The Use Of Likeness Agreement is essential in today's media-rich environment where personal images and likenesses are frequently used across various platforms and mediums. This document, structured under Swiss law, provides a robust framework for protecting both the rights holder's interests and the user's intended purposes. It is particularly relevant when organizations or individuals need to legally secure permission to use someone's image, voice, or other identifying characteristics for commercial, promotional, or other specified purposes. The agreement must comply with Switzerland's strict privacy and data protection regulations, including the Federal Act on Data Protection and personality rights provisions in the Swiss Civil Code. It is commonly used in advertising, media production, corporate communications, and other contexts where personal imagery or attributes are central to the intended use.
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1. Parties: Identification of the rights holder (subject) and the party receiving rights to use the likeness
2. Background: Context of the agreement and general purpose for the use of likeness
3. Definitions: Key terms including 'Likeness', 'Content', 'Usage Rights', 'Territory', etc.
4. Grant of Rights: Specific permissions granted for use of the likeness, including scope and limitations
5. Usage Specifications: Detailed parameters of how the likeness may be used, modified, or distributed
6. Term and Duration: Period during which the likeness may be used
7. Compensation: Payment terms or confirmation of non-compensated usage
8. Rights and Obligations: Specific responsibilities of both parties regarding the use of likeness
9. Representations and Warranties: Guarantees by both parties regarding authority to enter agreement and use of likeness
10. Privacy and Data Protection: Compliance with Swiss privacy laws and data protection requirements
11. Termination: Conditions under which the agreement can be terminated and consequences
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Commercial Usage Terms: Additional terms specific to commercial exploitation of the likeness
2. Territory Restrictions: Geographic limitations on usage if not worldwide
3. Moral Rights: Specific provisions regarding attribution and integrity of the likeness
4. Third Party Rights: Provisions for sublicensing or transfer of usage rights
5. Digital Modification Rights: Specific terms regarding digital alteration or manipulation of the likeness
6. Publicity Rights: Additional terms for promotional or advertising use
7. Exclusivity Provisions: Terms regarding exclusive use if applicable
8. Minor Protection Provisions: Additional protections if the subject is under 18
1. Schedule 1 - Description of Likeness: Detailed description or copies of the specific photographs, videos, or other content covered
2. Schedule 2 - Approved Usage Examples: Specific examples and contexts of permitted usage
3. Schedule 3 - Compensation Schedule: Detailed payment terms, royalties, or other compensation arrangements if applicable
4. Schedule 4 - Territory Map: Visual representation of geographic restrictions if applicable
5. Appendix A - Consent Form: Separate detailed consent form for specific uses or scenarios
6. Appendix B - Privacy Notice: Detailed privacy information and data protection provisions
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