MODEL APPEARANCE AGREEMENT AND RELEASE
This Model Appearance Agreement and Release (this “Agreement”), dated as of the date set forth above (the “Effective Date”), is between the undersigned individual (“Model”) and VBC Camv LLC (“Operator”).
WHEREAS, the Operator is the operator of an adult content streaming cam website at Camversity.com and its affiliated websites (the “Website”) and Model desires to appear on the Website in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows:
1. Record Keeping Requirements. Model represents and warrants that Model is at least eighteen (18) years old or at least the age of majority in Model’s location, whichever is higher. Model agrees and acknowledges that Operator complies with 18 U.S.C. § 2257, 28 C.F.R. Part 75 and therefore inspects, collects and keeps certain personal identification information concerning Model in accordance with 18 U.S.C. § 2257, 28 C.F.R. Part 75 and related statutes, regulations and other laws. Model shall provide Operator with all information and documentation Operator deems necessary or desirable to comply with the foregoing laws. Model shall provide Operator with only truthful, accurate and complete information and documentation, including valid and lawfully obtained government-issued picture identification cards. Model represents and warrants that Model is providing and will provide only truthful, accurate and complete information and documentation to Operator. Model understands and acknowledges that Operator may disclose Model’s personal information and documentation upon demand of an authorized law enforcement official or other authorized party and other third parties requesting such information in order to comply with applicable law and/or in the discretion of Operator. Model waives any claim Model has or may have or may in the future have under any law for damages or any other relief as a result of any disclosure or keeping of the personal information and documentation kept by Operator hereunder, even if such claims arise from Operator’s improper or wrongful disclosure or safekeeping. Model shall truthfully, accurately and completely complete the Performer Names Disclosure Statement, Verification and Release attached hereto. Model will not hold him/herself out to be less than eighteen (18) years old or the age of majority in Model’s location, whichever is higher.
b. Model acknowledges that Model has no obligation to appear on the Website at any time, whether for tips or otherwise. Model acknowledges that Model is in sole control of when and how Model appears on the Website (as long as in accordance with this Agreement and applicable law). Model acknowledges that Model’s appearance on the Website shall be for the benefit of the Website’s users. Model acknowledges that any user of the website over the age of majority in the user’s jurisdiction may be able to access and view Model’s appearance on the Website.
c. Without limiting the other provisions of this Agreement or the Terms or any further posted rules and regulations on the Website, and acknowledging that Operator may modify this list at any time in its sole discretion, Model shall not engage in, show, imply or offer any of the following activities, things or persons on the Website at any time and Model acknowledges that the Operator may immediately terminate Model’s use of the Website without warning for violation of the same (and Model will forfeit the right to any compensation otherwise earned as a result of the following):
i. Minors, children, babies may not be on camera or even in the same room as Model.
iii. Sex with a Male while streaming.
iv. Third parties unless such third party has also been approved to appear on the Website by Operator in Operator’s sole discretion.
v. Bestiality or any sort of sexual or provocative act or context with any animal or pet.
vi. Urination, defecation or engaging in an enema.
vii. Use of overly large sex toys or sex toys of unusual shape or use of any object a sex toy unless it is normally marketed and sold for use as a sex toy.
ix. Injuring Model or any other person, violence, cutting, blood, torture, asphyxiation or any other activity that risks injury to any person.
x. Menstrual bleeding.
xi. Breastfeeding or lactation.
xii. Intoxication of any kind (including through alcohol, medication, narcotics or any other drug).
xiii. Use of any form of illegal substance or drug.
xiv. Sleeping (whether actual or simulated).
xv. Incest or any other form of sexual contact or context between family members.
xvii. Escorting, prostitution, or solicitation.
xix. Advertisement, marketing or promoting of any other other cam website or service competitive with the Website.
