Model Release Agreement

Agreement for rights to use images and video material featuring individuals.

Document type
Agreement
Published
Updated
Version
1.0.0
Jurisdiction
Sweden
Audience
All

This model release agreement is only a draft of what may be included in such an agreement. It is important to adapt the agreement according to specific needs and circumstances. It is recommended to consult a legal professional to ensure the agreement meets your legal requirements.

1. Parties and Scope

1.1 Contracting Parties

This model release agreement (the “Agreement”) is entered into between:

  • The Model: The person depicted in photographic and/or videographic material, whose personal details are provided at the end of this agreement (the “Model”, “I”, “me”, “my”)
  • The Photographer/Producer: NWG Digital AB, company registration number 559386-0066, with address Bleckslagargatan 16, 934 31, Kåge, Sweden (the “Photographer”, “Producer”, “HallinMedia”, “you”, “your”)

1.2 Purpose of the Agreement

This Agreement governs the terms for use, publication, distribution and licensing of photographs, video material and other visual content (the “Material”) featuring the Model. The Agreement aims to:

  • Confirm the Model’s consent to the creation of the Material
  • Grant the Photographer/Producer the right to use, publish and license the Material
  • Establish the scope of permitted use of the Material
  • Clarify any restrictions on how the Material may be used
  • Specify any compensation to the Model

2. Definitions

In this Agreement the following definitions are used:

  • Material: All photographs, video recordings, audio recordings, digital images and other content featuring the Model, created during the photography/recording specified in this Agreement.

  • Licensee: Third party who receives rights to use the Material through a separate agreement with the Photographer/Producer.

  • Commercial Use: Use of the Material for marketing, advertising, product packaging or other uses aimed at directly or indirectly promoting the sale of products or services.

  • Editorial Use: Use of the Material in news, educational or informative contexts without a direct commercial purpose.

  • Identifying Features: The Model’s physical attributes, name, voice, biography, signature or other personal identifiers.

3. Photography/Recording Session

3.1 Description of the Session

Photography/recording has taken place or will take place as follows:

  • Date/Duration: [DATE/PERIOD]
  • Location: [LOCATION]
  • Description of the Project: [PROJECT DESCRIPTION]
  • Type of Material: [Portrait photography, fashion photography, promotional video, etc.]

3.2 Agreed Terms for the Session

The Model confirms that:

  • Participation in the photography/recording is voluntary
  • The Model is at least 18 years old or has the consent of a guardian (attached separately)
  • The Model is not under the influence of drugs or alcohol
  • The Model is not bound by competing or conflicting agreements that prevent the fulfillment of this Agreement

4. Grant of Rights

By signing this Agreement, the Model gives their irrevocable consent to the Photographer/Producer and their licensees to:

  • Create, use, reproduce, distribute, publish, transmit and display the Material
  • Edit, modify and alter the Material, including retouching, colour adjustment, cropping and compositing with other material
  • License the Material to third parties in accordance with the terms of this Agreement
  • Use the Model’s Identifying Features in connection with the Material within the limitations set forth in this Agreement

4.2 Basic Permitted Use

Unless otherwise specified in an annex to this Agreement, the granted rights include the following uses:

  • Portfolio and marketing of the Photographer/Producer
  • Editorial use in newspapers, magazines, books and online
  • Non-controversial commercial use in accordance with the Model’s privacy and reputation
  • Use on social media and other digital channels
  • Exhibitions and contests
  • Publication on photo platforms and image agencies

4.3 Specific Limitations

Unless otherwise expressly agreed in an annex to this Agreement, the Material shall not be used for:

  • Pornographic, obscene or illegal content
  • Material that portrays the Model in a derogatory, defamatory or misleading manner
  • Political campaigns without separate written consent
  • Promotion of controversial products or services (e.g. tobacco, weapons, gambling companies)
  • Use that implies the Model personally supports or endorses a specific product, service or opinion
  • Use that implies the Model suffers from or is being treated for a specific medical condition

5. Licensing to Third Parties

5.1 Right to License

The Photographer/Producer has the right to license the Material to third parties within the framework of the uses specified in this Agreement.

5.2 Licensee’s Obligations

The Photographer/Producer undertakes to ensure that the Licensee:

  • Understands and respects the limitations of this Agreement
  • Does not use the Material in ways that infringe the Model’s rights or reputation
  • Does not acquire more rights than those granted in this Agreement
  • Is informed of any time or geographical restrictions

5.3 Extension of License Periods

For new license periods or areas of use that are not covered by the original Agreement, the following shall apply:

  • The Photographer/Producer shall make reasonable efforts to contact the Model for new consent
  • Unless otherwise agreed, the Photographer/Producer has the right to extend existing licenses under the same terms originally agreed upon

6. Compensation

6.1 Fixed Compensation

In compensation for the rights granted under this Agreement, the Model shall receive:

  • [AMOUNT] kr (including VAT)
  • Payment terms: 14 days after receipt of invoice

6.2 Royalty (if applicable)

In addition to any fixed compensation, the Model shall receive:

  • [PERCENTAGE]% of the net proceeds from licensing the Material to third parties
  • Payments shall be made bi-monthly
  • The reporting of license receipts shall occur quarterly

6.3 Non-Monetary Compensation (if applicable)

The Model shall also receive the following non-monetary compensation:

  • Digital copies of selected images in web resolution
  • A selection of high-resolution images for personal use
  • Credit at publication where possible
  • Reference material for personal portfolio

