photography release form

[harper]

hi guys

trying to do this the right way from the beginning
i shot my first paid newborn session on wednesday and i have verdal consent to use there photos for marketing purposes but i know that mean zip. so im trying to create a photo release form for me to get them to sign when i deliver there photos to them.

the main thing i want to use there photos for im for the website i am greating at the moment

here is my draft, and input is appreciated

Photography Release for Minor Child or Children

I hereby authorize Matthew Harper to publish photographs taken on ___/___/______ of myself and/or the minor child or children listed below, and our names and likenesses, for use in the Matthew Harpers print and online marketing materials, as well as other Company publications.

I hereby release and hold harmless Matthew Harper from any reasonable expectation of privacy or confidentiality for myself and for the minor child and children listed below associated with the images specified above. Further, I attest that I am the parent or legal guardian of the child or children listed below and that I have full authority to consent and authorize Matthew Harper to use their likenesses and names.

I further acknowledge that participation is voluntary and that neither I, the minor child, or minor children will receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other Company publications. I acknowledge and agree that publication of said photos confers no rights of ownership or royalties whatsoever.

I hereby release Matthew Harper and any third parties involved in the creation or publication of Company publications, from liability for any claims by me or any third party in connection with my participation or the participation of the minor children listed below.

Authorization:

Printed Name: ____________________________________________________________

Signature: ____________________________________ Date: ______________________

Street Address: ___________________________________________________________

City: ____________________________ State: ________ Postcode: _________________

Relationship to Children: ____________________________________________________

Names and Ages of Minor Children:

Name: ______________________________________ Age: _____

Name: ______________________________________ Age: _____

Name: ______________________________________ Age: _____

[kiwi]

I have this:

I hereby irrevocably grant to ME and CLIENT, all rights in and to the photographs, images, videotape and sound recording made of me ("Image") on ________________________________, 2012

The rights granted to ME and CLIENT include the perpetual, exclusive and unencumbered right to use, edit, reproduce, distribute, telecast, publish and otherwise exhibit the ‘Image’ worldwide, including excerpts, in any and all forms of media.

In addition, the rights granted to ME and CLIENT include the right to use the ‘image’ or any portion thereof, my name, voice, likeness and biographical material to publicise and advertise the ‘Image’ and/or the services of ME and CLIENT.

I hereby release and indemnify ME and CLIENT and hold ME and CLIENT harmless from and against

i. any liability based on any personal, property, residual, re-use or other right which I have or may have by virtue of any such use of my name, voice, likeness, biographical material or related clips in which I appear, or as a result of the exhibition, telecast or distribution of the Appearance or any portion thereof;

ii. any claim arising out of any of my acts or statements made in connection with the ‘Image’ (including but not limited to defamation, invasion of privacy, and the like);

iii. any claim for further consideration or compensation for the ‘Image’ or the rights granted hereunder.

I have the full right and legal capacity to sign this Consent and Release. I have read this Consent and Release prior to signing it and I understand its contents.

Date: ________________________________

Signature: ________________________________



(If this Consent and Release is signed by a minor, the following must be completed by a
parent or legal guardian)

I warrant that I am a parent (or legal guardian) of the minor whose signature appears
immediately above, and I hereby agree that I and the said minor will be bound by all
releases, consents and covenants contained in this Consent and Release.

Date: _______________________________ _ Signature: ________________________________


Name: _____________________________ ______I hereby irrevocably grant to ME and CLIENT, all rights in and to the photographs, images, videotape and sound recording made of me ("Image") on ________________________________, 2012

The rights granted to ME and CLIENT include the perpetual, exclusive and unencumbered right to use, edit, reproduce, distribute, telecast, publish and otherwise exhibit the ‘Image’ worldwide, including excerpts, in any and all forms of media.

In addition, the rights granted to ME and CLIENT include the right to use the ‘image’ or any portion thereof, my name, voice, likeness and biographical material to publicise and advertise the ‘Image’ and/or the services of ME and CLIENT.

