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Electronic Waiver

Agreement 1: Photog Sign Up


AGREEMENT FOR LICENSING OF IMAGES (hereinafter, “AGREEMENT”) The photographer or his legal representative (hereinafter, “AGENT”) agrees to license use of images to ROCK GOD LLC on behalf of ROCK GOD Eyewear, NYS Collection, and TrendBungalow.com, as described herein SECTION 1: User and use information.
AGENT: The photographer or legal representative authorized to grant this license for use of images. The LICENSEE is ROCK GOD LLC. The LICENSED USE is the permitted level of use designated by the AGENT and will conform so that images that the AGENT makes available to ROCK GOD LLC can be used on the NYS Collection website (www.nyscollection.com) and the Trend Bungalow website (www.trendbungalow.com) or such other websites that are owned or utilized by ROCK GOD LLC for Commercial Use. Commercial use is defined as use in and for the sale of ROCK GOD Eyewear and/or the Promotion of the ROCK GOD Eyewear including websites that ROCK GOD LLC does not expressly own or have a financial interest in. Promotion includes the use of web banners and or any form of digital photography in perpetuity.
SECTION 2: License fees
This license grants ROCK GOD LLC the rights, on a royalty-free basis, to use, publish, and republish designated images of an agreed upon and approved model in which the images may be included intact or in part, composite or distorted in character or form ( the “IMAGES”), without restriction as to changes or transformations in conjunction with the photographer’s own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever. In turn ROCK GOD LLC grants the rights to the AGENT to use designated images on a royalty-free basis.
SECTION 3: Terms and Conditions.
1. The AGENT hereby grants to ROCK GOD LLC the non-exclusive right to use the IMAGE(S) designated within this AGREEMENT in perpetuity for the LICENSED USE designated by AGENT, and under the conditions set forth in this AGREEMENT. Nothing herein contained shall be construed to restrict or prohibit the AGENT from entering into similar agreements with other persons with respect to any of the IMAGE(S) licensed or to be licensed to ROCK GOD LLC
2. The AGENT does hereby represent and warrant that he or she is either a) the holder of the copyright of the IMAGE(S), or b) authorized to license IMAGE(S) by the copyright owner. The AGENT further represents and warrants that he or she has the full power and authority to enter into this AGREEMENT and grant to ROCK GOD LLC the license rights described herein. AGENT shall indemnify and hold harmless ROCK GOD LLC from and against any and all claims, damages, causes of action, or expenses (including reasonable attorney’s fees) arising directly or indirectly from AGENT’s breach of any of the representations and warranties contained in this document.
3. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Rhode Island and any action hereunder may be duly filed within the jurisdiction of the State of Rhode Island.
4. No modification to this AGREEMENT shall be valid or binding unless made in writing and executed by both parties hereto.
5. AGENT agrees to have all models sign the ROCK GOD LLC Model Release Form on the date of their scheduled shoot and prior being shot or wearing any ROCK GOD LLC merchandise.
6. AGENT agrees to provide a respectful environment for all models and to follow all Federal and State Laws. AGENT shall indemnify and hold harmless ROCK GOD LLC and ROCK GOD LLC from and against any and all legal actions, claims, damages, causes of action, or expenses (including reasonable attorney’s fees) arising directly or indirectly from AGENT’s actions before, during and after the scheduled photo shoots. By submitting this form, the AGENT hereby declares full acceptance of this agreement.
7. AGENT hereby authorize any parties designated by ROCK GOD LLC (including clients, purchasers, agencies and periodicals or other printed/digital matter and their editors), their legal representatives, successors, and all persons or corporations acting with his permission, unrestricted permission to copyright and/or use, reproduce, and/or publish photographic portraits or pictures in conjunction with my name (or fictitious name), the negatives, transparencies, prints, digital images, or digital information pertaining to them, in still, single, multiple, moving or video format, audio format or in which may be included in whole or part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, made through any media on their website for the model search with any lawful purpose in perpetuity.
8. AGENT hereby waives any right that he or she may have to inspect and approve the finished product or copy that may be used in connection with an image that ROCK GOD LLC or the use to which it may be applied. AGENT further releases ROCK GOD LLC, or others for whom he is acting, from any claims for remuneration associated with any damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images. AGENT acknowledges that all photographic sessions were conducted in a completely proper and highly professional manner and that this release was willingly signed after the session. AGENT certifies that AGENT is more than 18 (Eighteen) years of age, and is free and able to give such consent.
9. By signing this document you are entering into a contract with ROCK GOD LLC. At times and under certain circumstances ROCK GOD LLC may choose to provide you access to products (sunglasses or other ROCK GOD LLC offerings) to You (Photographer) free of charge. In turn, You (Photographer) agree to provide ROCK GOD LLC images of an agreed upon and approved model in this merchandise. Each item that ROCK GOD LLC sends will be considered a separate and new commitment to the aforementioned terms in this photo release and consent form.
You further agree to the following time commitments: Ninety (90) days from the day you receive sunglasses from ROCK GOD LLC you (Photographer) will provide at least Twelve (12) images of said model(s) in the provided sunglasses. In the event that you are unable to send in at least Twelve (12) images to fulfill this agreement within Ninety (90) days, you agree to send back said sunglasses and pay for any return shipping costs without reimbursement for time, effort or actual shipping cost. Further you (Photographer) agree to pay an additional restocking fee of Fifteen dollars ($15). If ROCK GOD LLC does not receive images within the Ninety (90) days, you will be responsible for the full retail value of any sunglasses you received plus shipping costs. After 45 days, if ROCK GOD LLC does not receive any images or the return of the sunglasses you will be responsible for the cost of the sunglasses, shipping costs, as well as the collection fees associated with the recovery of said sunglasses. *Any questions regarding this waiver can be directed to brandvisionaries@gmail.com

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