模特肖像使用授权书（中英双语版）2025更新.docx

模特肖像使用授权书（中英双语版）2025更新

This Model Portrait Usage Authorization Agreement (hereinafter referred to as the "Agreement") is made and entered into as of [Insert Effective Date], by and between:
The Authorizer (Model/Subject):
[Model's Full Name], a person of legal age with full capacity for civil conduct, identified by [Insert ID Number (e.g., National ID Card Number or Passport Number)], residing at [Insert Full Address], and contactable at [Insert Contact Information (e.g., Phone Number, Email Address)] (hereinafter referred to as the "Model").
The User/Client (Authorizer):
[Company's Full Name], a corporation duly registered under the Unified Social Credit Code [Insert Unified Social Credit Code], with its registered office at [Insert Full Registered Address], and contactable at [Insert Contact Address for Notifications], [Contact Person's Name], [Insert Contact Information for Notifications] (hereinafter referred to as the "User").
Recitals
WHEREAS, the Model possesses certain rights in relation to their portrait;
WHEREAS, the User desires to use the Model's portrait for specified purposes;
WHEREAS, the Model agrees to grant the User a license to use their portrait under the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. Subject Matter of Authorization
1.1 The Model hereby grants, and the User hereby accepts, a license to use the Model's portrait for the purposes set forth in this Agreement.
1.2 The term "portrait" refers to the visual representation of the Model, including but not limited to photographs, videos, images, paintings, sculptures, and any other derivative forms created from the Model's likeness.
1.3 The Model warrants that they are the rightful owner of the portrait rights being granted or that they have the full right and authority to grant this license.
2. Purpose of Use
2.1 The User is authorized to use the Model's portrait solely for the following purposes:
(a) Advertising for the promotion of [Insert Specific Product, Service, or Brand];
(b) Marketing activities related to [Insert Specific Project or Campaign Name];
(c) Inclusion in [Insert Specific Media, e.g., website, social media platforms (please specify which ones, e.g., Weibo, Instagram), print advertisements, posters, brochures, exhibitions, film, television, radio];
(d) Other related uses that are reasonably necessary to achieve the objectives outlined above.
2.2 The User shall not use the Model's portrait for any purpose that is illegal, unethical, offensive, or derogatory to the Model's reputation, or for any purpose that implies or suggests the Model's endorsement of the User's products, services, or stance, unless otherwise explicitly agreed upon in writing by the Model prior to such use.
3. Scope and Term of Authorization
3.1 The license granted herein is [Choose one: (a) Exclusive / (b) Non-Exclusive]. This means [If Exclusive: the User shall not grant any similar license to any third party for the same or similar purposes during the term of this Agreement; If Non-Exclusive: the User may grant similar licenses to other third parties for the same or similar purposes during the term of this Agreement, subject to the terms of this Agreement].
3.2 The Model shall have the right to request reasonable modifications to the portrait for specific uses, provided such modifications do not fundamentally alter the Model's recognizable features or violate the Model's dignity. The User shall not be obligated to make modifications unless otherwise agreed in writing.
3.3 The term of this Agreement shall commence on [Insert Start Date] and shall continue until [Choose one: (a) [Insert End Date]; (b) the completion of the specific project/campaign for which the portrait is used; (c) the expiration of [Insert Number] years from the Start Date; (d) such other duration as is specified in a separate schedule attached hereto and incorporated by reference].
3.4 The Model's portrait may be used globally [Choose one: (a) within the People's Republic of China / (b) Worldwide].
4. Compensation and Payment
4.1 In consideration for the license granted herein, the User shall pay the Model the following compensation:
(a) A fixed fee of [Insert Amount in Currency, e.g., USD XXXX / CNY XXXX], payable upon execution of this Agreement.
(b) [Or specify other payment terms, e.g., XX% upon signing, XX% upon delivery of final images, XX% upon project completion].
4.2 The payment shall be made by [Choose one: (a) bank transfer to the following account: Account Name: [Account Name], Account Number: [Account Number], Bank: [Bank Name], Branch: [Branch Address]; (b) check payable to [Payee Name] at [Address for Checks]].
4.3 All amounts are [Choose one: (a) subject to all applicable taxes, which shall be borne by the User / (b) net of all applicable taxes, which shall be borne by the Model / (c) net of tax, with the prevailing tax rate borne by the User as per the laws of the governing jurisdiction]
5. Delivery of Model Images
5.1 The User shall receive the Model's portrait in the following format(s): [Insert Specific Format(s), e.g., high-resolution JPEG files, unwatermarked PNG files, video files in MP4 format].
