The Model Release Agreement is essential for any professional photography or content creation work involving models in Belgium. It provides legal protection for both the content creator and the model by clearly defining the scope of image usage rights, compensation terms, and data protection measures. This document is particularly important under Belgian law, which has strict provisions regarding image rights (droit 脿 l'image) and personal data protection. The agreement should be used whenever photographs or videos of individuals are intended for commercial, advertising, or public use. It includes specific provisions addressing GDPR compliance, Belgian privacy laws, and the unique requirements of Belgian contract law regarding image rights. The Model Release Agreement helps prevent future disputes by clearly documenting consent and usage terms, while ensuring compliance with all relevant Belgian and EU regulations.
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1. Parties: Identification of the photographer/company and the model, including full legal names, addresses, and relevant registration numbers
2. Background: Context of the agreement, including the purpose of the photoshoot and intended use of the images
3. Definitions: Key terms used in the agreement including 'Images', 'Territory', 'Usage Rights', 'Commercial Use', etc.
4. Grant of Rights: Express permission from the model for the capture, use, and distribution of their images, including territory and duration
5. Scope of Usage: Detailed description of how and where the images may be used, including specific media types and contexts
6. Compensation: Details of payment or other consideration provided to the model
7. Data Protection and Privacy: GDPR-compliant clauses regarding the processing and storage of personal data
8. Model's Warranties: Model's confirmation of legal capacity and right to enter into the agreement
9. Photographer's Obligations: Commitments regarding professional conduct, image handling, and usage restrictions
10. Term and Termination: Duration of the agreement and conditions for termination
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Moral Rights: Used when specifically addressing the model's moral rights under Belgian copyright law
2. Exclusivity: Include when the model is restricted from providing similar services to competitors
3. Right of Review: Optional clause giving the model right to review and approve images before publication
4. Make-up and Styling: Include when specific requirements for appearance and styling need to be documented
5. Travel and Expenses: Add when travel or additional expenses are to be covered
6. Social Media Usage: Specific terms for social media posting and tagging requirements
7. Non-Disclosure: Include for shoots requiring confidentiality before publication
8. Body Alteration: Include when addressing permission for digital manipulation or retouching of images
1. Schedule 1 - Shoot Details: Specific details of the photoshoot including date, location, and type of shots
2. Schedule 2 - Compensation Terms: Detailed breakdown of payment terms, rates, and payment schedule
3. Schedule 3 - Approved Uses: Comprehensive list of approved usage contexts and mediums
4. Schedule 4 - Image List: To be completed post-shoot with references to all images covered by the release
5. Appendix A - GDPR Privacy Notice: Detailed privacy notice complying with GDPR requirements
6. Appendix B - Image Specifications: Technical specifications for the images and any specific requirements
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