AGREEMENT FOR USE OF IMAGES BY AUTHOR
AGREEMENT TO USE IMAGES WITHOUT ROYALTIES AND/OR ANY
This agreement is made on this …………..Day of …………….2019 between ……………….
(Referred to as the author) in the one hand And ………….. (Referred to as the Model) on the
other in Australia.
1. The owner of the book has contracted the model in this book(s) for purposes of fixing
your pictures or images in the said books for no consideration or compensation
2. The Model on the other hand has agreed to the terms of the contract that there shall be no
any royalties, compensation or consideration accruing from the pictures of the model
being in the authors’ book.
NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:-
a) GRANT OF RIGHTS
1. The author of the book as obtained all rights form the model herein to use his or her
image in furtherance of the book published with the full consent of the model. The author
reserves the right to use the said image in any manner in so far as it is in the said book
without any royalties accruing to the model herein. The model does not also reserve any
right to waive the provisions of this contract save as herein expressly indicated and in
accordance to paragraph 14 of part (b).
2. The author also reserves the right to use the image of the model in any page and in any
manner so long as the said image is affixed in the book. Any image of the model used
after any page or part of the book is extracted shall be construed to be part of the full
grant of rights as donated by the model.
3. The model also grants the author full rights to use his or her image in as many books as
possible so long as the image is for the agreed book.
4. For the purposes of publishing, the model grants the author the full rights to publish the
book in English or any other different language using the same image without requiring
the consent of the model.
5. The Model also agrees to grant the author full rights to use his or her image in future
editions of the same book which the model’s picture appears without requiring any new
consent and/or grant of rights from the said model.
6. It is also agreed that the model shall reserve no rights as to choose which part of the book
his or her image shall appear.
7. The Author also has rights throughout the world to sell the book including but not limited
to hard copy, soft copy or any other means without any written or oral consent of the
8. Sale may be effected through free gifts to the buyer whereupon the written consent of the
model shall not be required.
9. Nothing in this contract shall be construes as to give any time limitation on the use of the
Model’s image in any book.
10. The Author shall also reserve the rights all over the world to license the works of the
book under which the model appears without any royalties, compensations, payments or
otherwise going to the model.
11. Any book which the model appears shall or may be produced in any form including
PDFs, and CD-ROM without any consent of the model. The parties therefore agree that
the model shall have no right to authorize the form of publication of the book.
12. The author shall not reserve the right to dictate the image form or quality to be adapted
by the author.
13. The model shall be expected to conduct himself or herself in a professional manner
during the continuance of his or her picture being used by the author. The author reserves
the right to expunge the picture of the model in the event of any misconduct such as :
1. Being convicted and sentenced in a court of law.
2. Being involved in social ills such as production of pornographic content.
3. Being involved in any anti-political activities such as revolutions.
4. When it is a matter of public interest that the person’s image be removed.
5. Any other reason that the author may deem fit as to necessitate the removal of
b) WAIVER OF RIGHTS
14. Save as otherwise expressly agreed between the parties and in writing, no omission to the
provisions of the rights contained herein shall serve as a waiver of the aforesaid rights
between the parties. Any waiver in writing shall not be construes as having a subsequent
effect on future waivers. The parties therefore agree that any waiver of right shall be
independent and on a case to case basis.
c) IMPLIED TERMS OF THE AGREEMENT
The parties to this agreement mutually agree as follows as regarding the implied terms of
15. The current and/or future relationship between the parties to this agreement shall in no
way be construed as a joint venture.
16. The terms of this contract shall not be construed as to make the model an agent, partner,
employee and/or servant of the author.
17. The author shall not use the image of the model for any other purpose other than that in
furtherance of the book.
18. The model shall not be entitled to any compensation from the author.
19. The image shall not be used for production of any pornographic content.
20. The copyrights of using the said images shall be reserved by the author and not the
model. It is therefore agreed that the model does not reserve any intellectual property
rights over the image used by the author. As such, the author shall not require the
subsequent permission of the model for any other activities in furtherance of authorship
such as editing and publishing.
21. In the event of an alleged breach by the model, the author shall have the right to explain
the same in person or through the use of a counsel. The same right shall apply for the
22. The model shall not be entitled to any proceeds of revenue from the sale of books.
d) DISPUTE RESOLUTION
23. The parties herein agree that in case of any dispute, the following shall be the steps to
i. The parties shall in as so far as it relates to them ensure they solve the
dispute through alternative dispute resolution. The parties agree to subject
the dispute to mediation as followed by arbitration. The parties further
agree that alternative dispute resolution shall in all cases be given the first
priority before application of the legal mechanisms.
ii. The parties agree that in case of any dispute that may not be solved using
the aforementioned means, they shall resolve the use of the Australian
Judicial System which shall apply Australian law relating to contracts and
dispute of contracts.
e) TERMINATION OF CONTRACT
24. Save as otherwise agreed, the model shall not terminate this contract except in writing.
The model shall give a three months’ notice of intention to terminate this contract. Any
shorter notice shall be construed as a breach of the terms of the contract and shall be
subject to dispute resolution mechanism.
25. The author also reserves the right to terminate the contract with the model after giving a
26. The grounds for termination shall include but not limited to the provisions of paragraph
16 herein above.
27. Upon termination, the model shall not claim any dues from the author be it gratuity or
any other payment in lieu of termination.
28. Upon termination, the model shall have no right to demand any of his or her photographs.
29. The author shall upon termination reserve the right to remove the picture of the model
from the book forthwith without any form of royalties, payments, compensations and/or
consideration being accorded to the model.
30. This agreement shall be binding upon the heirs, executors, administrators, and assigns of
the Author, and upon the successors and assigns of the Model.
31. This agreement constitutes the complete understanding of the parties. No modification or
waiver of any provision shall be valid unless in writing and signed by both parties.
32. Except for loss or damage due to its own negligence, the Publisher shall not be
responsible for loss or damage to any property of the Author.
33. Discontinuance of publication does not construe discontinuance of using the models
picture in the book by the author.
34. The parties to this agreement shall ensure mutual relationship.
35. No provision whatsoever of this agreement shall be construed as to mean that the model
and the author are in a relationship for perpetuity as the author reserves the right to
terminate even though the contract does not have a time limitation.
36. The laws governing this agreement shall be the law of Australia regardless of the
nationality of the model.
37. This agreement constitutes the entire agreement between the parties hereto and shall not
be modified, amended or changed in any way except upon a written agreement signed
by both parties.
IN WITNESS WHEREFORE the parties have set their respective hands the day and year
herein before written.