a. Model acknowledges that the Website operates on a token basis whereby users of the website may choose to pay tokens as tips, for shows or otherwise. Model acknowledges that that Operator shall pay Model five cents ($0.05USD) for each Token earned by Model (but accounting for refunds and chargebacks, for which Model shall not be paid) (the “Compensation”). The Compensation rate may be changed at any time by the Operator upon thirty (30) days’ notice to Model. The Compensation shall be paid in accordance with the Operator’s standard practices as may be established or modified from time to time. Operator may require Model to complete certain tax documents and may withhold all Compensation accrued until such time as Model submits these documents to Operator. Operator may suspend Model’s use of the Website until such time as Model submits the required documents. Operator assumes no responsibility for paying any taxes, withholding, banking commissions or currency fees on Model’s behalf and Model agrees and acknowledges that Model assumes complete and sole responsibility for any taxes, withholding, banking commissions or currency fees owed as a consequences of Model’s appearance on the Website and the Compensation. However, if Operator is required to deduct, withhold, or otherwise pay any taxes under any provision of applicable law, then Operator may deduct and withhold from Model an amount equal to any such deduction, withholding or taxes and all such amounts shall be treated as if paid under this Agreement.
b. Model acknowledges that Operator does not guarantee that any tips will be received by Model at any time and that all tipping is optional to users, including whether or not the user will tip and how much the user will tip (although Operator may, in its discretion, permit Model to set minimum tips).
4. Acknowledgement and Waiver; Explicit/Sexual Activities. Model understands and agrees to the following and waives all claims that may relate or arise from the following: (a) the Website contains and Model may engage in sexually graphic or explicit conduct, activities and/or material; (b) Model may, in Model’s discretion, engage in sexual acts, simulated or actual, without any change in the rate of compensation; (c) Operator shall have no obligation to release Model’s appearance or continue to permit Model to appear on the Website or to market Model’s appearance; (d) Model acknowledges that the Website and Model’s activities may hold Model in a false or unfavorable light, whether intentional or otherwise; (e) Model, in Model’s discretion, and subject to any other restrictions herein, may be engaging in sexual acts with others that will be of an explicit or dangerous nature (including, potentially, oral sex, anal sex, group sex or otherwise) and that Model is engaging in all such acts voluntarily, knowing that Model has the right to stop at any time without penalty; (f) Operator may prohibit Model from wearing any apparel bearing a logo, trademark or copyright without the express, prior consent of Operator; (g) Operator may require Model to use a condom.
5. Grant of License.
a. Model hereby grants to Operator the full rights and license to use Model’s likeness, performance and any other content, expression or otherwise arising from Model’s appearance on the Website, including, without limitation, the following perpetual rights: (i) to photograph or otherwise reproduce all or any part of Model’s performances, acts, poses, play and appearances of every kind and nature made or done by Model in connection with Model’s appearance; (ii) to record or otherwise reproduce Model’s voice and all musical, instrumental or other sound effects produced by Model in connection with Model’s appearance on the Website and reproduce, issues, sell and transmit the same; (iii) to exhibit, sell, assign, transmit and reproduce and license others to do the foregoing, whether by means of, without limitation, motion pictures, still camera photographs, radio, television, televised motion pictures, video discs, video cassettes, video tapes, printing, or any other means now known or unknown of Model’s appearance on the Website; (iv) to use Model’s appearance on the Website in connection with the advertising and exploitation of the Website; (v) to use Model’s appearance on the Website, or any part thereof, as a portion of a motion picture or other work other than the Production, 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; (vi) to cut, edit, add to, subtract from, arrange, rearrange, shorten and revise the Model’s appearance in any manner as Operator may, in its sole and complete discretion, determine and, from time to time, to change the title of the Website. Without limiting the foregoing, Model acknowledges and agrees that Model is hereby licensing to Operator all rights and title to any films, recordings, photographs and other expressions, and the results of the Model’s appearance (including performances performed by Model on or uploaded to the Website) to Operator.
b. Model hereby grants Operator the perpetual rights to exploit and to license others to exploit, Model’s name and biography and reproductions of Model’s physical likeness and/or voice for the purpose of advertising and exploiting any product embodying the Model’s appearance on the Website and the right to use any of the rights herein granted for commercial advertising or publicity (including endorsements) in connection with any product, commodity or services manufactured, distributed or offered by Operator.
