Agreement
This Agreement is
entered into this ___ day of __________, 20___, by and between Enjoi Media, LLC
(“Enjoi Media”), a Nevada corporation, and _____________________________, an
individual (“Model”).
WHEREAS, Enjoi Media
is engaged in the business of Internet Modeling, with facilities located in Las
Vegas, Nevada;
WHEREAS, Enjoi Media
desires to make its Internet facilities available to Model to engage in lawful
entertainment for customers accessing Enjoi Media’ Internet site, and Model
desires to utilize the Internet facilities, on the terms and conditions stated
herein;
NOW, THEREFORE, in
consideration of the mutual promises set forth herein, it is agreed between the
parties as follows:
1. Services.
a. Enjoi Media agrees to provide Model
with access to Enjoi Media’s network of websites operating under the
BodyLikeWhoa.com front site ( hereinafter “Web Site”), for the purpose of
performing and providing online content for Enjoi Media’s customers. Enjoi Media will provide Model with access to
the Web Sites on an “as requested” basis, which means that Model may perform or
add content on the Web Site at any time she chooses. Enjoi Media does not maintain a schedule nor
otherwise require Model to work set shifts, and there is no minimum usage
requirement. Notwithstanding the
foregoing, Model shall not be prohibited from adopting her own set schedule for
utilizing the Web Site, and in that event Model and Enjoi Media may advertise
Model’s schedule for the benefit of Enjoi Media’ customers.
b. Model agrees to access the Web Site
from the following remote location only (hereinafter “Remote Location”):
____________________________
____________________________
____________________________
c. Model shall provide, at her sole
expense and solely for her own benefit, all equipment necessary to access the
Web Site from the Remote Location. By
way of example only, this may include a home computer, a video camera which connects
to a home computer, and an Internet connection capable of transmitting data at
128K or higher. Model agrees that it is
her sole obligation to ensure that any equipment purchased or otherwise
acquired is compatible with the Web Site.
d. Subject only to the provisions of
Paragraph 4 herein, Model shall, in the exercise of her own artistic discretion
and solely at her own expense and for her own benefit, provide all furniture,
props, materials, linens, etc., used to furnish or decorate the Remote
Location, and all clothing, toys, devices, etc., to be utilized by Model during
her own performances and contents production.
2. Consideration. Model shall receive 65% of any gross profits
from the media access purchased by Enjoi Media’s customers while visiting her
personal website for the purpose of viewing Model’s contents and
performances. Model shall not be
entitled to any other compensation or benefits whatsoever by law or otherwise
under this Agreement.
3. No employer-employee
relationship. Model understands that
no employer-employee relationship exists between Enjoi Media and Model. Enjoi Media is not responsible for, and will
not pay any federal or state taxes, including but not limited to, income
withholding taxes, social security taxes, unemployment taxes, or disability
taxes. Model is not entitled to receive
any benefits that might otherwise be available to an employee of Enjoi Media.
INT ______
4. Compliance with Law. As a material inducement for Enjoi Media to
enter into this Agreement:
a. Model represents that she is aware
of all applicable federal, state and local laws that may apply to her
performances and content production as contemplated herein, including but not
limited to the Communications Act of 1934 as amended by the Telecommunications
Act of 1996, and the Child Protection and Obscenity Enforcement Act of 1988, as
amended by the Child Protection Restoration and Penalties Enhancement Act of
1990. ______ (initials)
Without limiting the
scope and applicability of Paragraph 4(a), Model understands that the following
acts are generally considered to be obscene and are forbidden in connection
with Models use of the Web Site: bestiality; urination/defecation (golden/brown
showers/enemas); incest, sado-masochism or bondage presented in a sexual
context (depictions of rape, torture, etc.); any presentation or representation
of minors engaged in intimate physical contact or sexual situations, including
but not limited to nudity, actual or depicted; and nude performances before a
public audience, such as nudity presented in a bedroom window which is visible
to neighbors or passersby. Model
understands that this list is not exhaustive, and that other activities may
also be considered obscene and forbidden under this Agreement. ______
(initials)
b. Model agrees that her use of the
Web Site will comply will all federal, state or local laws, or any regulations,
rulings, orders, or other acts of governmental agencies, including, but not
limited to, the Communications Act of 1934 as amended by the Telecommunications
Act of 1996, and the Child Protection and Obscenity Enforcement Act of 1988, as
amended by the Child Protection Restoration and Penalties Enhancement Act of
1990, and any laws, regulations or orders applicable in the jurisdiction where
she resides. ______ (initials)
c. Model understands that live
man-woman, woman-woman, or man-man performances depicting actual sexual
conduct, including but not limited to sexual intercourse, oral-genital contact
or any touching of the sexual organs or other intimate parts of a person for
the purpose of arousing or gratifying the sexual desire of either person, is
prohibited under this Agreement and grounds for immediate termination of this
Agreement. ______ (initials)
d.
Model represents
that she has obtained the advice of legal counsel in the jurisdiction where she
resides, that she has executed this Agreement in accordance with that advice,
and that her use of the Web Site will comply with all applicable laws, rules
and regulations. ______ (initials)
5. Age Verification. Model represents that she is an adult and
over the age of eighteen years old. As a
condition to Enjoi Media’s performance under this Agreement, Model must first
submit proof of her name and age in a form acceptable to Enjoi Media. Acceptable “proof of name and age” shall be a
copy of any validly issued governmental document bearing the photograph, name
and age of the Model, such as a passport, state driver’s license, selective
service card or state identification card.
