Agreement for use of individual’s name and photograph in advertisements
WHEREBY IT IS AGREED as follows:
1. The grantor herby grants to the advertiser for the period of___________ from the date of this agreement the right to use the grantor’s name [and to exhibit his photograph] in advertisement published or displayed as hereinafter mentioned relating to goods manufactured by the advertiser of the following description: [description of goods].
2. 2. The advertisements to which this agreement relates may be published in any newspaper printed and circulating in India or may be displayed on any cinema screen or hoarding or other advertising structure in India.
3. The advertiser shall submit to the grantor a rough proof of the proposed advertisements in which the grantor is in any way referred to at least [one month] before such advertisement is published or exhibited.
4. If no objection on the part or on behalf of the grantor is received by the advertiser within one week of the posting of such proof addressed to the last known address of the grantor the advertiser may use advertisement but if any objection is made by the grantor then the advertisement to which objection is so taken shall in no case be published or used in any way.
5. If after publication or use of any such advertisement the grantor shall take objection and bring such objection to the notice of the advertiser, the advertiser will take immediate steps for the withdrawal and discontinuance of such advertisements.
6. The advertiser will indemnify the grantor against all expenses costs proceedings and liability in respect of the publication or exhibition of such advertisements.
7. The advertiser will pay to the grantor on the signing of this agreement the sum of Rs...... In consideration of the right granted under clause I hereof. [Or The advertiser will pay to the grantor the sum of Rs_______ on the signing of this agreement as payment in advance of the royalties hereinafter reserved and the advertiser will pay to the grantor a royalty of_________per cent on the cost price of the goods referred to in clause 1 hereof which are sold by the advertiser during the period of continuance in force in this agreement].
8. The advertiser will on the last day of each month send to the grantor an account of the royalties payable under this agreement made up to the fifteenth day of that month. On the last day of the succeeding month payment shall be made to the grantor of the amount shown by such account to be due to the grantor.
9. The grantor will make no disclosure to any person whatsoever other than the accountant hereinafter mentioned of any information regarding the advertiser’s business.
10. In the event of any dispute the advertiser will allow the inspection of his books of account and other relevant matter by a chartered accountant selected by the grantor provided always that the fees and expenses of such accountant shall be paid by the grantor.
AS WITNESS, etc.
[Signature of both parties]