c. Model hereby licenses to Operator, perpetually, all now or hereafter existing rights of 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 word in and to the results and proceeds of the Model’s appearance on the Website, and any and all material, works, writings, ideas, gags, characters created or dialogue composed, submitted or interpolated by Model in connection with her appearance on the Website. All of the foregoing, including any copyrights or other proprietary rights therein, are hereby licensed to Operator.
d. Model grants Operator the right to use Model’s stage name, and any other stage names that Model has used in the past or may use in the future, including those which may be trademarked.
e. Model hereby waives any “moral rights” or any analogous rights, however denominated, in every jurisdiction. Model agrees that all works created hereunder are and shall be deemed “works made for hire.”
f. Sexually Transmitted Diseases. Without acknowledging that Model may engage in any sexual acts with third parties on the Website (the terms of which shall be controlled by the rules and terms set forth on the Website), if Model does engage in any sexual acts with third parties on the Website: (a) Model agrees to provide such third party with a true, correct and unaltered copy of the results of tests for H.I.V. and other industry standard tested sexually transmitted diseases performed at an accredited clinic, showing that Model is not infected with any such diseases. Said tests must have been performed within 14 days prior to Model’s performance of any sexual acts. (b) Model agrees to personally inspect the test results of any co-performer with whom Model is to perform or engage in any sexual acts and to notify Operator of any reasonable doubts Model may have as to the acceptability or validity of that co-performer’s documentation. (c) Model hereby declares, understands and agrees that Model is aware of the risks of contacting sexually transmitted diseases, and expressly and in perpetuity agrees to assume any and all risks of contacting any sexually transmitted disease while engaged in sexual acts. Model hereby releases, indemnifies and shall hold Operator harmless against any claims that Model contracted a sexually transmitted disease or if Model passed a sexually transmitted disease to a co-performer or any other party.
6. Appearance by Third Parties. Model shall not permit any third parties to appear on the Website on Model’s account or otherwise unless such third party has also been approved to appear on the Website by Operator in Operator’s sole discretion.
7. No Employment or Benefits. Model acknowledges that Model is not an employee of Operator, but an independent contractor (being self-employed). Model acknowledges that Model is not entitled to any benefits from Operator, including group insurance, liability insurance, disability insurance, paid vacation, sick leave or other leave, retirement plan, health plan, premium "overtime" pay, or any other benefit. Should Model be deemed to be entitled to any benefits or employee rights from Operator by operation of law or otherwise, Model expressly waives all such benefits. As an independent contractor, Model will look exclusively to Model to: (a) pay or withhold as required, national, federal, state, and local employment taxes or other taxes or payments (Model will provide Operator with suitable evidence of payment upon request); (b) provide worker’s compensation or analogous coverage to the extent required by law; (c) pay the premium "overtime" rate for overtime hours if required. Operator shall not bear any responsibility to pay or withhold any of these taxes or other payments. In the event any individual or entity brings or threatens to bring a claim against Operator related to the status, acts or omissions of Model, Model agrees to cooperate with Operator. Model’s cooperation shall include providing accurate factual information to support Model’s representations of Model’s status as being self-employed.
8. Representations and Warranties and Additional Covenants. Model represents, warrants and covenants as follows: (a) Model is in good health and has no medical, physical or emotional conditions that may interfere with Model’s appearance on the Website; (b) Model will not be under the influence of any medication or drugs that will impair Model’s ability to appear on the Website or that may impair Model’s judgment while appearing on the Website; (c) Model’s appearance is not subject to any union or guild collective bargaining agreement; (d) Model is not bound by any agreement or other existing or previous business relationship which conflicts with or prevents the full performance of Model’s duties and obligations to Operator hereunder or Model’s appearance on the Website; (e) Model’s appearance will not violate or infringe upon any rights of any third party and will not cause Model to be in breach or violation of any agreements to which Model is a party; and (f) MODEL HAS BEEN FULLY INFORMED AS TO THE SEXUAL AND OTHER NATURE OF THE WEBSITE, THAT MODEL IS VOLUNTARILY PARTICIPATING IN THE APPEARANCE AND THAT MODEL ASSUMES ALL RISKS RELATING TO SUCH PARTICIPATION AND THE SERVICES.
