Image Use & Publication Agreement
This agreement sets out the conditions governing the use, publication and distribution of photographs created during a Kween Gallery workshop.
It applies between the Photographer, the Model and, where applicable, Kween Gallery as Organizer.
This agreement must be signed by the Photographer and the Model at the beginning of the workshop, before any photography session takes place. By signing this agreement, each party confirms that they have read, understood and accepted its terms.
1. Rights of use of the photographs
The Photographer retains the copyright and authorship rights to the photographs they create during the workshop.
Subject to the Model’s rights concerning their image, the Photographer is authorized to use the photographs created during the workshop under the following conditions:
Personal & Artistic Use
The Photographer may use the photographs for personal and artistic purposes, including on social media, their website, portfolio, personal exhibitions, competitions and presentations of their work.
When photographs contain nudity, including partial nudity, the Photographer agrees to crop, cover, blur or otherwise adapt the relevant areas whenever necessary to comply with the rules and guidelines of the platform on which the images are published.
Own commercial use
Any commercial use of a photograph created during the workshop requires the prior consent of the Model, whether or not the photograph contains nudity.
This includes, in particular, prints intended for sale, the sale of artworks, paid exhibitions, promotion of products or services, and any other commercial exploitation directly related to the Photographer’s professional activity.
Editorial publication
Any publication of a photograph in a magazine, book, newspaper, press publication, online media or other editorial medium requires the prior consent of the Model, whether or not the photograph contains nudity.
Commercial use for third parties
Any use of a photograph for advertising, a campaign, a product, a brand or any commercial communication on behalf of a third party requires the prior consent of the Model, where such consent is required.
The use of photographs in a pornographic, sexually explicit or degrading context is strictly prohibited.
2. Artistic nudity and respect for the model
Depending on the project, photographs created during the workshop may involve artistic nudity.
Any nudity photographed during a session must remain within the boundaries agreed upon between the Model, the Photographer and, where applicable, Kween Gallery.
Any pose, staging, outfit or situation involving a level of nudity or context different from what was initially agreed upon must be subject to the Model’s consent.
The Model has the right to refuse any pose, situation or request that exceeds the boundaries agreed upon.
The Photographer agrees to respect these boundaries without pressure or insistence.
3. Delivery and use of images by the model
The Photographer agrees to provide the Model, upon request, with selected and/or published photographs within a reasonable period following the shoot.
The Model may use the photographs provided by the Photographer for personal, artistic and self-promotional purposes, including on social media, their website and portfolio.
Any publication of the photographs on a subscription-based content platform such as Patreon, or any use involving paid access to the content, requires the prior consent of the Photographer.
Such consent does not transfer the Photographer’s copyright or grant the Model the right to sell, license, commercially exploit or transfer the photographs to third parties.
4. Use of images by Kween Gallery
The Photographer authorizes Kween Gallery to use photographs created during the workshop and published or provided by the Photographer for the purpose of communicating about and promoting Kween Gallery and its workshops.
This authorization is non-exclusive and royalty-free.
Kween Gallery will, where reasonably possible, credit the Photographer and the Model when publishing the photographs, including by tagging their social media accounts where the platform allows it.
Any use of the photographs by Kween Gallery for purposes other than the communication and promotion of its own activities shall be subject to a specific agreement where required.
5. Use of artificial intelligence
Photographs created during the workshop may not be used to train, develop or feed a generative artificial intelligence model or machine-learning system without the prior written consent of the relevant parties where such consent is required.
The creation or substantial modification of an image using artificial intelligence based on the identifiable image of the Model, particularly where it alters the Model’s appearance, body, face or identity, requires the Model’s prior consent where such consent is required.
The Photographer remains free to use standard photographic editing and retouching tools within the scope permitted by this agreement, provided that such editing respects the dignity and image of the Model.
6. Consent and respect for the model
The Photographer agrees to respect the Model’s boundaries, instructions and requests throughout the entire session.
The Model’s consent regarding a particular pose, setup or level of nudity must be respected.
Consent given for a specific situation does not automatically constitute consent for another use, context or exploitation of the image.
The Model may request that a particular photograph not be published where its context or use differs from those provided for under this agreement, subject to rights and permissions that have already been validly granted.
7. Credits
The Photographer agrees, where reasonably possible, to credit the Model when publicly publishing the photographs.
The Model agrees, where reasonably possible, to credit the Photographer when publicly publishing the photographs.
Kween Gallery does not impose any obligation to mention it, but invites the Photographer and the Model to tag Kween Gallery when publishing photographs created during a Kween Gallery workshop, particularly by tagging @kweengallery on social media.
8. Backstage and personal content
The creation and public distribution of backstage photographs or videos featuring an identifiable Model, Photographer or other participant are subject to the applicable permissions.
No participant may publicly distribute backstage content featuring an identifiable person where that person objects to its publication.
Backstage content must not be used in a context that could harm the dignity, image or reputation of any person represented
9. Adult models
Models participating in Kween Gallery workshops are 18 years of age or older.
No minor may participate in a photography session involving nudity under this agreement.
10. Governing law and amendments
This agreement is governed by Swiss law, subject to any mandatory provisions that may apply.
It constitutes the agreement between the signatories regarding the use of photographs created during the workshop.
Any amendment or exception to this agreement must be made in writing and approved by the parties concerned.
Nothing in this agreement shall affect rights that cannot legally be excluded or limited under applicable law.
11. Signatures and copies
This agreement is signed by the Photographer, the Model and, where applicable, the Organizer.
By signing this agreement, each party confirms that they have read, understood and accepted its terms.
A copy of the signed agreement may be provided to each party.
PHOTOGRAPHER
Name: ……………………………………………………..
Date: ………………………………………………………….
Signature: ………………………………………………….
MODEL
Name / Artist Name: ……………………………………..
Date: ………………………………………………………….
Signature: ………………………………………………….
ORGANIZER – KWEEN GALLERY
Name: ……………………………………………………..
Date: ………………………………………………………….
Signature: ………………………………………………….