For and in consideration of my engagement as a model or performer by Netvigation LTD inter-active computer service provider operated/owned by Sexynlive/Netvigation, Inc., a limited corporation organized under the laws of Cyprus, ("Operator" herein), and in consideration of good and valuable consideration known to the parties to this Agreement, including the Operator's promise to promote the model or performer in a reasonable fashion over its system, I agree and represent as follows:
I hereby, finally and irrevocably, 1) grant the Operator the absolute and exclusive right to acquire and register any copyright (in any name it may select) and 2) give the Operator and those acting upon his or its authority, permission, or license (hereinafter collectively referred to as "Users"), the right and my unqualified and unrestricted permission to forever use, reuse, publish, republish, exhibit, display, perform, adapt, modify, sell, print and reprint in editorial, pictorial, advertising, publicity or promotional material, magazines, books, posters, billboards, pornography, and in any media or merchandise whatsoever, whether now existing or yet to be invented, (including, without limitation, on or through the Internet, in or through databases, whether static, interactive, or otherwise, in live broadcasts or transmissions, in pre-recorded broadcasts or transmissions, in streaming video, and in DVD and CD-ROM), for any purposes, the material today and hereafter to be taken of or obtained from me by the Operator, and for which I have acted or will act as a model or performer, and 3) grant the Operator the right to sell, assign, or otherwise transfer any or all of such rights to any other person. This release extends, without limitation, to archives, reproductions and streaming video transmissions in which my likeness and/or any part of my performance may be included in whole or in part. The words "photographs" and "material" and "photography" as used in this Agreement shall each include the acquisition of and all fruits of any and all types of still and moving photography, videography, digital image and/or sound acquisition, and any other method or technical process by which images and/or sound can be recorded, fixed, projected, transmitted, streamed, displayed, or played back, including, without limitation, negatives, prints, digital files, streams, illustrations, pictures, designs, paintings and drawings of every kind and nature and every part and element thereof. I claim no copyright or any other right whatsoever arising from my performance or any other activity in the creation of the material; To the extent that any copyright and/or any other personal right associated with the creation or use of the material or my performance in the material may exist in my favor as a result of my performance or any other activity associated with the material, creative, artistic, or otherwise, including but not limited to copyright and moral rights (Droit Moral), I do now finally and irrevocably assign, grant and convey any such right to the Operator; To the extent that any such right cannot be lawfully assigned, granted or conveyed, I do now, finally, irrevocably, and exclusively assign the right to receive or recover any compensation, award or damages arising in any way from any such a right, to the Operator. The failure of the Operator to pay for use of the materials as provided for herein shall not be deemed as a failure of consideration by any of the Users. The terms "Operator" and "Users" as used in this Agreement include the respective employees, agents, directors, officers, owners, and contractors of each and those persons for or through whom any of them may act, disclosed or undisclosed.
I hereby waive any right to inspect or to approve the photographs and material and any titles or written matter in conjunction therewith that may be used by the Operator (and/or the Users) and I further waive any claim that I may have with respect to any use to which they may be applied. Such photographs and material may be used in the sole discretion of the Operator and Users, with or without my name or with a fictitious name, and with fictitious or accurate information about me, alone or in conjunction with any material of any kind or nature. Nothing herein shall require anyone to actually use the photographs or material or any part thereof, or to use them, or to refrain from using them, in any particular manner, place, or medium. I hereby waive for myself and convey to Operator without limitation any and all privacy and personal rights that I may possess concerning the material, in my performance, in my appearance, in the identification information and documents I have tendered, and without limitation, those rights I may possess against depiction in a false light, public disclosure of private facts, the commercial exploitation of my person or performance, libel, slander, or other defamation, and any and all rights arising from the law of copyright, trade mark, trade name or service mark, known or unknown under the laws of any jurisdiction anywhere in the world. Without limitation, I expressly waive any privacy right that would operate to prevent or impede the Operator and Users from delivering to any persons, in the ordinary course of image commerce, such personal identity information and documents relating to me as may be apparently required to be maintained by a producer for publication under Title 18 United States Code Section 2257 and its associated regulations promulgated by the US Department of Justice (without regard to the ultimate validity of those provisions of law) and any other evidence confirmatory of identity that I have provided the Operator, and I consent to such disclosure of identification documents and information. I expressly waive in favor of the Operator and Users any other rights which may exist or later arise in my favor in any jurisdiction anywhere in the world in connection with my person, identity, performance or appearance in the material and the identity information and documents any use of any of them as provided for herein. I hereby release, discharge and agree to defend, indemnify, and do hold harmless the Operator and the Users from