5.2 The User shall receive the final deliverables by [Insert Delivery Date or Mechanism, e.g., email attachment dated not later than XX days after the completion of the photoshoot / provided via secure file transfer link by XX date].
6. Rights and Obligations of the User
6.1 The User shall use the Model's portrait strictly in accordance with the terms and conditions of this Agreement.
6.2 The User shall ensure that the use of the Model's portrait does not infringe upon the rights of any third party.
6.3 The User shall provide the Model with [Insert any required usage reports or confirmations, e.g., copies of advertisements featuring the Model's portrait] upon request within a reasonable timeframe.
6.4 The User shall protect the Model's portrait files from unauthorized access, duplication, or distribution and shall only use them for the authorized purposes.
7. Rights and Obligations of the Model
7.1 The Model shall provide the User with the Model's portrait in a timely and professional manner, as reasonably requested by the User for the authorized purposes.
7.2 The Model shall not, during the term of this Agreement, grant any license or permission to any third party to use the Model's portrait for the purposes covered by this Agreement, unless such third party is the User under this Agreement [If Non-Exclusive] or unless provided for in this Agreement [If Exclusive].
7.3 The Model shall cooperate with the User to the extent necessary to facilitate the use of the Model's portrait for the agreed purposes, including participating in photoshoots or recordings as reasonably requested and scheduled.
8. Intellectual Property
8.1 The Model retains all rights in and to their portrait, including but not limited to the copyright in the original photograph or image capture, if applicable.
8.2 The User is granted only a limited license to use the Model's portrait as specified herein. The User does not acquire any ownership interest in the Model's portrait or any copyright in derivative works created solely from the Model's likeness under this Agreement, unless otherwise explicitly agreed upon in a separate written agreement.
9. Confidentiality
9.1 Each party agrees to keep confidential all non-public information disclosed by the other party to it in connection with this Agreement (the "Confidential Information") and not use such Confidential Information for any purpose other than fulfilling its obligations under this Agreement.
9.2 The obligations of confidentiality shall survive the termination of this Agreement for a period of [e.g., two (2) or five (5)] years from the date of termination or disclosure, whichever is later, with respect to all Confidential Information.
10. Governing Law and Dispute Resolution
10.1 This Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China.
10.2 Any dispute, controversy, or claim arising out of or relating to this Agreement, including its breach, termination, or invalidity, shall first be attempted to be resolved through good faith negotiation between the parties.
10.3 If the dispute cannot be settled through negotiation within [e.g., thirty (30)] days from the date of any such request, the parties agree to submit the dispute to the [Choose one: (a) Arbitration Court of the China International Economic and Trade Court (CIETC), Beijing International Arbitration Center (BIAC), Shanghai International Arbitration Center (SHIAC), or specify another arbitral institution] for arbitration. The仲裁 rules [specify rules, e.g., the Arbitration Rules of CIETC] shall govern the arbitration. The seat of arbitration shall be [Specify City, e.g., Beijing/Shanghai]. The award rendered shall be final and binding upon both parties.
11. Amendment and Termination
11.1 This Agreement may only be amended or modified in writing and signed by authorized representatives of both parties.
11.2 Either party may terminate this Agreement prematurely upon [Choose one: (a) thirty (30) days' written notice to the other party for cause / (b) written notice to the other party for no cause, if applicable] if the other party breaches any material term or condition of this Agreement and fails to cure such breach within the notice period.
11.3 Upon termination or expiration of this Agreement, the User shall immediately cease all use of the Model's portrait and shall destroy or return all copies of the Model's portrait in its possession or control, except to the extent permitted by law or required for the purpose of enforcing this Agreement.
12. Notices
All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed given (a) when delivered personally; (b) upon confirmation of receipt when sent by email; or (c) upon deposit with a nationally recognized overnight courier service, or upon three (3) days' mailing if sent by certified or registered mail, return receipt requested, postage prepaid. All notices shall be addressed to the parties as follows:
To the Authorizer:
[Insert Address for Authorizer Notifications]
[Insert Contact Person for Authorizer Notifications, if different]
To the User:
[Insert Address for User Notifications]
[Insert Contact Person for User Notifications, if different]
13. Entire Agreement
This Agreement, including any referenced schedules, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether oral or written.
14. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Model Portrait Usage Authorization Agreement as of the date first written above.
For and on behalf of the Authorizer (Model/Subject):
_________________________
[Model's Signature]
[Model's Full Name]
Date: [Insert Date of Signing]
For and on behalf of the User/Client:
_________________________
[User's Representative Signature]
[User's Representative Name]
Date: [Insert Date of Signing]