DAN SMARG PHOTOGRAPHY UNIVERSAL MODEL RELEASE (Adult): For good and Valuable Consideration, whether in the form of Copies of the Images and/or Video Content and/or via Monetary Compensation, the receipt and legal sufficiency of which is hereby acknowledged, I (“Model”) hereby grant to Dan Smarg and Dan Smarg Photography (collectively, the “Photographer”), the Photographer’s assigns, and those persons acting with the Photographer’s authority and permission, written or otherwise, the right to license the use of my image and likeness, take and create photographs and/or videos and other still and/or moving, images (in all multimedia codecs and formats) and other graphical depictions incorporating my likeness, in any and all media, whether now known or hereafter created; collectively as (the “Content”). I hereby agree that all rights in and to the Content, including the Exclusive, commercial and editorial copyright, are and shall remain the sole and Exclusive property of Dan Smarg Photography and the Photographer, Dan Smarg, free and clear from any claims by me or anyone acting on my behalf. Dan Smarg Photography and the Photographer’s rights include, but are not limited to, the rights, in perpetuity, to: Use, re-use, publish, and re-publish the Content; Commercially License, Alter, Modify or otherwise change the Content in any manner the Photographer desires; Combine the Content with textual matter and/or with other pictures and/or media; and, Use the Content for illustration, promotion, art, editorial, advertising, digital marketing, trade, publishing, or any other purpose whatsoever. I hereby release, discharge, and agree to hold harmless Dan Smarg Photography and the Photographer, the Photographer’s heirs, legal representatives and assigns, and all persons acting under the Photographer’s authority or those for whom he/she is acting, from any liability by virtue of any use of the Content or any changes or alterations made to my likeness thereto. I hereby agree to the following terms for all commercial, private or advertising use of my likeness: If a photograph, image or altered multimedia variation of my likeness is licensed by Dan Smarg or Dan Smarg Photography to a Third Party, entity, stock website, agency, archive or individual or any of their legally appointed assigns, I may, by written request, be compensated with 10% of the initial licensing fee transacted. MEDIA LICENSING ADDENDUM: In addition to the above-mentioned 10% licensing fee commission (Good and Valuable Consideration), I attest that I understand the media created in this production is primarily intended for commercial, private, and/or personal use by Dan Smarg, Dan Smarg Photography and/or the Photographer's Commissioning Client (Third Party and any or all Assigns), and me, the Model. However it may be ultimately licensed for commercial use by other Third Parties and their Assigns, including, but not limited to, the Client's Company, Subsidiary Company, Legal Partners, and Legal Assigns, Independent Distribution Outlets, Social Media Platforms, other Stock websites, archives, agencies and/or Commercial Websites for both Commercial/Advertising and/or Editorial use or publication. I also acknowledge that, as Original Creator of this multimedia, the Photographer, Dan Smarg, and Dan Smarg Photography, owns Exclusive Rights to the images and or video created during and after its production. I also acknowledge that the Photographer, Dan Smarg and Dan Smarg Photography, hereby ensures I will be notified if this content is to be licensed for further use by a Third Party and that he will endeavor to include me (Model) in those discussions and licensing term agreements such that I am ensured fair compensation for my participation in this production. Upon initial payment and or upon receipt of Good and Valuable Consideration or additional monetary compensation, I hereby release, discharge, and agree to hold harmless Dan Smarg and Dan Smarg Photography, the Photographer’s heirs, legal representatives and assigns, and all persons acting under the Photographer’s authority or those for whom he/she is acting, to continue to license the use of my image and likeness without any further compensation thereafter. DIGITAL SIGNATURE ADDENDUM: I hereby acknowledge that Dan Smarg and Dan Smarg Photography intend to license Photos and Video Content that contain my likeness to a variety of Third Party Stock Websites, Archives and Agencies for potential Worldwide commercial or editorial use. Therefore, this contract is accepted by DAN SMARG and DAN SMARG PHOTOGRAPHY in Calabasas, California, and cannot be changed via oral or implied communication. Dan Smarg and Dan Smarg Photography can only accept one “Digital Signature” per form. Any changes must be requested in writing in conjunction with the retention of Legal Counsel by BOTH Parties. By signing the below Digital Form, I hereby accept ALL TERMS listed herewith and relinquish the right to validating this Agreement via physical signature. My submission is, in effect, my legal agreement and “signature” validating my acceptance of these TERMS. My acceptance is binding upon submission of this Form and therefore cannot be voided once digitally submitted. If I require a physical printed copy of this Release of Liability Agreement or Appearance Release, I must do so in writing. Finally, I agree to submit this Licensing & Appearance Release Agreement in good faith. If I have any questions or additional concerns and/or legal stipulations, I may contact DAN SMARG | DAN SMARG PHOTOGRAPHY directly PRIOR TO SUBMISSION via this website Contact Form: https://www.dansmargphotography.com/contact THIRD PARTY SIGNATURE REQUESTS ADDENDUM: In consideration and acknowledgement that Dan Smarg and Dan Smarg Photography intend to license Photos and Video Content that contain my likeness to a variety of Third Party Stock Websites, Archives and Agencies for potential Worldwide commercial or editorial use: Therefore, Dan Smarg and Dan Smarg Photography may be requested to provide a valid and legal copy or digital representation of my physical signature to authorize the Commercial or Editorial licensing of photos and/or videos to a Third Party enterprise, Stock Website, Agency or its legal assigns. If my physical signature or a digital copy of my physical signature is required, or a form representing my digital consent is similarly required, I will do my best to provide the necessary signatures and authorizations as soon as possible when I am asked by Dan Smarg or Dan Smarg Photography and soon as possible to expedite the licensing process. I understand the validation and execution of this process is predicated upon my active participation. And as such, Dan Smarg and Dan Smarg Photography’s business depends on my active participation, cooperation and consent with these legal processes. In Consideration of my cooperation and consent to agree to Third Party Signature Requests, I acknowledge that I agree to receive 10% of the initial licensing fee or editorial-use fee procured by Dan Smarg and Dan Smarg Photography for the use of my likeness in photos and videos submitted to said Third Party Interest, Website, Stock Agency, Archive or Commercial Business as Legal Consideration of my consent and Release of Commerical Use. PHYSICAL SIGNATURE REQUEST ADDENDUM: In consideration and acknowledgement that Dan Smarg and Dan Smarg Photography intend to license Photos and Video Content that contain my likeness to a variety of Third Party Stock Websites, Archives and Agencies for potential Worldwide commercial or editorial use: Therefore, I agree to provide Dan Smarg and Dan Smarg Photography a physical or digital copy of my legal signature. I also acknowledge that if Dan Smarg or Dan Smarg Photography, or any of its legal assigns, requests an additional digital copy of or physical copy of my physical, legal signature rather than a “Digital Signature