I hereby release and indemnify ME and CLIENT and hold ME and CLIENT harmless from and against

i. any liability based on any personal, property, residual, re-use or other right which I have or may have by virtue of any such use of my name, voice, likeness, biographical material or related clips in which I appear, or as a result of the exhibition, telecast or distribution of the Appearance or any portion thereof;

ii. any claim arising out of any of my acts or statements made in connection with the ‘Image’ (including but not limited to defamation, invasion of privacy, and the like);

iii. any claim for further consideration or compensation for the ‘Image’ or the rights granted hereunder.

I have the full right and legal capacity to sign this Consent and Release. I have read this Consent and Release prior to signing it and I understand its contents.

Date: ________________________________

Signature: ________________________________



(If this Consent and Release is signed by a minor, the following must be completed by a
parent or legal guardian)

I warrant that I am a parent (or legal guardian) of the minor whose signature appears
immediately above, and I hereby agree that I and the said minor will be bound by all
releases, consents and covenants contained in this Consent and Release.

Date: _______________________________ _ Signature: ________________________________


Name: _____________________________ ______

[harper]

thanks kiwi

if i was to use this what happens when the minor is a newborn??

[kiwi]

anybody under 18 is a minor, whether they are 5 seconds old or 17 years and 364 days.

[harper]

thanks

one other thing, when im taking photos of a family do i need the whole family to sign this for or is one person enough?

[kiwi]

everyone needs to sign.

[harper]

awesome thanks for this

[ricktas]

Another thing that mine has is the location(s) of the shoot. Mine is basically the same as Kiwi's, but I also include a line that has the date and location(s). I know its a minor thing, but I believe if I have put as much information into the contract/release, there is less chance of having an 'issue' at a later date.

I did this cause I wondered what would happen if you got someone to sign a release at one location, then you moved onto a second location and then sometime in future, they decided to test it by stating they signed it, but believed it to be for only the one location, not both.

[AutumnCurl]

I am also led to believe that there is an iPhone/ipad app that has a similar contract and allows digital signatures - it then emails the client and you a copy.However i can not remember what it is called.

[kiwi]

yup. iRelease, and I use that now myself

[Miss Jane]

Is a release for only if you want to use the photos for yourself eg marketing, website, or should one be done for every photo shoot no matter what?

[ricktas]

Is a release for only if you want to use the photos for yourself eg marketing, website, or should one be done for every photo shoot no matter what?

Depends. What if you have taken a great photo. Put it on your website and 2 years later some company contact you and want to use it on their website. If you have a release you can take them up on their offer.

So when I say depends, it depends on what your photography is for, where you want your photography to go in future.

[Miss Jane]

Ok what happens with public events for eg an agricultural show and taking photos of dogs/cows being paraded or horse jumping etc or is the release mainly for paid shoots?

[ricktas]

Ok what happens with public events for eg an agricultural show and taking photos of dogs/cows being paraded or horse jumping etc or is the release mainly for paid shoots?

These depend of the entry T&C. Most events like this have conditions of entry, that include photography and what you can and cannot do with the photos. That over-rules any personal contract you make with anyone at the event.

[Miss Jane]

What happened to the good old days where you could take photos of anything, anywhere? It's all so complicated.

[kiwi]

These laws are not new

[Miss Jane]

I know it just seemed simpler years ago

[harper]

thanks guys for the feedback regarding this form

i put this form to use on the weekend and the clients were happy to sign it for me

one thing i am going to do is attend the next free consult day at my local solicitors office just to make sure everything is above board

this is how my form looks now thanks to kiwis input

Untitled-1.jpg

[maccaroneski]

What happened to the good old days where you could take photos of anything, anywhere? It's all so complicated.

With some "extreme case" exceptions, you can still pretty much take photos of anything, anywhere. It's when you attempt to use thoise images for your commercial gain that you need a release (and yes even publishing them in your portfolio is for your commercial gain).

Fair enough, IMHO.