Model Release Form
Please review the form below in full before agreeing to the terms of the scheduled photoshoot.
Limitation of Liability:
MOCHA DESIGN STUDIOS 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 THE PHOTOGRAPHER 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 THE PHOTOGRAPHER;
Any and all claims, demands or actions which may hereinafter or at any time be made or brought against THE PHOTOGRAPHER 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 THE PHOTOGRAPHER'S activities.
This Agreement constitutes the entire agreement between THE MODEL and MOCHA DESIGN STUDIOS 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.
THE MODEL acknowledges that he/she cannot assign or transfer this Agreement or the rights and obligations contained herein to any person or entity without the written consent of MOCHA DESIGN STUDIOS.
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 THE PHOTOGRAPHER, 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 PENNSYLVANIA STATE IN THE COUNTRY OF THE UNITED STATES OF AMERICA.