RSS

part 2

4. GRANT OF RIGHTS.

In addition to obtaining the Model?s services rendered hereunder, Producer shall solely and exclusively own all results product and proceeds thereof, including all rights of whatever kind and character throughout the world and in perpetuity in any and all languages. Without limiting the generality of the foregoing, Model grants to Producer and its successors and assigns, the following specific perpetual and exclusive rights in connection with the results product and proceeds of the Performance:

a. To reproduce all or any part of the Model?s performances, acts, poses, and appearances of every kind made or done by Model in connection with the Project (the ?Performance?);

b. To reproduce Model?s voice and all musical instrumental or other sounds created by Model, if any (hereinafter the ?Audio Portion?) in connection with the Project, and reproduce, issue, sell, and transmit the same, either separately or in conjunction with the Performance, or any part thereof;

c. To exhibit, sell, assign, transmit, and reproduce and license others so to do (whether by means of motion pictures, still camera photographs, radio, television, television motion pictures, the Internet, video discs, DVDs, CDs, video cassettes, video tapes, printing, or any other means now known or unknown) any or all of the Performance and/or Audio Portion;

d. To use the Performance and/or the Audio Portion in connection with the advertising and exploitation of the Project, including, without limitation, previews and trailers one sheets, flyers, catalogs, and covers or wrappers or sound track recordings, discs, tapes and/or cassettes, and in connection with the sale of any by producers or merchandising relating to the Project, and any characters, theme, plot, or other elements or rights therein contained;

e. To use the Performance and/or the Audio Portion of any part thereof, as a portion of a motion picture, Web site, or other work other than the Project, and for the advertising thereof, and in connection with the sale of any by-products or merchandise relating thereto, and to reproduce and/or transmit the same by and in any media;

f. Edit and revise the Performance and Audio Portion or the Project in any manner as Producer may, in its sole and absolute discretion determine, and, from time to time to change the title thereof.

5. ADDITIONAL RIGHTS GRANTED BY MODEL.

a. Model further grants to Producer the perpetual but nonexclusive right to use, and to license others to use, Model?s name and biography and reproductions of Model?s physical likeness and/or voice for the purpose of advertising and exploiting and work embodying the Performance and/or Audio Portion; and the use any of the rights herein granted for commercial advertising or publicity (including endorsements) in connection with any product, commodity or service manufactured, distributed or offered by Producer.

b. Model hereby assigns and grants to Producer, and its assigns, exclusively and perpetually, all now or hereafter existing rights or every kind or character whatsoever, whether or not such rights are now known, recognized or contemplated, and the complete, unconditional and unencumbered title throughout the world and in any and all languages in and to the results and proceeds of Model?s services and performances pursuant to this Agreement, and any and all material, works, writings, ideas, ?gags,? characters created, or dialogue composed, submitted or interpolated by Model in connection with the preparation or production of the Project. All such material, and the copyright therein, is hereby conveyed to Producer.

c. In connection with the marketing of the Project, Model grants Producer the right to use Model?s stage name, and any other names that Model has used in the past or may use in the future, including those which may be trademarked.

d. Model agrees that Producer may use other persons to ?double? or ?dub? any acts, poses, plays, appearances, voice or sounds attributed to the character portrayed by Model in the Project in such circumstances as Producer, in its sole and complete discretion, shall deem necessary.

6. WAIVERS.

Model understands and agrees that:

a. The Performance and/or Audio Portion may be utilized in conjunction with sexually graphic or explicit materials;

b. Producer shall have no obligation to release or complete the Project, or to even utilize the Performance and/or the Audio Portion in any way;

c. Model shall have no right to inspect or approve the finished product, or its use in the Project or other work;

d. Model releases Producer and his employer, employees, agents, attorneys and assigns from any liability for and by virtue of blurring, distortion, alteration, retouching, optical illusion, or use of the Performance and/or Audio Portion which may hold Model in a false or unfavorable light, whether such action is intentional or otherwise.

e. Model releases Producer, and his employer, employees, agents, attorneys and assigns from any and all claims arising out of this agreement or the use of the Performance and/or Audio Portion including, without limitation, publicity claims, invasion of privacy claims, defamation claims, sexual harassment claims, injuries (both physical and emotional), claims relating to disease or illness (including STD?s), pregnancy, and all other such claims.

f. Model hereby specifically acknowledges that certain records containing personal identification information may be transmitted to subsequent purchasers or licensees of the content produced pursuant to this Model Release. Such information may include, but not be limited to, the information contained in the accompanying Records Keeping Compliance Form, the attached ID?s, and / or the information contained in this Model Release. Model hereby releases and holds Producer, and his agents, successors, and assigns, harmless from any and all claims associated with, or arising from, the transfer or dissemination of the information referenced in this paragraph, to third parties.


7. ATTORNEYS FEES

In the event of any arbitration or litigation permitted under this agreement, the prevailing party shall be entitled to an award of attorneys? fees, including attorneys? fees on appeal or in any enforcement action.

8. OTHER DOCUMENTS AND ACTS.

Each party hereto agrees to execute (with acknowledgment where necessary) and deliver all documents and instruments and to perform such further acts as may be necessary to carry out the agreements set forth herein including but not limited to Records Keeping Compliance forms mandated by 18 U.S.C. § 2257.

The undersigned parties understand that the project is adult oriented entertainment. The undersigned certify that they have entered this agreement of their own free will, and not under the influence of any drugs or alcohol or duress, not under the inducement of any promise not set forth in this agreement. The undersigned represent and warrant that they are over the age of 18, and that each has read the foregoing and fully understands the meaning and effect thereof, and are fully authorized to execute this and fully intend to be legally bound.

PRODUCER: Date:____________ MODEL: Date:______________

______________________________ ______________________________
Print Name of Producer Print Name of Model

______________________________ ______________________________
Signature of Producer Signature of Model


STD TEST CONFIRMATION [Optional]: Model has provided and Producer has examined report of current STD test. (Test must have been performed within the last 30 days.)

__________________ ________________

__________________