Is my model release form legal? 1 Answers as of March 18, 2011I have questions regarding a model release form and its legality. I would like to know if this part is legally binding, there is more to the release form, but it will not allow me to add any more than this. And the company is not our website name. In agreeing to become a model for the company, said model will not be permitted to model for any other competing site two years succeeding the date which the company comes online and to the date when this contract is signed. Said model will model five sets, sets meaning photo shoots. If said model chooses to participate in only two consecutive sets, this contract will be consider null and void hence forth. If model chooses to participate in only three sets model will receive half of the said percentage. In addition to said sets the model will participate in two video set. By signing this contract in accordance with the company, said model will receive a percentage of the profits for the first year from when the company comes online. Profits meaning how much the company earn that initial year. After said year the percentage amount in question is null and void and said model will be treated as a regular model and not a start-up model. A start up model is a model who helped start the company go online. A regular model is a model whose gets paid by commission rather then percent. At the end of the year if there is any discrepancy regarding payment, it will be met through arbitration. The company reserves the right to reject any images submitted by any other photographer not affiliated with the company. Basic set which consist of: Lingerie will amount to 2% of profits. Clothing attire will consist of lingerie, corsets, underwear of various types and bras of various types. Model will not be permitted to show any upper or lower nudity, except if she chooses to wear a thing which she is then allowed to show her buttocks and only her buttocks. Moderate set which consist of: Showing upper frontal nudity will amount to 4% of profits
ARC Law Group | Mark Pearson
First, there is nothing inherently wrong with model release agreements. In general, a model release agreement is a personal services agreement that deals primarily with publicity and privacy rights, as well as, copyright in some cases. Without the ability to view the full agreement that you entered into, it would be difficult to comment on your particular concerns. You would be well-advised to seek advice from an attorney that specializes in entertainment law regarding the issues you raised.
Answer Applies to: California