9. Remedies Upon Breach. Model agrees that any breach of this Agreement by the Model would cause irreparable damage to Operator. Operator shall have, in addition to any and all remedies of law, the right to an injunction, specific performance or other equitable relief to prevent any violation of Model’s obligations hereunder, without the necessity of posting a bond.
10. Release. To the maximum extent permitted by law, Model, for herself/himself and on behalf of Model’s heirs, executors, agents, successors and assigns, hereby releases, holds harmless and forever discharges Operator and its officers, directors, agents, managers, shareholders, members, employees, attorneys, affiliates, representatives, successors and assigns (the “Released Parties”) from any and all claims, actions, damages, losses, attorney’s fees, liabilities, costs, expenses, injuries or causes of action whatsoever that in any way are caused by, arise out of or result from this Agreement, the Website, the Model’s appearance on the Website and/or the distribution of the Model’s appearance, on any legal theory whatsoever, regardless of whether caused by the negligence or willful conduct (or misconduct) of the Released Parties.
Civil Code Section 1542 Waiver: Model expressly waives the rights provided under California Civil Code Section 1542, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Model represents and acknowledges that Model understands the significance of a California Civil Code Section 1542 waiver and Model assumes full responsibility for, and risk of, any damages or losses caused by this waiver.
11. Indemnification. Model shall defend, indemnify and hold harmless the Released Parties from any and all claims, actions, damages, losses, liabilities, costs, attorney’s fees, expenses, injuries or causes of action arising from or related to Model’s breach, alleged breach and/or anticipatory breach of this Agreement.
12. Waiver. Any waiver by Operator of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach hereof.
13. Severability. If one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to scope, activity or subject matter so as to be unenforceable at law, such provision(s) shall be construed and reformed by the appropriate judicial body by limiting and reducing it (or them), so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear.
14. Assignment. Operator shall have the right to assign this Agreement to its successors and assigns and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by the successors of Operator. Model may not assign this Agreement.
15. Entire Agreement; Modifications; Termination. This Agreement represents the entire agreement of the Parties. Any modification of this Agreement must be in writing and signed by both Parties. Operator may terminate this Agreement at any time. Termination of this Agreement shall only terminate Sections 2 and 3 of this Agreement, and all other Sections of this Agreement shall continue in full effect.
16. Governing Law; Jurisdiction; Disputes. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California without regards to its conflict of laws provisions. The Parties agree to the exclusive jurisdiction of the courts in Los Angeles, California. MODEL AGREES THAT MODEL MAY BRING CLAIMS ONLY IN MODEL’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
17. Arbitration. Any controversies, disputes, actions, causes of action or other claims between the Parties arising out of or relating to this Agreement, or the breach, termination or validity hereof (a “Controversy”) shall be finally settled by binding arbitration before a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules & Procedures (modified only as herein expressly provided). The arbitrator shall be experienced with regard to commercial disputes of the type for which arbitration is being sought. The arbitration shall be before one arbitrator mutually agreed upon by the parties. The parties agree that the arbitration will be held in Los Angeles, California, or in such other place as the parties may mutually agree upon. The arbitration will be held in accordance with and subject to the procedural and substantive laws of the State of California. The arbitrator may enter a default decision against any Party who fails to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute with respect to such Controversy will be final, non-appealable and binding and judgment on the award may be entered in any court having jurisdiction thereof. The parties agree that this clause has been included to rapidly and inexpensively resolve any Controversy, and that this clause shall be grounds for dismissal of any court action commenced by any party arising out of or relating to this Agreement or the breach, termination or validity hereof; provided that nothing in this Section nor this Agreement shall limit any party’s right to bring (i) post-arbitration actions seeking to enforce an arbitration award or (ii) actions seeking injunctive or other similar relief in the event of the breach or threatened breach of any of the provisions of this Agreement. The language used in the arbitral proceedings will be English. Model hereby agrees that as part of the consideration for these terms, Model is hereby waiving any right Model may have to a trial by jury for any dispute between the Parties arising from or relating to this Agreement or the Website. This provision shall be enforceable even in the case that the arbitration provisions or any other provisions of this Agreement are waived.