Submission” described above, I hereby agree to do so within 48 hours of Dan Smarg or Dan Smarg Photography’s request. If I do not provide a digital copy or physical copy of my signature within 48 hours, I hereby authorize Dan Smarg and Dan Smarg Photography to submit a digital copy of my digital signature or resemblance thereof, on my behalf. This authorization to use a digital copy of my signature or representation thereof is exclusive and non-transferrable to any alternate form of legal authorization. It is solely and exclusively to be submitted for the consent and release of use of Photo or Video or Multimedia I/We created with Dan Smarg or Dan Smarg Photography or its Clients’ Commerical Licensing contracts to which I am hereby agreeing to authorize as of the date of this digital submission form and also retro-actively authorize for all dates prior to this submission. Upon submission of my digital signature, whether in whole or in part (Ex: Initials), I hereby grant permission contingent upon receiving written notification and a copy of any and all correspondence with any Third Party Business, Website or Stock Photo Archive, Agency or Business Dan Smarg or Dan Smarg Photography submits it to. I must request a copy of these correspondences in writing for the request to be valid. Verbal requests may not be considered legal. However, they are considered a courtesy reminder and therefore will, in good faith, result in the solicitation and procurement of any and all correspondences bearing my digital signature forthwith. If Dan Smarg or Dan Smarg Photography does not provide a printed or digital copy of said correspondences bearing my digital signature within a reasonable time, I reserve the right to rescind the commercial licensing authorization to any Third Party in question until such copies, digital or otherwise, may be procured and submitted to me. I also attest, that in good faith, I understand Dan Smarg and Dan Smarg Photography will, in all good faith, attempt to communicate with me as openly as possible about any and all transactions regarding, concerning or containing my digital, physical or digital copy of my signature. Any other use, for personal or commercial gain is hereby deemed unauthorized use and may be subject to Counterfeit Penalties under Local, State and Federal Law. I hereby reserve the right to privately inquire and investigate such occurrences to the extent I deem necessary to conclude. I agree to do so under my own free will and my own personal expense and do not expect or intend to request Dan Smarg or Dan Smarg Photography to authorize or remit payment for any such investigations, inquires or legal actions I choose to undertake. RETROSPECTIVE & IN-PERPETUITY COMMERCIAL/EDITORIAL-USE LICENSING & SIGNATURE RELEASE: In consideration and acknowledgement that Dan Smarg and Dan Smarg Photography intend to license Photos and Video Content that contain my likeness to a variety of Third Party Stock Websites, Archives and Agencies for potential Worldwide commercial or editorial use going forward from the date of this digital submission form: I hereby agree to provide my legal consent to license the Commercial and/or Editorial Worldwide use of my likeness in photo and video or any multimedia source as of the date listed below for all Photo, Video, Multimedia works created prior to this date as well as in-perpetuity hereafter. KNOWING & VOLUNTARY EXECUTION: I hereby warrant that I am of full legal age and have the right to sign this contract in my own name. I have read the above authorization, Release and Licensing Agreement, prior to its execution, and I am fully familiar with the contents thereof. This Licensing Release & Agreement shall be binding upon me and my heirs, legal representatives and assigns. I hereby attest that I have carefully read and fully understand the contents and legal ramifications of this Licensing Release & Agreement as well as all the conditions as stated in all sections of the current DAN SMARG PHOTOGRAPHY website, emails, phone conversations, personal conversations, written or otherwise. Exceptions to this Licensing Release & Agreement and any addendum policies cannot be made for any reason, including but not limited to, any Act of God, Force Majeure, weather, terrorism, civil unrest, personal, family or medical emergencies. I understand that this Licensing Release & Agreement is legally binding and enforceable contract and sign it as a legal adult, 18-years or older, and of my own free will. I also agree that any Minors I am legally responsible for under the age of 18 shall abide by all terms herewith. I agree that if any portion of this Licensing Release & Agreement is currently or eventually discovered or otherwise “determined” to be void, “unfair” or otherwise unenforceable, the remaining portions and terms shall, in their entirety, remain in full force and full effect to the extent of Local Federal, State, County, City and Country Laws. BINDING ARBITRATION: I, and any minors in my legal care, hereby agree that any dispute concerning, relating or referring to this Agreement, the website, verbal conversation, brochure or any other literature, digital, physical, verbal or otherwise concerning this photos, video, multimedia etc. shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). I agree that such proceedings will be governed by substantive (but not procedural) California Law without consideration of the California Arbitration Act and will take place in Los Angeles, CA. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. By agreeing to these terms and conditions, I, as well as DAN SMARG and DAN SMARG PHOTOGRAPHY, waive our right to a trial by jury and agree to private arbitration paid for solely by the “concerned” party – not the allegedly responsible party. COVID-19 ADDENDUM: I hereby attest that I am committed to creating a COVID-safe production. Therefore, I have provided the Photographer with photographic proof of my own personal negative COVID-19 test result within twelve (12) hours of my call-time. If I cannot provide proof, I also agree and attest to the following: I understand that, if I am infected, Symptoms of COVID-19 include: • Fever • Fatigue • Dry Cough • Difficulty Breathing I agree to the following: • I understand the above symptoms and affirm that I, as well as all household members, do not currently have, nor have experienced the symptoms listed above within the last 14 days. • I affirm that I, as well as all household members, have not been diagnosed with COVID-19 within the past 30 days. • I affirm that I, as well as all household members, have not knowingly been exposed to anyone diagnosed with COVID-19 within the past 30 days. • I affirm that I, as well as all household members, have not traveled outside of the country or to any city considered to be a “hot spot” for COVID-19 infections within the past 30-days. • I understand that Dan Smarg Photography and Photographer cannot be held liable for any exposure to the COVID-19 virus caused by misinformation on this form or the health history provided by each client. Dan Smarg Photography and Photographer are following these enhanced procedures to prevent the spread of COVID-19: We have asked that everyone coming to location or set provide proof of a negative COVID-19 Test within 12 hours of their call-time. Anyone who feels safer wearing a mask may do so and is not obligated to remove it unless and until they feel safe doing so. If anyone on set feels they are getting too close to anyone else, they may ask to increase distance for a safer working environment. By signing below, I agree to each statement above and release Dan Smarg (Photographer) and Dan Smarg Photography as well as all other legally released participants in this production from any and all liability for unintentional exposure or harm due to COVID-19 or any other health or personal injury-related matter. *

