MODEL (TALENT) AGENT AGREEMENT模特兒經紀人合約

This Agreement made this ______ day of ________________, 20____ (the "Effective Date"), by and between: ________________________ of ______________________ (the “Agent”) and ________________________ Of ______________________(the “the Talent”).本契約於某年某月某日（即生效日）由某某某與某某某訂立。

WHEREAS, the Agent is in the business of arranging modeling performances, fashion shows, modeling advertising for print, television, commercial and runway, and photography performances, bookings, and other related activities (collectively “Modeling Performances”).經紀人負責安排模特兒演出、時尚秀、印刷品廣告行銷，電視、商演及走秀，平面攝影、報章雜誌之曝光及其他活動（統稱為模特兒業之演出）。

AND WHEREAS, the Talent desires to appoint the Agent as its agent for purposes of arranging Modeling Performances.有鑑於，本人欲指定某某為本人之經紀人，為本人安排、處理所有模特業（界）之演出。

NOW THEREFORE, in consideration of the promises, covenants and conditions contained herein, the Parties agree as follows:考量到在此囊括之承諾、契據及情狀，雙方同意如下並憑以遵守：

1. Appointment. The Talent hereby appoints the Agent to cat as his agent and arrange Modeling Performances.指定：本人在此指定某某某擔任本人之經紀人，為本人安排模特兒之商演事宜。

2. Agent's Responsibilities. The Agent shall use reasonable efforts to arrange Modeling Performances for the Talent and promote the Talent. To avoid doubt, it is emphasized that the Agent makes no guarantees, representations or warranties that the Talent will be hired for Modeling Performances.經紀人責任：經紀人須盡其所能為本人安排模特兒演出機會及增加曝光度。為避免滋生疑義，在此強調，經紀人並不保證，本人一定獲得商演機會。

3. Talent's Responsibilities. The Talent shall use good faith and best efforts in performing all assignments and engagements and Modeling Performances as arranged by Agent. The Talent shall be responsible for transportation to and from Modeling Performances and has the sole discretion in accepting and rejecting in a timely manner all Modeling Performances.  藝人責任：藝人需忠實履行經紀人所爭取及安排的演出工作，藝人需依約往返演出地點，同時有以適切之裁量權方式接受或拒絕所有模特兒業之演出

4. Term. This Agreement shall begin on the Effective Date and shall continue for one (1) year there from and will renew automatically indefinitely unless terminated as set forth herein.

5. Compensation. The Talent shall pay to the Agent _________percent (__%) (the "Agent's Commission") of all consideration received from either fees, bookings and all other compensation paid to the Talent or paid on behalf of the Talent from third parties for Modeling Performances by the Talent (the “Payments”) during the term of this Agreement and for all Modeling Performances booked by the Agent one (1) year following the termination of this Agreement.

6. Payment.  All Payments shall be made directly to the Agent. Upon receipt of Payments, the Agent shall deduct the Agent's Commission and pay to the Talent the appropriate share. If the Agent receives no Fees, the Talent shall have no claim against the Agent for payment.

7. Confidentiality. During the term of this Agreement and for one (1) year after termination thereof, the Talent shall not disclose the names of clients of the Agent or the name of other contractors or employees of the Agent to any third party without the prior written consent of the Agent.

8. Reproductions. During the term of this Agreement various reproductions of the Talent for advertising, copy, photographs, commercials, motion pictures and other purposes will be arranged by Agent and/or otherwise created on Agent's account (the “Reproductions”).

The Talent unconditionally authorizes and releases to Agent the ownership of and all right, title and interest in and to all Reproductions. The Talent assigns the exclusive and complete control and discretion for the sale, use, reproduction or assignment of said Reproduction subject only to the Talent’s rights of compensation hereunder.

During the term of this Agreement and thereafter the Agent shall be entitled to Agent's Commission of all compensation received for the use of the Reproductions.

The Talent may not use said copy without the prior written consent of the Agent. In the event the Talent breaches this provision and uses the Reproduction Agent shall be entitled to Agent's Commission plus all other remedies available to Agent at law or in equity.

9. Termination.  Either party may terminate this Agreement upon _____ (__) day's prior written notice to the other Party after the original term. In addition, either party may terminate the Agreement immediately upon the happening of any of the following:

9.1 Any material breach of the other party’s obligations as set forth herein.

9.2 If the other party admits to, pleads guilty to, pleads no to contender to or is convicted of a criminal offense.

9.3 If the other party fails to correct any breach of its obligations following seven (7) days prior written notice by the first party.

9.4 On the death or dissolution of the other party.

Notwithstanding the termination of this agreement, the confidentiality, release of reproductions, and compensation provisions shall survive.

10. Independent Contractor. Throughout the term of this Agreement the Talent is an independent contractor and not an employee of the Agent. The Talent is responsible for reporting all income and understands that taxes and social security will not be deducted from any payments due hereunder.

11. Miscellaneous.

11.1 This Agreement contains the entire understanding of the Parties. All promises, undertakings, representations, agreements and understandings are merged herein, and shall only be changed by Agreement in writing signed by both Parties.

11.2 The apparent delay, forbearance or waiver of enforcement by Agent of any provision of this Agreement shall not operate to be construed as a waiver of any breach or subsequent breach. Any breach by the Talent of any of this Agreement may be enforced by the Agent at any time.

11.3 This Agreement shall be governed by and construed in accordance with the laws of the State of ________.

11.4 All notices under this Agreement shall be sufficient if sent by overnight courier, by certified mail addressed to the Parties, and or by email as set forth above or such other place as either Party may provide by prior written notice to the other Party at the address above.

IN WITNESS WHEREOF, the Parties set their seals on the date first above written.

The Talent: _______________                                   The Agent: ______________

Parent signature: ________________