ARTIST–MODEL SERVICES & LIKENESS RELEASE AGREEMENT
Project: Upon Dark Waters | Governing law: Florida
Effective date: ______ Artist legal name / business: ________________________
Artist address / email: ___________________________________________________________
Model legal name: __________________ Model email: ______________________
Model address: __________________________________________________________________
- Engagement and Services
The Artist engages the Model to participate in agreed photography, video, posing, and related creative sessions for the Upon Dark Waters art project (the “Project”). Session dates, location, expected activities, and any separate session fee will be confirmed in writing before each session. Participation in any hazardous activity is voluntary and requires separate express consent. The Model may decline an unsafe pose or activity. - Session Compensation
Session fee (if any): $____________ per ______; payment due ______. If blank, no separate session fee is promised under this Agreement. Reasonable preapproved expenses will be reimbursed only if agreed in writing. - Original Artwork and Print Sales — 30% of Net Profit
For each qualifying original artwork or fine-art print sold by or on behalf of the Artist that recognizably features the Model’s likeness, the Artist will pay the Model thirty percent (30%) of Net Profit from that sale. “Net Profit” means the sale price actually received for the artwork or print, minus only: (a) gallery or exhibition commissions actually charged on that sale; (b) sales tax collected and remitted; (c) refunds or chargebacks; and (d) documented, reasonable, direct production costs attributable to that specific artwork or print, including canvas, paint and other physical materials for originals, and printing, framing, and mounting costs for prints or originals as applicable. Shipping and packaging costs may be deducted only to the extent actually paid by the Artist and not separately reimbursed by the buyer. General overhead, equipment, studio rent, the Artist’s labor, marketing, travel, and unrelated project expenses may not be deducted. No cost may be deducted twice. Net Profit cannot be less than zero; no model owes the Artist for a loss.
Example: An original painting sells for $2,000. Gallery commission is $600 and documented direct materials/framing costs are $200. Net Profit is $1,200; the total model royalty is $360 (30%).
The royalty applies to sales of original paintings and other original visual artwork, as well as physical and digital fine-art prints, featuring the Model’s recognizable likeness, during and after the term while qualifying works continue to sell. It does not automatically apply to separate commissions, merchandise, licensing fees, admissions, or other products unless agreed in writing. If more than one model is recognizably featured in a qualifying work, the total model royalty for that work remains 30% of Net Profit, divided equally among the featured models unless the Artist and all affected models agree otherwise in writing. The Artist may not reduce a Model’s share by adding models who are not recognizably depicted. - Accounting and Payment
Within 30 days after each calendar quarter, the Artist will provide a statement identifying qualifying original artwork and print sales, sale prices, gallery commissions, itemized direct costs and other permitted deductions, Net Profit, and royalties owed, and will pay the Model any amount due. Statements showing no sales may be provided on request. The Model may request reasonable supporting records once per year, subject to confidentiality of customer information. Any underpayment will be promptly corrected. Payment method: ____________________. The Model is responsible for their own applicable taxes. - Model Release and Permitted Uses
The Model grants the Artist a worldwide, perpetual, nonexclusive license (subject to the royalties expressly provided in Section 3 for qualifying original artwork and print sales) to photograph, film, depict, edit, transform, publish, exhibit, reproduce, distribute, and promote the Model’s name (only if separately approved), image, voice, and likeness captured for the Project in photographs, paintings, prints, video, exhibition materials, websites, social media, trailers, and Project publicity. The Artist may crop, composite, stylize, and adapt the material, provided the use does not falsely imply the Model’s personal endorsement of an unrelated product or deliberately portray the Model in a defamatory manner. No nudity, simulated sexual activity, or materially different sensitive use is authorized without separate written consent. - Ownership and Artist Rights
The Artist owns the copyrights in photographs, artwork, edits, and other creative works the Artist creates, subject to any third-party rights. The Model retains rights in their own preexisting materials and identity. The Model does not receive copyright ownership or creative approval rights merely by participating. The Artist may use and sell Project works in accordance with this Agreement and must continue paying Section 3 royalties on qualifying print sales. - Safety, Props, and Conduct
The Artist will communicate session plans and use reasonable safety precautions. Replica weapons and other props must be handled under a designated safety plan; no real weapon, dangerous stunt, or physical contact is required without separate advance agreement. Either party may stop a session for safety concerns. Both parties will behave professionally and respect boundaries. - Termination and Existing Materials
Either party may end future services by written notice. Ending participation does not revoke the license for Project material already captured or the Artist’s obligation to pay royalties on future qualifying original artwork and print sales. Material created after termination requires a new agreement. Changes to this Agreement must be in writing and signed by both parties. - Independent Contractor; General Terms
The Model acts as an independent contractor, not an employee, partner, or agent. This Agreement is the entire agreement on its subject, supersedes prior discussions, and is governed by Florida law. If a provision is unenforceable, the remaining provisions continue. Electronic signatures and counterparts are permitted. Disputes will first be discussed in good faith; either party may then pursue available legal remedies in a court with proper jurisdiction. - Signatures
Artist signature: ______________________ Date: ______
Printed name: ______________________________________________________
Model signature: ______________________ Date: ______
Printed name: ______________________________________________________
Model is at least 18 years old: ☐ Yes ☐ No (if no, a separate guardian-approved agreement is required).
Optional approved public credit / stage name: ____________________________________