Yes, I have read and understand all terms of this Agreement

Minor Model's Full Legal Name *

First Name

Last Name

Model Guardian's Name

First Name

Last Name

Model Phone *

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Under 18 Minor Model's Date of Birth

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DD

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Adult Guardian | Model Address *

Address 1

Address 2

City

State/Province

Zip/Postal Code

Country

Date of Shoot *

If Shoot Date | Date of Previous Content Capture | Production is not set yet or unknown, please estimate date. This Agreement is valid as of the date you submit it.

MM

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Image | Video | Media Intended For: *

Commercial (For Profit Use)

Non-Commercial (For Non-Profit Use)

Private | Personal Use Only

I hereby consent to the terms of this Agreement for any Photo, Video or Multimedia Content that Dan Smarg | Dan Smarg Photography creates or has previously created featuring my child's | Under-18 Minor's "Likeness." *

Yes, I consent to ALL AGREEMENT TERMS

To the best of my knowledge, neither I nor my child or Under-18 Minor in my care are infected by the COVID-19 virus or any other contagious illness and I have voluntarily presented Dan Smarg | Dan Smarg Photography with a true and valid photo or copy of my test results within 12 hours of my call time: *

You may skip this attest if you have already completed your shoot and are retroactively signing this Agreement.

Yes, I consent.

Model Guardian's eSignature *

I have read and am of legal age to accept the terms listed in the Licensing & Appearance Release presented above as well as the Dan Smarg | Dan Smarg Photography's Terms of Use. I also understand this digital eSignature is in lieu of my physical signature and that its submission constitutes my irrevocable, legally binding consent:

Yes, I legally consent on behalf of my Child and/or Under-18 Minor in my care.