Model Agreement and Release
Made by the Client and Model/Model Agency.
Client:
HYPEBEAST HONG KONG LIMITED (“Client”) & ON BEHALF OF Converse (“Brand”)
Address:
40/F, Cable TV Tower,
No. 9 Hoi Shing Road, Tsuen Wan, New Territories, Hong Kong
Shoot Date:
June 17th, 2024
Shoot Location:
The Huntington Club
Usage Territory:
Global
Usage Platform:
On client and its affiliate(s)’s owned and/or operating media channels and platforms (regardless to mode and form), including but not limited to websites (such as hypebeast.com, hypebae.com, popbee.com, hbx.com), social media platforms (including but not limited to Instagram,Twitter, Facebook, Instagram, Weibo) magazines and apps. As well as on Brand’s social media platforms; and (ii) thereafter, only for archival purposes and social media archives, in perpetuity.
Additional Terms:
1. Parties acknowledges, agrees and accepts this Model Agreement and Release together with the Standard Terms and Conditions annexed hereto as an entire agreement (collectively referred as “Release”).
Hypebeast Standard Terms and Conditions for Model Release
1. This Standard Terms and Conditions for Model Release is made by Client (together with its parents, subsidiaries, affiliates, photographer(s), successors, licensees, and assigns).
2. Model and Model Agency permits Client to film, videotape, photograph, edit Model’s likeness, image, appearance, actions, voice, conversation, characteristics, mannerism made during the Shoot (collectively “Performance”).
3. For good and valuable consideration, Model Agency and Model hereby unconditionally grants Client irrevocable right and consent (but not obligation) to use the Performance for the purpose and usage set out in the Release, including Model’s name and information supplied by or about the Model Agency and/or
HYPEBEAST Model. This includes the Client’s irrevocable right to publish, republish or otherwise transmit images of Model in any medium for all purposes at its sole discretion (if not specifically provided in the Release).
4. Model Agency on its own and on Model’s behalf, or in the case where Model has no Model Agency, the Model personally, hereby unconditionally waive and release Client from any and all claims, demands, liabilities for invasion of privacy, as well as infringement on any right of publicity, defamation (including libel and slander), intellectual property rights, personal, property and proprietary rights, including but not limited to claims arising out of any use, blurring, altering, distorting or illusionary effect or use in composite form of Model’s name, voice, picture or likeness or out of any faulty reproduction of Model’s name, voice, picture or likeness in the finishes materials produced hereunder.
5. Model Agency releases Client from any claims for remuneration associated with any damage (regardless to
form, foreseen or unforeseen) associated with the partial or entire use of the Performance.
6. Model shall cooperate with Client on what to bring to work. Any requests or conditions of Model and Model Agency must be communicated to Client reasonably in advance, and depending on circumstances, Client
shall endeavour to make the necessary arrangements.
7. If the Model fails to perform the shoot due to sickness, accidents, Client is permitted to terminate the
Release without compensation or payment to the Model and/or Model Agency (as the case may be). Client
is also not required to pay any Fee to the Model and/or Model Agency.
8. In case of cancellation of Release by Client, with or without cause, Client may cancel without obligation and
payment to Model and Model Agency.
9. In the event if Client needs to reschedule due to factors such as weather or unforeseeable circumstances,
Client endeavors to inform Model and Model Agency as soon as feasible.
10. (Where Model is represented by a Model Agency) Model Agency warrants and undertakes it has obtained
full, proper, legal authorization from Model to enter into the Release, and these terms and conditions, for and on behalf of the Model. Model Agency shall indemnify Client absolutely for any claims, demands, liabilities whatsoever which may arise and made by and/or for Model (either directly or indirectly) against Client in connection with the execution and contractual obligations of the Release.
11. (WhereModelisaminor)Parent(orlegalguardian,asthecasemaybe)warrantsandundertakesithasfull, proper, legal authorization to enter into the Release, and these terms and conditions, for and on behalf of the Model. Parent (or legal guardian) shall indemnify Client absolutely for any claims, demands, liabilities whatsoever which may arise and made by and/or for Model (either directly or indirectly) against Client in connection with the execution and contractual obligations of the Release. If the Model of this case is also represented by a Model Agency, Model Agency warrants it has obtained full, proper, legal authorization from the parent or legal guardian of the Model and shall indemnify Client of the same absolutely.
12. (Where Model is of or above legal age) Model warrants and undertakes to have full legal right to enter into the Release.
13. In any event, Model Agency and Model (or Model’s Parent or legal guardian, as the case may be) warrants there is no conflicting commitments or obligations which will interfere with Model’s ability or commitment to perform to the Client services and Performance so required under the Release, or in relation to any rights granted to the Client in accordance with the Release and the terms and conditions herein.
14. The Release is irrevocable and non-cancellable by Model or Model Agency.
15. The Release constitutes the entire agreement between the parties and supersedes any previous
agreements and representations made by the parties (whether verbal or written). Parties may modify the
Release only by way of mutual written agreement.
16. The Release is governed by and construed in accordance with the laws of Hong Kong. In case of dispute,
parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong.