Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076
This modeling agreement, age verification and release (the “Agreement”) made and entered into this day of
2009, (“Effective Date”) by and between Renegade Maidens, an Australian
business, whose business address is Suite 23 – 35 Ashridge Road Darra. Qld 4076 (hereinafter referred to as "Renegade Maidens") and
(hereinafter referred to as the "
Renegade Maidens Participant").
The parties recite that: A. Renegade Maidens is engaged in the business of an online community portal and maintains business premises at Suite 23 – 35 Ashridge Road Darra. Qld 4076. B. The Renegade Maidens Participant is willing to voluntarily contribute to the practices of Renegade Maidens, and Renegade Maidens is willing to engage in the Renegade Maidens Participant’s voluntary contribution, on the terms and conditions hereinafter set forth. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, Renegade Maidens and the Renegade Maidens Participant covenant and agree as follows:
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
Renegade Maidens Participation Agreement Page 1 of 13
Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076
1. Definitions. For the purposes of this Agreement, the terms set forth below shall be defined as follows: 1.1
“Voluntarily” shall mean that the Renegade Maidens Participant contributes, and fulfils the duties of a Renegade Maidens free of charge, including and not restricted to, all services and contributions made throughout the duration of this agreement, unless otherwise agreed upon by both parties, at which a new agreement will be signed.
1.2
“Model Likeness” shall mean the individual image (digital or otherwise) the Renegade Maidens Participant expresses in all Renegade Maidens media, including the Renegade Maidens Participant’s name, nickname, persona, character or characterization, initials, logo, slogan or catch phrase, autograph, facsimile signature, voice, photograph, film, video or new media portrayal, actual simulated or drawn likeness, image, biographical or historical information, any material provided by or statement made (whether oral or written) by Model, physical attributes including but not limited to body art and tattoos, and any other means of endorsement used or useable by Renegade Maidens Participant.
1.3
“Materials” shall mean, in any format (eg, paper or electronic), all photographs (including corresponding negatives or other component parts), film, video, audio, text, statements, Internet content, elements, designs, sketches, creations, documents, tangible or intangible property, deliverables or other intellectual property (including but not limited to copyrights and trademarks) created in connection with or under this Agreement, whether or not delivered to Renegade Maidens.
1.4
“Renegade Maidens Competitor” shall mean any person, entity or organization that competes with Renegade Maidens, including but not limited to any person, entity or organization that creates, develops, manufactures, produces, distributes, markets, licenses or sells events, products or services that compete with Renegade Maidens. The only exceptions being as follows a) a single personality based website b) Internet modeling self promotion website
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
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Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076 1.5
“Services” shall mean the voluntary acts made by the Renegade Maidens Participant in contribution to Renegade Maidens throughout the term of this Agreement, including but not limited to the submission of photo sets on a regular basis and other contributions made on the website.
2.AGREEMENT TO ACCEPT AND BE ACCEPTED Renegade Maidens hereby accepts the Renegade Maidens Participant at the above-mentioned premises, and the Renegade Maidens Participant hereby accepts and agrees to such participation.
3. DURATION OF PARTICIPATION The initial term of participation shall be for one (1) year from the “Effective Date” (the “Initial Term”). At the conclusion of the Initial Term or any additional one (1) year period, this Agreement will automatically be renewed for an additional one (1) year period (each, an “Extension Term”) unless the Renegade Maidens did not perform any Services during such Initial Term or such additional one (1) year period.
4. DESCRIPTION OF THE RENEGADE MAIDENS PARTICIPANT’S DUTIES (Services) Subject to the guidance and pursuant to the guidelines, advice, and direction of Renegade Maidens, the Renegade Maidens Participant shall perform such duties that are as followed:
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
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Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076 Photo Shoots 4.1
The Renegade Maidens Participant shall engage in modeling semi or full nude for individual photo sets to be published on the website and other media related to Renegade Maidens. The photo sets will be created in conjunction with a Resident Renegade Maidens Photographer, and submitted to Renegade Maidens following the guidelines supplied by Renegade Maidens
4.2
The Renegade Maidens Participant must actively organize her own photo shoots.