Model agrees that she will not engage in any depiction of sexually
explicit conduct in connection with her use of the Web Site until she has
submitted proof of name and age, and Enjoi Media has verified the information. Enjoi Media reserves the right to immediately
terminate this Agreement for non-compliance with this Paragraph 5. ______
(initials)
6. Restrictions. Model shall not use the Web Site for the
purpose of promoting web sites or services other than those maintained by Enjoi
Media. Model shall not, whether
individually or in concert with others, solicit or divert or attempt to solicit
or divert any business from Enjoi Media.
Model agrees not to misrepresent any of the services provided by Model
or Enjoi Media, nor to knowingly make any false or misleading statement to
anyone about her performances or the services offered by Enjoi Media. Provided Model complies with the provisions
of this Paragraph 6, nothing herein shall in any way limit her from performing
or sharing content on other web sites or at live establishments. ______
(initials)
INT ______
7. Model grants and licenses to Enjoi
Media a perpetual, irrevocable, sub-licensable and non-exclusive right to use,
reproduce, modify, adapt, publish, translate, create derivative works from and
distribute, or to incorporate into any form, medium, or technology now known or
later developed, all archived images or motion pictures of Model, including all
audio and text pertaining to or provided by Model.
8. No Warranties or Guarantees. Model agrees and understands that the Web
Site services are provided by Enjoi Media on an “as is” and “as available”
basis, without warranties or guarantees of any kind whatsoever, whether express
or implied, including but not limited to warranties of title, non-infringement
or implied warranties of merchantability or fitness for a particular purpose,
or warranties or guarantees of profitability or customer usage. No advice or information given by Enjoi
Media, its affiliates, officers, directors, shareholders, agents, employees,
contractors, or other representatives shall create a warranty or guarantee of
any kind whatsoever. Neither Enjoi
Media, nor its affiliates, officers, directors, shareholders, agents,
employees, contractors, or other representatives warrant that the Web Site
services will be uninterrupted or error free or that any information, software
or other material accessible on the service is free of viruses, worms, trojan
horses or other harmful components.
9. Liability and Risk. Model acknowledges, agrees and understands
that her use of the Web Site is entirely at her own risk. Model assumes, without exception, all
responsibility for all consequences and/or damages that may result from her use
of the Web Site, including bodily injury to herself or loss of property or
equipment. Model agrees to save and hold
harmless Enjoi Media from and against all obligations, losses and/or damages
that may result from Model’s use of the Web Site and her performances.
10. Termination; Limitation of Damages.
a. Either party reserves the right to
terminate this Agreement at any time, for any reason, with or without
cause. In the event of termination by
Model, any sums due and owing to Model shall be payable within ten days after
Enjoi Media receives written notification of such termination.
b. Model agrees that if she is
dissatisfied with this Agreement or with any of the terms, conditions, rules,
policies, guidelines, or practices of Enjoi Media in operating the Web Site,
her sole and exclusive remedy is to terminate this Agreement and discontinue
using the Web Site. IN NO EVENT WILL
Enjoi Media BE LIABLE TO Model FOR LOSS OF USE, INCOME OR PROFITS, OR ANY OTHER
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES.
11. No Assignment. Model may not assign this Agreement under any
circumstances. Model agrees, represents
and warrants that she will be the only use of the Web Site.
12. No Waiver. The failure of either party to insist upon
the performance of any provision herein or to exercise any right or privilege
granted hereunder shall not be construed as a waiver of such provision or any
provisions herein, and the terms will continue in full force and effect. No waiver of any breach of any of the
provisions herein shall be considered a waiver of any continuing or subsequent
breach of the same provision. The rights
and remedies of either party as provided herein shall be cumulative with any
other rights or remedies provided by law or equity.
13. Amendments, Modifications and
Supplements. Any amendment,
modification, supplement or change to this Agreement must be in writing and
executed by both parties herein.
14. Governing Law. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Nevada. Model specifically agrees to submit to the
personal jurisdiction of the courts of the State of Nevada in connection with
any dispute regarding this Agreement.
INT ______
15. Indemnification. Model agrees to indemnify, hold harmless and
defend Enjoi Media, its officers, directors, shareholders, agents, employees,
contractors or other representatives from any liabilities, claims, damages or
injuries, of any kind or nature whatsoever, arising from Model’s breach of any
of the provisions of this Agreement. The
provisions of this Paragraph 14 shall survive the termination of this
Agreement.
16. Consents and Legal Authority. Model represents and warrants that her
execution of this Agreement complies with all federal, state or local laws or
regulations, and that Model has obtained all consents, approvals or
authorizations necessary to execute and perform under this Agreement.
17. Complete Agreement. The parties agree, represent and warrant that
this Agreement represents the entire agreement between the parties.
OFFICE
ONLY
Model Enjoi
Media, INC.
____________________
_________________ By:
______________________________
Signature Date Its: ___________________________
_______________________________________
Print Name
_______________________________________
Address
_______________________________________
INT ______