit, or modify the Work Product, including but not limited to AI-generated composites, style transfers, background replacements, and automated retouching. Releaser consents to such use of technology in the creation and processing of the Work Product. 6.5 If the Services include live streaming or real-time transmission of video or audio, Releaser consents to the live broadcast and recording thereof, and to the subsequent use, distribution, and reproduction of such recordings by Photographer in accordance with the terms of this Agreement. 7. DELIVERY AND DIGITAL FILES 7.1 Photographer shall deliver the Work Product to Releaser (or to the Client, if different) in the format(s) specified during the engagement (digital download, online gallery, USB drive, print, or other medium). 7.2 Releaser acknowledges that digital files delivered by Photographer may be provided in various resolutions and formats. Photographer shall have no obligation to deliver raw or unedited files unless specifically agreed upon in a separate written agreement. 7.3 Releaser agrees to make backup copies of all digital files received from Photographer, as Photographer shall not be liable for loss or damage to digital files after delivery. 8. PAYMENT AND TERMS 8.1 If applicable, Releaser agrees to pay Photographer the fees for the Services as outlined in the separate agreement, quote, or invoice provided by Photographer. 8.2 All fees are due in full prior to or at the time of the Services, unless otherwise agreed upon in writing. Outstanding balances must be paid before final delivery of the Work Product. 8.3 Photographer retains the right to withhold delivery of the Work Product until all fees have been paid in full. 9. LIABILITY AND INDEMNIFICATION 9.1 THE WORK PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTOGRAPHER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. 9.2 Releaser agrees to indemnify, defend, and hold harmless Photographer, its officers, directors, employees, agents, affiliates, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) Any breach of Releaser's representations, warranties, or obligations under this Agreement; (b) Any unauthorized use by Releaser of the Work Product; (c) Any claim by a third party arising from Releaser's use of the Work Product; (d) Any defamatory, obscene, or unlawful use of the Work Product by Releaser. 9.3 Photographer's total liability under this Agreement shall not exceed the total fees paid by Releaser for the Services giving rise to the claim. 9.4 IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF PHOTOGRAPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. SCOPE AND LIMITATIONS OF RELEASE 10.1 This Release Agreement applies to all Work Product created during the engagement, regardless of whether the Work Product is delivered to the Releaser or retained by Photographer. 10.2 If the Work Product contains images, likenesses, or contributions of third parties (including other photographers, assistants, or venue-provided content), Photographer makes no warranty regarding the rights of such third parties and shall have no liability for their unauthorized use. 10.3 Releaser acknowledges that photography and videography involve artistic judgment and creative discretion on the part of Photographer. Photographer shall not be required to deliver any specific number of images or specific compositions, and the final selection, editing, and processing of the Work Product shall be at Photographer's sole discretion. 11. CONFIDENTIALITY 11.1 Photographer agrees to keep confidential all personal information, event details, and other information provided by Releaser in connection with the Services, and shall not disclose such information to any third party except as required by law or as necessary for the performance of the Services. 11.2 This confidentiality obligation shall survive the termination of this Agreement. 12. ARTIFICIAL INTELLIGENCE AND FACIAL LIKENESS PROTECTION 12.1 Photographer shall not use, license, or permit the use of any Work Product containing the Releaser's or any Subject's facial likeness, biometric data, or other personally identifiable physical features for the purpose of training, fine-tuning, or developing artificial intelligence models, machine learning systems, facial recognition systems, or generative AI tools designed to replicate, reconstruct, simulate, or generate a digital likeness, avatar, deepfake, or synthetic representation of the Releaser or any Subject. 12.2 The Work Product shall not be used by Photographer or any authorized licensee to create AI-generated portraits, face swaps, digital twins, or any synthetic media that reproduces or imitates the facial identity or physical appearance of the Releaser or any Subject. 12.3 Notwithstanding the foregoing, Photographer may use artificial intelligence tools for legitimate post-production purposes as described in Section 6.4 of this Agreement, including but not limited to background replacement, color correction, noise reduction, upscaling, style transfers, and general image enhancement, provided that such use does not involve the regeneration or synthesis of the Releaser's or any Subject's facial likeness or identity. 12.4 THIRD-PARTY MISUSE DISCLAIMER: Releaser acknowledges and agrees that once Work Product is published, displayed, or distributed publicly (whether by Photographer, Releaser, or any authorized party), Photographer has no control over and assumes no responsibility or liability for any unauthorized use of such publicly available Work Product by third parties, including but not limited to the use of published images by bad actors to create AI-generated content, deepfakes, synthetic media, or any other unauthorized reproductions. Photographer shall not be held liable for any damages, claims, or losses arising from such third-party misuse of publicly available Work Product. 12.5 Releaser understands that no technology or contractual provision can fully prevent the misuse of publicly available images by unauthorized third parties, and that this Section 12 represents Photographer's good-faith commitment to responsible use of AI technology within Photographer's own operations and authorized licensing activities. 13. GOVERNING LAW AND JURISDICTION 13.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to Texas's conflict of laws principles, and in accordance with the intellectual property laws of the United States, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.), and the Visual Artists Rights Act (17 U.S.C. § 106A). 13.2 Any disputes arising out of or related to this Agreement shall be submitted to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and the Parties irrevocably consent to the personal jurisdiction and venue of such courts. 13.3 Releaser consents to service of process via email at the email address provided in this Agreement or any other method permitted under Texas law. 14. MISCELLANEOUS 14.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements, understandings, or representations. 14.2 This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures are binding and valid. 14.3 If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such finding shall not affect the remaining provisions of this Agreement, which shall continue in full force and effect. 14.4 Photographer may assign or transfer its rights and obligations under this Agreement to any successor entity. Releaser may not assign or transfer this Agreement without the prior written consent of Photographer. 14.5 No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving Party. 14.6 The headings and titles in this Agreement are for convenience only and have no legal effect. 14.7 Severability: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 14.8 The effective date of this Agreement is the date of the last signature below. THREE-DAY RIGHT OF RESCISSION (TEXAS BUSINESS AND COMMERCE CODE § 61.003): For contracts entered into at a location other than the Seller's place of permanent business, Releaser may cancel this Agreement within three (3) calendar days after the date of the Agreement by providing written notice to Photographer. After the three-day rescission period, Releaser's consent to the release terms becomes irrevocable. --- ACKNOWLEDGMENT AND CONSENT By typing my full name in the signature field below and selecting "I Agree," I, the undersigned Releaser, acknowledge that I have read this Standard Model Release Agreement in its entirety, understand its terms, and voluntarily agree to be bound by all provisions contained herein. I consent to the capture, use, distribution, licensing, and publication of the Work Product and my Likeness as described above. I understand this Agreement is governed by Texas law and that any disputes shall be resolved in Travis County, Texas. Releaser Signature: ______________________________ Releaser Full Name (typed): ______________________________ Date: __________________________________

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