4.3
The Renegade Maidens Participant must be responsible for choosing her photo sets, and organizing the submission of chosen photo set to Renegade Maidens, in conjunction with the guidelines.
Other content
4.4
The Renegade Maidens Participant may but is not compelled to produce written content in the form of interviews, reviews, and articles relevant to the nature of the website, submitted alongside a photo set and/or periodically in between submitting photo sets.
4.5
The Renegade Maidens Participant may also, but is not compelled to, submit video and audio content in the form of interviews, reviews, and articles relevant to the nature of the website.
4.6
The Renegade Maidens Participant acknowledges that actively fulfilling the duties of a Renegade Maidens requires submission of photo sets AND other content on a basis of which appears to be regular by standards of Renegade Maidens.
Other Renegade Maidens contributions
4.7
The Renegade Maidens Participant is entitled to be apart of other Renegade Maidens events, including but not restricted to burlesque performances and public appearances.
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
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Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076
5. MODEL RELEASE The Renegade Maidens Participant hereby grants to Renegade Maidens, it’s affiliates, agents, successors, licensees and assigns, a perpetual, worldwide, irrevocable, royalty-free, payment-free right and license to the unlimited use of the “Model Likeness” (alone or in connection with others and in connection with any media, now known or hereafter created) worldwide: (i) in and in connection with or relation to the development, manufacturing, marketing, advertisement, licensing, sale, distribution and promotion of any Renegade Maidens events, products/merchandise, services or brands; and (ii) to develop, manufacture, market, advertise, distribute, license, sell, promote and commercially or noncommercially exploit any Renegade Maidens events, products/merchandise and services that include the Model Likeness. Renegade Maidens shall have the right to: (a) transform, edit, alter, distort, modify, add to, subtract from or enhance the Model Likeness; (b) use the Model Likeness clothed, semi-clothed or nude; and (c) transform, edit, alter, distort, modify, add to, subtract from or enhance the Model Likeness that is clothed, semi-clothed or nude. The Renegade Maidens Participant agrees that the Renegade Maidens Participant will have no right to approve any use of the Model Likeness. The Renegade Maidens Participant hereby releases to Renegade Maidens, its affiliates, agents, successors, licenses and assigns from any and all claims and demands that the Renegade Maidens Participant may have now or at any time arising from the performance of the services or
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
Renegade Maidens Participation Agreement Page 5 of 13
Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076 the use of the Model Likeness, including but not limited to claims for personal injury or death, invasion of privacy, defamation, right of publicity or infliction of emotional distress and agrees to indemnify and hold Renegade Maidens, its affiliates, agents, successors, licensees and assigns harmless from all claims arising out of or related to this agreement, including claims related to Renegade Maidens, its affiliates, agents, successors, licensees and assigns. Further, the Renegade Maidens Participant agrees that no third party has or shall have any right of approval over the use of the Model Likeness or will be due any amounts from the use of the Model Likeness.
6. INTELLECTUAL PROPERTY All photographic contributions made by the Renegade Maidens Participant on behalf of herself or the Resident Renegade Maidens Photographer has been released to Renegade Maidens within this agreement and the agreement between the Photographer and Renegade Maidens. Without reservation or limitation, the Renegade Maidens Participant therefore assigns, transfers and conveys the Material to Renegade Maidens, exclusively, irrevocably, and perpetually, together with all rights, title, and interest in and to the Materials throughout the world, including without limitation, the right to enforce its rights in and to secure registrations, renewals, reissues, and extensions thereof. No rights of any kind are reserved to or by the Renegade Maidens Participant or shall revert to the Renegade Maidens Participant who expressly waives any rights of attribution or integrity. The Renegade Maidens Participant further agrees to execute any documents and perform any acts requested by Renegade Maidens to effectuate the terms of this agreement.
