Parties:
Photographer:
Name: Walter Koopman
Address: De Pruikenmaker 22, 5506 CT Veldhoven
Email: [email protected]
Phone: 0031 6 1588 1457
Model:
Name: .......................................................
Address: ..............................................
Email: ................................................
Telephone: ............................................
(If the model is under 16 years old:)
Name of parent(s)/guardian(s): .............................................
Article 1 – Purpose and compensation
The parties agree to a photo session (hereinafter: 'the shoot').
The agreed form of reward:
☐ TFP (model receives at least eight edited photos in JPEG format)
☐ Photographer's hourly rate: €
☐ Hourly rate model: €
☐ Total compensation for shoot: €
☐ Travel expenses: € (as agreed or public transport 2nd class)
The agreed posing category:
☐ Portret / Fashion / Glamour
☐ Lingerie / Swimwear
☐ Aesthetic nude (no visible nipples or pubic area)
☐ Topless (nipples visible)
☐ Naked (genitals visible)
Article 2 – Copyright and portrait rights
1. The copyright of all photos remains with the photographer.
2. The model grants permission for the use of the photographs for the following
purposes (check all that apply):
☐ Personal photographer portfolio (website, exhibitions)
☐ Commercial purposes (publication, social media, stock photos, licensing)
3. The model always retains portrait rights as referred to in Article 21 of the Copyright act. 4. Consent can be withdrawn in writing at any time (see art. 8).
5. The photographer undertakes not to detract from the dignity, integrity or privacy of
the model when using the photographs.
6. Any other forms of use must be agreed in writing.
Article 3 – Use by the model
1. The model may use the received photos for her own portfolio, social media and
self-promotion.
2. For commercial use by the model, prior written permission from the photographer
is required.
3. When publishing, the photographer's name must be mentioned, unless otherwise agreed.
Article 4 – Indemnification
1. The model indemnifies the photographer against all claims from third parties arising
from the use of the photographs in accordance with this agreement.
2. This indemnity does not apply to claims that arise because the model makes a
justified appeal to his/her portrait rights or privacy rights.
Article 5 – Penalty clause
1. If the model or photographer commercially exploits photos in violation of this
Agreement without the other party's written consent, the offending party will owe
the other party an immediately payable penalty of €250 per violation + €50 per day
that the violation continues.
2. This penalty does not affect the right to additional compensation if the actual
damage suffered is higher.
Article 6 – Privacy (GDPR)
1. Personal data (name, address, contact details and portrait) are processed based on
consent and for the execution of this agreement.
2. Parties have the right to access, correction and deletion in accordance with the GDPR.
3. Contact details will be retained for a maximum of 3 years after the last collaboration.
4. The signed agreement and the final photos will be kept for as long as the agreed
license is in effect and in any case for 7 years for evidentiary and tax purposes.
5. 5. Data will not be shared with third parties outside the agreed commercial
exploitation without additional consent.
Article 7 – Minors
1. If the model is under 16 years of age, this agreement is only valid if both parents or
guardians give written consent and cosign.
Article 8 – Withdrawal of consent
1. The model may withdraw in writing permission for (further) publication or
exploitation.
2. The photographer will cease further publication and remove the material from
channels under its own control within a reasonable time.
3. The photographer is not liable for material already lawfully obtained or published
by third parties prior to the withdrawel.
Article 9 – Duration and termination
1. This Agreement is effective as of the date of signature and will continue for the
agreed purposes until revoked or terminated in writing.
2. Termination will not have retroactive effect on legitimate use that has already
occurred.
Article 10 – Other provisions.
1. Photos are delivered digitally in JPEG format, unless otherwise agreed.
2. Dutch law applies.
3. Parties shall endeavor to resolve disputes first by mutual agreement or through
mediation before turning to the court.
4. Competent court: court in the district of the photographer's place of residence
(unless mandatory law provides otherwise).
Signature
Place: ..............................................
Datum: ..............................................
Signatures
photographer: model: parent(s)/guardian(s):
.............................................. .............................................. ..............................................