The Model confirms that:

  • The copyright to the Material belongs to the Photographer/Producer
  • This Agreement does not constitute a transfer of copyright from the Photographer/Producer to the Model
  • The Model does not have the right to license or sell the Material

7.2 The Model’s Usage Rights

The Model has the right to use the Material for the following purposes:

  • In personal portfolio and for self-promotion
  • On personal social media referring to the Photographer/Producer
  • For non-commercial purposes

The Model shall not:

  • Use the Material in commercial contexts without written permission
  • Edit or modify the Material without written permission
  • Remove watermarks, copyright notices or any other identifying information

7.3 Credit

When using the Material, the Model shall credit the Photographer/Producer as follows:

  • ”© [Year] HallinMedia / [Photographer’s Name]” - For digital use, the credit shall include a link to hallin.media if possible

8. Personal Data and Privacy

8.1 Processing of Personal Data

The Photographer/Producer confirms that:

  • Personal data will be processed in accordance with the General Data Protection Regulation (GDPR)
  • Necessary technical and organizational measures will be taken to protect the Model’s personal data
  • The Model’s personal data will not be shared with third parties beyond what is necessary to fulfill the purpose of this Agreement
  • Complete information about the processing of personal data can be found in HallinMedia’s Privacy Policy

8.2 The Model’s Rights Under Data Protection Legislation

The Model has the right to:

  • Request access to their personal data
  • Request correction of incorrect personal data
  • Under certain circumstances request deletion or limitation of processing
  • Object to processing carried out on the basis of legitimate interest
  • Lodge a complaint with the supervisory authority (the Swedish Authority for Privacy Protection)

9. Warranties and Guarantees

9.1 The Model’s Warranties

The Model warrants that:

  • The Model has the capacity to enter into this binding Agreement
  • The Model is not bound by any other agreement that prevents the fulfillment of this Agreement
  • All information provided in connection with this Agreement is accurate and truthful
  • The Model is aware that this Agreement grants the Photographer/Producer the right to use and license the Material

9.2 The Photographer’s/Producer’s Warranties

The Photographer/Producer warrants that:

  • The Material will be used in accordance with the terms of this Agreement
  • The Material will not be used in a manner detrimental to the Model
  • The Material will be treated with professional care and skill

10. Term of the Agreement and Termination

10.1 Term of the Agreement

This Agreement enters into force upon signature and is valid:

  • Indefinitely, unless otherwise specified
  • For a limited period of [TIME PERIOD] (if applicable)

10.2 Termination

This Agreement may only be terminated:

  • By mutual written agreement between the parties
  • If one party materially breaches the terms of the Agreement and fails to remedy such breach within 30 days of written notice
  • If the use of the Material becomes illegal or impossible due to law or court ruling

10.3 Effect of Termination

Upon termination:

  • The right to create new Material ceases
  • Material already created may continue to be used under the terms of the Agreement unless otherwise agreed
  • Ongoing licenses to third parties may continue until the license period expires
  • New license agreements may not be entered into without new consent from the Model

11. Dispute Resolution

11.1 Governing Law

This Agreement shall be governed by and construed in accordance with Swedish law.

11.2 Negotiation and Mediation

Any disputes arising out of this Agreement shall first be resolved through good-faith negotiations between the parties. If negotiations do not lead to a result, the parties shall attempt to resolve the dispute through mediation in accordance with the rules of the Stockholm Chamber of Commerce’s Mediation Institute.

11.3 Court

If the dispute cannot be resolved through negotiation or mediation, it shall be adjudicated by a Swedish general court, with Skellefteå District Court as the first instance.

12. Miscellaneous Provisions

12.1 Amendments

Amendments or additions to this Agreement must be made in writing and signed by both parties.

12.2 Entire Agreement

This Agreement constitutes the complete agreement of the parties concerning the subject matter of the Agreement and supersedes all prior oral or written agreements or representations between the parties.

12.3 Severability

If any provision of this Agreement is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions of the Agreement. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that fulfills the purpose of the original provision to the greatest possible extent.

12.4 Assignment

Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party. The Photographer/Producer shall have the right to assign the Agreement in connection with an assignment of all or substantial parts of the business, provided that the new owner accepts the terms of this Agreement.

13. Contact Details and Signatures

13.1 Contact Details

Photographer/Producer:

Model:

  • Name: [FULL NAME]
  • Address: [ADDRESS]
  • E-mail: [E-MAIL]
  • Phone: [PHONE NUMBER]
  • Date of Birth: [DATE OF BIRTH]
  • ID number/Personal identity number: [ID NUMBER]

13.2 Signatures

By signing this Agreement, the parties confirm that they have read, understood and accept all terms of the Agreement.

Photographer/Producer:

Place and date: [PLACE AND DATE]

Signature: [SIGNATURE]

Name clarification: [NAME CLARIFICATION]

Model:

Place and date: [PLACE AND DATE]

Signature: [SIGNATURE]

Name clarification: [NAME CLARIFICATION]

Guardian - if the Model is a minor:

Place and date: [PLACE AND DATE]

Signature: [SIGNATURE]

Name clarification: [NAME CLARIFICATION]

Relation to the Model: [Parent, guardian, etc.]

Annex A: Special Terms and Limitations

Further specific terms for the relevant photography/recording may be specified here, such as:

  • Geographical limitations
  • Time limitations
  • Specific areas of use allowed or prohibited
  • Special agreements regarding royalties for specific areas of use
  • Special requirements for approval prior to publication