IT/EN

Autor License for digital sale

This letter sets forth the agreement between you and Zigguart di F.M (“Zigguart”) regarding the use of recorded images produced by you (the “Work”).
1. In consideration for the rights granted in paragraph 3 below, and your execution of the Release and Waiver dated __________, 20__ and attached hereto.
Zigguart will pay you 60% of the proceedings (Net income) derived from sublicensing your Work to third parties (Your share from the revenue could be flexible so do not hesitate to negotiate with us about it).
Payment will be made within thirty (30) days of your submission of an invoice. Any terms appearing in your invoice that add to or change the terms of this agreement will not be binding.
2. Zigguart will credit you on published Work according to its crediting policies. Zigguart is not obligated to publish the Work and will not be responsible for the loss or damage of the Work.
3. You retain all rights (including the copyright) in and to the Work (or Works), except for the rights that are specifically granted to Zigguart in this agreement.
You grant to Zigguart the exclusive perpetual worldwide right and license to:
• Display or otherwise publish the Work in the Zigguart website;
• Reproduce, distribute, display, perform, transmit or otherwise publish the Work in any form or media now or later developed (including in any archival forms), whether or not such Work may be individually accessed, perceived or retrieved from such form or media, and to authorize third parties to exercise such rights.
• Grant to third parties through a sublicense at a price agreed with you, the following rights:
1. Use the image for personal or commercial usage printing it in clothing, artwork, magnets, posters, and paper greeting cards (without any limitation of copies).
2. Use the images as a part of commercial or advertisement purposes in magazines and newspapers or as a design elements for a video game or CD-ROM.
3. Use the images online in electronic publications, social media or websites, website template or software product.
4. Use the images as part of marketing, advertising, or promotional materials, including print advertisements, mailers, handouts, and packaging.
5. Use the images for any forms of vehicle livery and signage.
6. Use the images in published editorial features in any media (including newspapers, books and periodicals).
7. Use the images as design elements in video, film, or television broadcasts.
8. Use in merchandise for resale or distribution, without regard to the size of the manufacturing or duplication run of such merchandise (including downloads), including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online and paper greeting cards.
9. Use the images in emails, ebooks and on social media.
Your compensation will be calculated as a percentage of the compensation obtained by Zigguart for the above sublicense, if any, and no other compensation will be due.
4. Zigguart may use the Work for advertising and promotional purposes.
5. You represent and warrant that you did not sign, nor were you a party to any agreement, release, waiver or other document relating to the Work as a condition to producing the Work and that you took care to avoid conflicts of interest or the appearance of a conflict. You must disclose to Zigguart any financial interest you may have in the subject matter of the Work. You will not use the name of Zigguart to advertise or promote yourself without the prior permission of Zigguart.
6. You further represent and warrant that you are entitled to grant to Zigguart the foregoing rights in and to the Work and that the Work is original and unaltered and does not infringe another’s copyright or trademark, violate any person’s right of privacy or contain libelous or otherwise unlawful material. You agree to cooperate fully with Zigguart in responding to and defending against any third-party claims relating to the Work. Your obligations under this paragraph and paragraph 3 will survive any termination of this agreement.
7. You are an independent contractor, and as such you do not receive any benefits as an employee of Zigguart.
8. This letter constitutes the entire agreement between you and Zigguart regarding the Work, and supersedes all prior agreements on this subject matter. No amendment or waiver shall be valid unless in writing and signed by both you and Zigguart.
This agreement has been made in accordance with Italian laws and will be construed and enforced under those laws. Any action to enforce this agreement shall be brought exclusively in the court of Milan, Italy.
If the foregoing terms and conditions are acceptable, please sign and date a copy of this letter and, return them to Zigguart at your earliest convenience.
The email address is [info@zigguart.com]
Sincerely,
Zigguart


Please provide the following information (please PRINT clearly).
Full Name:
Byline (if different):
Work Address:
Work Phone Number:
Cell Phone Number:
Home Phone Number:
Pager:
Email Address:
Home Address:
Other Contact Information
Digital and Can Transmit?
Accepted and Agreed to:
By: _______________________________________
Date and sign : _________________________________

Release and Waiver

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 __________________ (“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 or object 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. This document shall be binding upon me and my heirs, legal representatives, and assigns.
MODEL’S SIGNATURE _______________________________________________
PRINT NAME ______________________________________________
MODEL’S DATE OF BIRTH _______________________________________________
ADDRESS _______________________________________________
ADDRESS _______________________________________________
EMAIL ADDRESS _______________________________________________
TODAY’S DATE ______________________________________
WITNESS SIGNATURE ______________________________________
WITNESS SIGNATURE ______________________________________
ADDRESS ______________________________________
ADDRESS ______________________________________
TODAY’S DATE ______________________________________

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