Model & Image Release

Before you read further: who owns the images?

BanaKin Photos (the “Studio”) owns the copyright in every photograph and video we create, automatically and under U.S. federal law (17 U.S.C. §201(a)). See our Copyright Notice for the full statement. Booking a session transfers a personal-use license to you (see our Image Licensing Agreement); it does not transfer copyright.

This Release is a separate, narrower question: how may the Studio use the images that include your likeness? Because the photographs feature you as a subject, Maryland common law recognizes your right to control the commercial use of your likeness. This Release sets the terms on which you grant the Studio that permission.

1. Portfolio & marketing use is included in the standard booking

As part of every booking, the Studio includes the right to use images from your session in its portfolio and ordinary marketing channels. Specifically, by booking a session with the Studio (and unless you opt out using the checkbox on the booking form), you grant the Studio an irrevocable, non-exclusive, royalty-free, worldwide, perpetual license to:

• Display your photographs in the Studio's portfolio (website, online galleries, printed portfolio books);
• Post them to the Studio's own social-media accounts (including @banakin_studios on Instagram, TikTok, Facebook, Pinterest, YouTube) and in stories, reels, and similar formats;
• Use them in the Studio's own marketing materials — paid social ads for the Studio's services, ad creative on the Studio's own platforms, the Studio's newsletter and email campaigns, the Studio's printed marketing materials;
• Use them in educational materials the Studio produces (workshops, tutorials, behind-the-scenes content) about the Studio's own work;
• Use them in editorial features about the Studio (interviews, blog features about the Studio's style, awards submissions);
• Make customary creative edits (cropping for aspect ratios, color grading consistent with the BanaKin style, black-and-white conversions, light retouching).

2. You may opt out at booking

If you do not want the Studio to use your photographs in portfolio or marketing contexts, uncheck the “portfolio release” box on the booking form. Opting out has no effect on price or service quality; the Studio will still deliver your photographs to you for your own use under the standard license.

3. Audio recording requires separate opt-in (Maryland §10-402)

Maryland is a strict two-party-consent state under Md. Code Cts. & Jud. Proc. §10-402: recording an oral communication without the consent of all parties is a felony. This is independent of the portfolio release.

If your session includes videography or any other audio recording, by accepting the Booking Terms you:

• Consent to the Studio recording, retaining, and using audio captured during your session for the same purposes covered by this Release;
• Confirm you have obtained the same consent from every other person whose voice may be captured (family members, partners, additional subjects, guests);
• Agree to indemnify the Studio against any claim arising from a third party whose consent you represented you had obtained but did not.

4. What this Release does not cover

The standard release intentionally excludes the following uses. Each requires a separate written agreement:

• Promoting third-party products or services — the Studio will not place your image in advertising for a product or brand that is not the Studio itself without your separate consent.
• False endorsement — the Studio will not use your image in any way that falsely implies you endorse a specific product or service.
• Stock libraries — the Studio will not upload or sell your images on Shutterstock, Getty, Adobe Stock, Unsplash, or similar marketplaces.
• Defamatory or obscene contexts — the Studio will not use your image in a manner that is defamatory or that would be obscene by reasonable community standards.
• AI / machine-learning training data — the Studio will not submit your image to any generative-AI training program.

5. Subjects under 18

If you are booking a session in which a person under 18 will appear, the portfolio release is not automatic for that minor's likeness. Maryland practice requires explicit parental or guardian consent for a minor's likeness to be used in commercial or promotional contexts. By keeping the portfolio checkbox checked, you represent that you are the parent or legal guardian of every minor in the session and grant this Release on their behalf, or that you have secured the written consent of every relevant parent or guardian before the session. The Studio may ask for written confirmation when minors are involved.

6. Compensation

No additional compensation is owed for the rights granted in this Release. The consideration is the photographic services the Studio provides under your booking. You agree this is a fair exchange.

7. Withdrawal after booking

You may withdraw this Release prospectively after booking by emailing admin@banakinstudios.com. Upon receipt of withdrawal:

• The Studio will stop using your images in new marketing materials within a reasonable time (typically 30 days);
• The Studio will remove your images from social-media accounts the Studio controls within the same window, where technically feasible;
• Previously published uses cannot be recalled — printed materials, third-party reposts, archived web pages, and content already shared by others may persist outside the Studio's control;
• Use that has already accrued (e.g. published in a magazine issue, included in a press kit, baked into existing portfolio prints) remains licensed for the original purpose.

EU/UK residents may exercise withdrawal at any time under GDPR Art. 7(3). The withdrawal does not affect the lawfulness of processing before withdrawal.

8. Release of claims

You release the Studio (and its owners, employees, contractors, agents, assigns, and licensees) from any claim arising from the Studio's use of your imagery within the scope of this Release, including any claim of invasion of privacy, right of publicity, defamation, or any related tort. This release of claims does not extend to uses outside the scope of this Release.

9. No expectation of approval

You acknowledge that the Studio is not obligated to use your imagery, and that you do not have the right to inspect or approve specific uses or edits before publication.

10. Governing law

This Release is governed by the laws of the State of Maryland. Disputes will be brought in the state or federal courts of Prince George's County, Maryland.

11. Severability

If any part of this Release is held unenforceable, the remainder will continue in effect.

12. Contact

Questions or to withdraw consent:
admin@banakinstudios.com