18. Notices. All notices must be in writing. Operator may send notices to Model to the email address that Model must provide along with Model’s execution of this Agreement. Operator may also provide notice to Model through the Website. Model may send notices to Operator at [email protected] Notices will be deemed effective upon delivery.
19. Construction. The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. As used in this Agreement, the term “including” is illustrative and not limitative. As used herein the masculine form shall refer to the feminine where necessary, and vice-versa. If these Terms or any other documents between you and us are translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.
20. Electronic Signature. Model agrees and acknowledges that by typing Model’s name below Model is intending it to stand in the place of an be equally as binding on Model as if Model had signed this document manually. Model understands that Model may retain a paper copy of this agreement for Model’s personal records.
Model represents that Model has read, understands and agrees to the terms of this Agreement, has had an opportunity to ask any questions and to seek the assistance of an attorney regarding their legal effect, and is not relying upon any advice from Operator.
IN WITNESS WHEREOF, the undersigned Model has executed this Agreement as of Effective Date.
PERFORMER NAMES DISCLOSURE STATEMENT,
VERIFICATION AND RELEASE
Production Name: Camversity.com Operator Name: VBC Camv LLC
I, __________________________________________, understand that the Operator of the production I am participating in complies with 18 U.S.C. § 2257, 28 C.F.R. Part 75 and related statutes, regulations and laws to examine a government-issued picture identification card to determine my legal name and date of birth. Furthermore, pursuant thereto, I understand that the Operator is required to obtain from me a record of all my names and aliases to thereafter be maintained in the records of the Operator. I hereby present this document with the foregoing information and with the documentation being provided to the Operator concurrently herewith, in accordance with the referenced laws.
FULL LEGAL NAME: __________________________________________________________
CURRENT PERFORMER ID ON WEBSITE: ______________________________
DATE OF BIRTH: ______________________________________________________________
PLACE OF BIRTH: _____________________________________________________________
CURRENT RESIDENTIAL ADDRESS: ____________________________________________
GOVERNMENT IDENTIFICATION NUMBERS (E.G., SOCIAL SECURITY NUMBER, ALIEN NUMBER OR GOVERNMENT ISSUED IDENTIFICATION NUMBER): __________
TELEPHONE NUMBER: ________________________________________________________
EMAIL ADDRESS: ____________________________________________________________
ALL STAGE NAMES: __________________________________________________________
ALL PROFESSIONAL NAMES: __________________________________________________
ALL NICKNAMES AND ALIASES: _______________________________________________
ANY OTHER NAMES NOT LISTED ABOVE (INCLUDING PREVIOUS LEGAL NAMES):
I HEREBY AM PROVIDING THE FOLLOWING DOCUMENTS CONCURRENTLY HEREWITH:
- Copies of both sides of government-issued photo identification
- Picture of me holding my government-issued photo identification near my face
- Any further documentation requested by Operator to confirm my age and identity
I hereby state under the pain and penalties of perjury that the following information is true, correct and complete to the best of my knowledge and that the provided documentation is a true, correct, complete, valid and unexpired government issued photo identification card that was not obtained by fraud or deception of any kind. I further state under the pains and penalties of perjury that I am over eighteen (18) years of age, or, if the age of majority in my legal jurisdiction is greater than eighteen (18) years of age, then I am over such age. I further affirm, under the pains and penalties of perjury, that the names and aliases I have listed on this document are all of the names and aliases that I have ever used or by which I have ever been known.
Without limiting or otherwise prejudicing the provisions of any other agreement I may have with the Operator, I agree to indemnify and hold Operator harmless for my breach of any covenant, representation or warranty in this document or the documentation being provided herewith, including, without limitation, if I provide any false information or documents to Operator. I also hereby agree to release Operator and its affiliates from any liability arising out of my breach of any covenant, representation or warranty in this document, including, without limitation, if I provide any false information or documents to Operator. I acknowledge that operator received this document and the documents provided herewith in good faith and that Operator took a good faith effort to ensure that I was in compliance with the requirements herein.
Printed Full Legal Name: ___________________________________
Date of Birth: _____________________________________