and against any and all liability in connection with the use of the material, even should it subject me to ridicule, scandal, reproach, scorn or indignity, and from any liability as a result of distortion, blurring or alteration, illusion or use in composite form or otherwise, the use of true or untrue text in association with the material, or otherwise, either intentionally or otherwise, that may occur or be produced in the making, processing, adaptation, production, adjustment, use, publication, distribution or reproduction of the material. Without limiting the foregoing, the material may include (and be used in works with) explicit sexual themes. I irrevocably convey to Operator the exclusive right to bring any and all actions in courts of law to enforce and to recover for the violation of any rights belonging to me in connection with this photography and its use, and I agree to cooperate with Operator in its prosecution of any such action without additional compensation. I confirm that, in exchange for the same consideration recited above, I fully release the Operator and the Users from any and all claims and causes of action that I presently possess or may possess in the future deriving from the photography to be conducted under this Agreement and/or from my own participation in the photography conducted or to be conducted today, from any subsequent use of the material, alone or in combination with text or any other graphic, at any place and time, in any medium of expression, existing or heretofore to be developed, and from any claim or cause of action I may possess or may subsequently acquire deriving from the use, recordation, disclosure or distribution (in the ordinary course of image commerce) of identity information and documents concerning me which I have provided, to all of which I consent.
If I am a California resident, I waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The object of this agreement is lawful, nonobscene, adult erotic photography but this agreement does not require me to perform any sexual act. The manner of performing and the costuming of my performance, within broad limits, will remain matters of my own discretion. I agree that this Agreement shall be governed by the law of the Hungary except with regard to its conflict of laws principles. I agree that should any complaint or dispute be initiated by me or anyone acting on my behalf deriving from the rights, duties, or conduct of any person under this Agreement or from any matter associated in any manner with the performance, the materials, or their use, it shall be resolved only through binding arbitration within Cyprus. If, for any reason, the preceding sentence is not enforceable, I agree that the national and/or provincial courts sitting in Cyprus shall be the exclusive venue for any litigation brought by me against any person concerning this Agreement or any matter arising from or related to this Agreement or the activities this Agreement contemplates. I further agree that, should I or any other person on my behalf commence any dispute, lawsuit, claim, cause of action, or arbitration proceeding against the Operator, any Users, any performers associated with this photography, and/or any persons acting upon behalf of any of them, concerning any matter related to this Agreement or the photography it contemplates (including, without limitation, any allegations I might make arising from or founded on any alleged misconduct, omission, negligence, intentional, reckless or willful and wanton conduct, invasion of any privacy right or breach of contract of or by any of them), and should any of them substantially prevail on the merits, to compensate the person or persons who have so substantially prevailed on the merits for any reasonable legal or other expenses or losses incurred or borne by any of them as a result of any such proceeding I or persons acting on my behalf have commenced.
I hereby represent that I am eighteen years of age or older, I further represent that I have provided a valid, genuine, and accurate identification document, that it was originally issued to me upon my truthful application to governmental authority, and that a true and accurate photocopy thereof is attached to this Release Agreement. I also represent that all information I have given the Operator about me, both orally and in the attached Data Acquisition Form, is truthful. I further represent that the following names are every name, other than my present and correct name appearing below, that I have ever used for any purpose or by which I have ever been known:
_________________________________________________________________________
It is my intention to forever convey to the Operator every right I have (or ever will have) to my appearance and/or performance in this photography, without restriction or qualification. I represent that No agency fee is due to any person. I agree that I shall be acting as an independent contractor and not as an agent or employee of the Operator. Any model, performer, associate or assistant I may retain in connection with the my performance in the material shall be at my own cost and expense and will not, in any event, be or be deemed to be an agent or employee of the Operator for any purpose whatsoever, including tort liability, worker's compensation, unemployment compensation or income tax withholding. Should any term or provision of this agreement be set aside for invalidity, the remaining terms and provisions shall stand. Every agreement or understanding I may have with the Operator is set forth in this Agreement and there are no other agreements or understandings that survive this Agreement. I am not under the influence of alcohol or any drug or medication nor have I been coerced by any person to sign this or any other document in connection this photography. I have not been induced to sign the same by any representation or statement of any character made by the Operator anyone acting upon his or its behalf, other than by the consideration recited above. It is my own free choice to sign this document and to participate in this photography / live streaming / video recording. I have read and have understood this Agreement prior to signing it.