model photo consent terms & conditions
1. The Huxley Group Proprietary Limited (trading as the Huxley School of Makeup and Huxley Studio) and its affiliates, directors, officers, trainers, employees, agents and third-party contractors, will be referred to as ‘The Huxley School of Makeup’ or ‘The Huxley Studio’ herein.
2. The model will be referred to as, ‘you,’ ‘the model,’ and ‘model’ herein.
3. This agreement constitutes the entire agreement between you and the Huxley Group
Proprietary Limited, (trading as trading as the “Huxley School of Makeup” and “Huxley Studio”) pertaining to the subject matter of this agreement.
4. This agreement remains in full effect perpetually, or until it is revoked in writing by the Huxley School of Makeup/ Huxley Studio.
5. This agreement supersedes all prior written communication, oral transmissions and any other agreements between the parties relating to the addressed subject matter of the agreement.
6. The Agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland and both parties submit to the non-exclusive jurisdictions of the Courts of Queensland.
7. In the event of any dispute arising between the parties, in respect to, or in connection with this Agreement, will, without prejudice to any right or entitlement available to either party, use their best endeavours to resolve their dispute using negotiation, mediation, independent expert appraisal or any other alternative dispute resolution technique. If resolution cannot be achieved in the matter either of parties may seek resolution before a Court of Law.
8. If any provision of this Agreement shall be held invalid, illegal or unenforceable the remaining provisions of the Agreement shall remain in full force and effect.
9. By signing this document, you agree to enter the Huxley School of Makeup or locations used by the Huxley School of Makeup or the Huxley Studio and use all props and sets at the Huxley School of Makeup or the Huxley Studio entirely at your own risk.
10. The Huxley Group PTY LTD, its affiliates, directors, officers, trainers, employees, agents or third-party contractors are indemnified from liability for any losses, damages, compensation or other remedies, howsoever arising (including but not limited to negligence).
11. You agree the Huxley Group PTY LTD will not be liable for any indirect or consequential loss or damage, howsoever arising, whether in contract or negligence.
12. The Huxley Group PTY LTD in no way attempts to abrogate statutory requirements of liability and in such case, purports to limit liability to the maximum extent provided by law. Where required by law, the Huxley Group’s maximum liability for any action arising under this agreement, howsoever arising and regardless of the form of action and whether in tort or contract, shall be limited to the amount of one Australian Dollar ($1.00).
13. I give the Huxley Group PTY LTD the unrestricted, irrevocable and worldwide permission to use the photograph(s)/images and/or videos therefrom and any other reproductions or adaptations, therefrom, either complete or in part alone, or in conjunction with any wording and/or imagery/videography for all uses including publicity, marketing, commercial purposes and/or merchandising and/or editorial purposes in any country.
14. The Huxley Group PTY LTD owns, and will retain all copyright interest in the photographs/images/videos. You agree you have no ownership or intellectual property rights to the photographs/images/videos.
15. The Huxley Group may assign or sell the rights to the photographs/ images/videos to a third-party without restriction. I understand that I do not have any interest in the copyright to the photographs/images/videos, nor shall I receive any payment in such case.
16. You understand and consent to your name/social media handle(s) being ‘tagged’ in the photographs/images/videos.
17. Photographs/images/videos must not be used for a commercial purpose or for commercial gain without the express permission of the Huxley Group PTY LTD.
18. Using published images on your social media is permitted without improperly representing the Huxley Group PTY LTD and its affiliates, directors, officers, trainers, employees, agents and third-party contractors.
19. If you post the images/videos on social media, you must mention the Huxley School of Makeup (@huxleyschoolofmakeup) or the Huxley Studio @huxleystudioau in the status/ caption and tags.
20. I am over eighteen (18) years of age, are of a sound mind and impart full legal capacity to enter into this agreement. (Models who are under eighteen (18) years of age must provide consent by a parent or guardian.)
21. You hereby agree you have read and understand the terms of this agreement and its implications. You also agree this is the entire agreement between you and the Huxley School of Makeup herein.
22. IF THE MODEL IS UNDER THE LEGAL AGE OF MAJORITY:
I am the parent or legal guardian of the minor, named as the model and I have legal authority to enter into this agreement on behalf of the minor. I have read and fully understand the contents of this agreement and its implications and consent to the said use of image/photographs/videos based on the contents of this agreement.