7. MANNER OF PERFORMANCE OF THE RENEGADE MAIDENS PARTICIPANTS’S DUTIES
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
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Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076 The Renegade Maidens Participant shall at all times faithfully, industriously, and to the best of her ability, experience, and talent, perform all duties that may be required of and from her pursuant to the express and implicit terms hereof, to the reasonable satisfaction of Renegade Maidens. Such duties shall be rendered at the above mentioned premises and at such other place or places Renegade Maidens shall in good faith require or as the interests, needs, business, and opportunities of Renegade Maidens shall require or make advisable.
8. COMPENSATION FOR PARTICIPATION Renegade Maidens will compensate the Renegade Maidens Participant for their voluntary contribution to Renegade Maidens by the following: •
Full access to the website, when available.
•
Own profile space on the website, when available, where the Renegade Maidens Participant’s contributions made to Renegade Maidens.com will be published with full accreditation.
•
Own profile space on the website, when available, to promote personal interests, business, or other.
•
Opportunity to be apart of Renegade Maidens paid events.
•
Continuous loyalty will see the Renegade Maidens eligible for payment and/or bonus when Renegade Maidens financial situation allows to do so.
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
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Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076 The Renegade Maidens Participant agrees to contribute to Renegade Maidens voluntarily, royalty free and payment free. In the event of future changes to Renegade Maidens’ financial situation where compensation by payment may be available, a new agreement will be signed. Renegade Maidens will not compensate the Renegade Maidens participant, or any person involved, for any expenses incurred in connection with the performance of the Services that are not pre-approved. Renegade Maidens reserves the right to reject and not pay for any Services, which are not requested by Renegade Maidens.
9. TERMINATION This Agreement may be terminated by Renegade Maidens: (i) immediately upon written notice by Renegade Maidens to the Renegade Maidens Participant of the Renegade Maidens Participant’s breach (or threatened breach) of any term of this Agreement; (ii) or upon seven (7) days written noticed for convenience. This Agreement may be terminated by the Renegade Maidens Participant immediately upon written notice by the Renegade Maidens Participant to Renegade Maidens of Renegade Maidens’ breach of any material term of this Agreement, which breach has not been cured or resolved within thirty (30) days after Renegade Maidens received written notice specifying the breach.
10. REPRESENTATIONS & WARRANTIES The Renegade Maidens Participant represents and warrants (i) that the list the Renegade Maidens Participant provided below is a true, accurate and complete list of any name, other than the Renegade
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
Renegade Maidens Participation Agreement Page 8 of 13
Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076 Maidens Participant’s present and correct legal name, ever used by the Renegade Maidens Participant including the Renegade Maidens Participant’s maiden name and any alias, nickname, stage or professional name; (ii) that the Renegade Maidens Participant has entered into this Agreement freely, voluntarily and without reliance on any promises, representations or other statements which are not contained in this Agreement; (iii) the Renegade Maidens Participant has the full right, power and authority to grant the rights granted herein; and (iv) any information provided by the Renegade Maidens Participant, including but not limited to the Renegade Maidens Participant’s identification and age verification documents, are true, accurate and complete.
11. NON-COMPETITION The Renegade Maidens Participant agrees that during the Term, and for one (1) year after the expiration or termination of this Agreement, the Renegade Maidens Participant will not directly or indirectly: (i) (a) model for any “Renegade Maidens Competitor”, (b) be filmed by or for any “Renegade Maidens Competitor”, or (c) be photographed by or for any “Renegade Maidens Competitor”; (ii) grant any “Renegade Maidens Competitor” any right or license to use the Model Likeness or permit any “Renegade Maidens Competitor” to use the Model Likeness; (iii) provide the same, similar or competitive services to those provided to Renegade Maidens under this Agreement to any “Renegade Maidens Competitor”, (iv) sell or otherwise provide Internet, photographic, video, film, audio, text or other creative content to any “Renegade Maidens Competitor”; or (v) own, manage, operate, join, control, finance or participate in the ownership, management, operation, control or financing of, or be connected as an officer, director, employee, partner, member, principal, agent, representative, model or otherwise, to any “Renegade Maidens Competitor”.
