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Media Release Agreement template
Media Release Agreement sample


What is Media Release Agreement?

Media Release Agreement Provides permission to use an individual's likeness or content for media purposes.



Sample template:



MEDIA RELEASE AGREEMENT


This Media Release Agreement (the "Agreement") is entered into as of [Effective Date], by and between Sarah Miller ("Photographer") and Horizon Media Productions ("Company"), collectively referred to as the "Parties."

1. GRANT OF RIGHTS AND PERMISSIONS

1.1. License Grant


Subject to the terms and conditions of this Agreement, Photographer hereby grants to Company a non-exclusive, worldwide, royalty-free license to reproduce, distribute, publicly display, and otherwise use the photographs, images, and any other materials provided by Photographer to Company (collectively, the "Licensed Materials") solely for the purposes of the Company's marketing, advertising, promotional, and internal business usage. The Licensed Materials shall not be used for any commercial usage not specified in this Agreement.



1.2. Attribution


Company agrees to provide proper attribution to Photographer for any and all uses of the Licensed Materials, using the format: "Photography by Sarah Miller, © [Year]." Attribution shall be clear and reasonably visible near each instance of the Licensed Materials.



1.3. Moral Rights


Photographer hereby waives any moral rights that she may have in the Licensed Materials, to the extent permitted by law.



2. COMPENSATION

2.1. Fee


In consideration of the license granted in Section 1, Company agrees to pay Photographer a one-time fee of $[Fee Amount] (the "Fee"), which shall be payable within thirty (30) days of the Effective Date of this Agreement. No further compensation shall be due to Photographer for the rights granted herein, unless otherwise agreed upon by the Parties in writing.



3. REPRESENTATIONS AND WARRANTIES

3.1. Photographer's Representations and Warranties


Photographer represents and warrants that: (i) she is the creator and sole owner of the Licensed Materials and has full authority to enter into this Agreement and grant the rights herein; (ii) the Licensed Materials do not infringe upon any third-party rights, including but not limited to copyrights, trademarks, or rights of privacy or publicity; and (iii) the Licensed Materials do not contain any defamatory, libelous, obscene, or otherwise unlawful material.



3.2. Company's Representations and Warranties


Company represents and warrants that: (i) it has full authority to enter into this Agreement and perform its obligations hereunder; and (ii) its use of the Licensed Materials as contemplated herein will not infringe upon any third-party rights, including but not limited to copyrights, trademarks, or rights of privacy or publicity.



4. INDEMNIFICATION

4.1. Photographer's Indemnification


Photographer agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, successors, and assigns from and against any and all third-party claims, demands, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorney's fees) arising out of or related to any breach or alleged breach of Photographer's representations, warranties, or obligations under this Agreement, or any unauthorized use of the Licensed Materials by Photographer.



4.2. Company's Indemnification


Company agrees to indemnify, defend, and hold harmless Photographer, her heirs, executors, administrators, successors, and assigns from and against any and all third-party claims, demands, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorney's fees) arising out of or related to any breach or alleged breach of Company's representations, warranties, or obligations under this Agreement, or any unauthorized use of the Licensed Materials by Company.



5. TERM AND TERMINATION

5.1. Term


This Agreement shall commence on the Effective Date and shall continue in effect for a period of [Term Length] years, unless terminated earlier in accordance with the provisions herein.



5.2. Termination


Either Party may terminate this Agreement upon written notice to the other Party if the other Party breaches any material term or condition of this Agreement, and fails to cure such breach within thirty (30) days after receipt of written notice thereof.



6. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be interpreted and governed by the laws of the United States and the laws of the State of [State], without regard to their conflicts of law principles. Any disputes arising under or in connection with this Agreement shall be resolved by binding arbitration conducted in [City], [State], in accordance with the then-current rules and procedures of the American Arbitration Association. The prevailing party in any such arbitration shall be entitled to recover from the other party its reasonable attorney's fees and costs incurred to enforce its rights under this Agreement.



7. MISCELLANEOUS

7.1. Entire Agreement


This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, representations, and understandings, whether oral or written.



7.2. Amendments


This Agreement may only be amended or modified by a written instrument executed by both Parties.



7.3. Waiver


The waiver by either Party of any breach or default of any provision of this Agreement by the other Party shall not constitute a waiver of any subsequent breach or default of the same or any other provision thereof.



7.4. Severability


If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be deemed modified to the minimum extent necessary to render it enforceable, and the other provisions of this Agreement shall remain in full force and effect.



7.5. Counterparts


This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.



IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

_________________________ _________________________
Sarah Miller Horizon Media Productions
("Photographer") ("Company")
By: ______________________ By: ______________________
Title: ____________________ Title: ____________________

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Common Sections of a Media Release Agreement


In this Media Release Agreement, you will see the following sections:

  1. Grant of Rights and Permissions
  2. Compensation
  3. Representations and Warranties
  4. Indemnification
  5. Term and Termination
  6. Governing Law and Dispute Resolution
  7. Miscellaneous


Analysis/Summary of each section

  1. Grant of Rights and Permissions : This section outlines the rights and permissions granted by the Photographer to the Company. It includes the license grant, which allows the Company to use the Licensed Materials for specific purposes, the requirement for proper attribution to the Photographer, and the waiver of moral rights by the Photographer.

  2. Compensation : This section details the payment terms for the Photographer's services. The Company agrees to pay a one-time fee within a specified time frame, and no further compensation will be due unless otherwise agreed upon in writing.

  3. Representations and Warranties : Both the Photographer and the Company make certain promises and guarantees in this section. The Photographer ensures they have the rights to the Licensed Materials and that they do not infringe on any third-party rights. The Company promises that their use of the Licensed Materials will not infringe on any third-party rights.

  4. Indemnification : This section explains that both the Photographer and the Company agree to protect and compensate each other from any legal claims or damages that may arise due to a breach of the agreement or unauthorized use of the Licensed Materials.

  5. Term and Termination : This section specifies the duration of the agreement and the conditions under which either party can terminate the agreement. Termination can occur if there is a breach of the agreement that is not resolved within a specified time frame.

  6. Governing Law and Dispute Resolution : This section establishes the governing law for the agreement and the process for resolving disputes. It states that any disputes will be resolved through binding arbitration, and the prevailing party will be entitled to recover their legal fees and costs.

  7. Miscellaneous : This section covers various additional terms, such as the entire agreement clause, amendment process, waiver conditions, severability, and the execution of the agreement in counterparts.

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