THIS MODEL SUBMISSION AGREEMENT (this “Agreement”) is entered into as of the date indicated below by and between PHOTOGENICS MEDIA LLC, its parents, subsidiaries, affiliates, divisions, predecessors and successors, and all of their present and former officers, directors, employees, agents, assigns, and representatives (collectively referred to as “PHOTOGENICS”) and SUBMITTER, an individual whose name is provided below.
WHEREAS, PHOTOGENICS operates a fashion, entertainment and media company, representing top models, talent, artists and creators;
WHEREAS, SUBMITTER desires to provide PHOTOGENICS with his/her information, photographs and other materials (the “Submission”) for receipt and/or review by PHOTOGENICS; and,
WHEREAS, SUBMITTER acknowledges that the receipt and/or review of his/her Submission by PHOTOGENICS constitute full and fair consideration for this Agreement.
In consideration of the foregoing, PHOTOGENICS and SUBMITTER agree to be bound by the following terms and conditions:
- DISCLOSURE OF A SUBMISSION DOES NOT ESTABLISH A CONFIDENTIAL RELATIONSHIP, OR ANY OTHER RELATIONSHIP, BETWEEN SUBMITTER AND PHOTOGENICS. PHOTOGENICS cannot agree to hold the Submission in confidence for the reason, among others, that we must disclose the Submission to various employees, and sometimes persons outside our employ, to evaluate the Submission and the SUBMITTER.
- PHOTOGENICS shall obtain no rights of any kind in the Submission by reason of providing it to PHOTOGENICS.
- By reviewing the Submission, PHOTOGENICS is not entering into an agreement to compensate the SUBMITTER.
- Any disclosure to PHOTOGENICS must be made with the understanding that PHOTOGENICS will consider the disclosure only insofar as, in its judgment, the Submission merits consideration. PHOTOGENICS assumes no obligation to do more than indicate whether or not PHOTOGENICS is interested in your Submission.
- No obligation of any kind is assumed by, or may be applied against PHOTOGENICS, unless or until a formal written contract has been entered into and then the obligation shall be limited as expressed in such contract. SUBMITTER shall retain all rights to submit this or similar material to persons other than PHOTOGENICS unless a written contract restricting such activity is entered into.
- PHOTOGENICS and SUBMITTER acknowledge and agree that: (i) this Agreement contains the entire agreement between SUBMITTER, on one hand, and PHOTOGENICS, on the other hand, concerning the subject matter hereof and supersedes all prior and contemporaneous understandings and communications, written or oral, between the parties concerning the same and PHOTOGENICS has not made any representations (written, oral, express or implied) of any kind to me not contained herein; (ii) this Agreement is governed by and shall be construed in accordance with the laws of the State of California (without giving effect to the conflicts of law provisions thereof); and (iii) the exclusive venue and jurisdiction for any legal action arising out or relating to this Agreement shall be a court of competent jurisdiction located in the State of California.
- SUBMITTER is at least 18 years old and otherwise legally competent to enter into this Agreement. If SUBMITTOR is under 18 years old, then the Submission must be made by a parent or legal guardian.
- SUBMITTER specifically acknowledges that PHOTOGENICS would refuse to accept, consider or otherwise evaluate the Submission or any other material provided by SUBMITTER in the absence of SUBMITTER’S acceptance of each and all of the provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by affixing their signatures below.
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