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
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Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076
12. NON-SOLICITATION The Renegade Maidens Participant agrees that during the Term, and for one (1) year after the expiration or termination of this Agreement, the Renegade Maidens Participant will not hire (as an employee, agent, or consultant) any employee, adviser or consultant of Renegade Maidens or directly or indirectly seek to persuade any employee, adviser or consultant of Renegade Maidens to discontinue his or her relationship with Renegade Maidens or to become involved with any business which is a Renegade Maidens Competitor, nor will the Renegade Maidens Participant assist anyone else to engage in any of the foregoing. The Renegade Maidens Participant also agrees that during the Term, and for one (1) year after the expiration or termination of this Agreement, the Renegade Maidens Participant will not encourage other Renegade Maidens Participants to cease relations and participation with Renegade Maidens, including but not limited to slandering Renegade Maidens to harm other Renegade Maidens Participant’s judgment of Renegade Maidens.
13. CONFIDENTIALITY Without prior written consent of Renegade Maidens, except to the extent required by an order of a court having competent jurisdiction, or under subpoena from a government body or agency, the Renegade Maidens Participant shall not disclose any trade secrets, proprietary information, customer lists, information regarding product development, marketing plans, financial records, or other financial, commercial, business, or technical information or records relating to Renegade Maidens, including but not limited to the terms of this Agreement (collectively, “Confidential Information”), to any third person, unless
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
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Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076 such Confidential Information has been previously disclosed to the public by Renegade Maidens or is in the public domain (other than by reason of the Renegade Maidens Participant’s breach of this Agreement or by a third party’s violation of its obligation of confidentiality).
14. MISCELLANEOUS The Renegade Maidens Participant’s performance of the Services is in the Renegade Maidens Participant’s capacity as an independent volunteer and nothing contained in this Agreement shall be construed to establish an employer/employee, partnership, agency or a joint venture relationship between the Renegade Maidens Participant and Renegade Maidens. The Renegade Maidens Participant shall acquire no right to use, and shall not use without Renegade Maiden’s express prior written consent, any Renegade Maidens intellectual property. During the Term and for one (1) year after the Term, the Renegade Maidens Participant agrees not to disparage Renegade Maidens in any manner. This Agreement shall be governed by and construed under the laws of the state of Queensland and the parties hereby consent to the exclusive jurisdiction and venue in the courts sitting in Brisbane, Queensland. This Agreement is personal to the Renegade Maidens Participant and may no be assigned by the Renegade Maidens Participant or the duties hereunder delegated. Renegade Maidens shall have the right to assign, sublicense or pass-through any rights contained herein or this Agreement to any third party without approval by the Renegade Maidens Participant. This document contains the entire agreement of the parties regarding the subject matter described herein, and all other promises, representations, understandings, arrangements and prior agreements related thereto are merged herein and superseded hereby provided that the Renegade Maidens Participant agrees that all Services performed or tangible or intangible property created under, delivered to or used by Renegade Maidens pursuant to any preexisting agreement between the parties shall be governed by the terms and conditions of this Agreement.
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
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Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076 The provisions of this Agreement may not be amended, except by an agreement in writing signed by both parties.
15. BINDING EFFECT OF AGREEMENT This agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors, and assigns. Executed on the date first above written.
Renegade Maidens:
Renegade Maidens Participant:
By:
Signature: .
Signature:
.
Name: .
.
.
Title: .
Address: .
Renegade Maidens Participant No:
. . Date of Birth:
.
Phone:
.
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
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Suite 23/35 Ashridge Road Darra, QLD AUSTRALIA 4076 E-mail:
.
Driver’s License No.
.
Passport No.
.
Renegade Maidens Username: .
Email: rmaidens@optusnet.com.au Website: www.renegademaidens.com
Renegade Maidens Participation Agreement Page 13 of 13