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  1. #1
    EASmithV's Avatar
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    can someone review this release form?

    A friend of mine sent me his model release form so that I can use it for my own use. It looks great to me, however, I was wondering if anyone had any suggestions or comments on it before I went ahead and used it. I might also document the model holding their ID on digital as well to add to my record of them, but some situations may not make that possible...

    Let me know what you think!

    Standard Adult Model Release:
    In consideration of my engagement as a model, and for other good and valuable consideration herein
    acknowledged as received, I hereby grant ________, (Photographer), his heirs, legal representatives, and
    assigns, those for whom the Photographer is acting, and those acting within his authority and permission,
    the irrevocable and unrestricted right and permission to take, use, re-use, publish and republish
    photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or
    distorted in character or form, without restriction as to changes or alterations, in conjunction with my own
    or a fictitious name, or reproduction thereof in color or otherwise, made through any medium at a studio
    or elsewhere, and in any and all media now or hereafter known for illustration, promotion, art, editorial,
    advertising, trade, or any other purpose whatsoever. I also consent to the use of any published matter in
    conjunction therewith.
    I hereby waive any right that I may have to inspect or approve the finished product or products and the
    advertising copy or other matter that may be used in connection therewith or the use to which it may be
    applied.
    I hereby release, discharge and agree to save harmless Photographer, his heirs, legal representatives and
    assigns, and all persons acting under his permission or authority or those for whom he is acting, from any
    liability by virtue of any blurring, distortion, alteration, optical illusion or us in composite form, whether
    intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent
    processing thereof, as well as any publication thereof, including without limitation any claims for libel or
    violation of any right of publicity or privacy.
    I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above
    authorization, release and agreement, prior to its execution and I am fully familiar with the contents thereof.
    This release shall be binding upon me and my heirs, legal representatives, and assigns.
    _______________________________________________
    Date
    _______________________________________________
    Name
    _______________________________________________
    Address
    _______________________________________________
    Witness
    www.EASmithV.com

    "The camera is an instrument that teaches people how to see without a camera."— Dorothea Lange
    http://www.flickr.com/easmithv/
    RIP Kodachrome

  2. #2
    Peltigera's Avatar
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    I wouldn't sign it!

    It gives rights to the photographer for any pictures that they might take in the future and to use them in any way they whatsoever. If I was a professional model I would want some protection of my reputation.

  3. #3
    Peltigera's Avatar
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    Istockphoto have a more reasonable form:

    http://www.google.co.uk/url?sa=t&rct...P29olOMVZ1OtKQ

  4. #4
    Benoît99's Avatar
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    See a related thread begun earlier today:

    http://www.apug.org/forums/forum46/1...ase-forms.html

  5. #5
    Worker 11811's Avatar
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    Quote Originally Posted by Peltigera View Post
    I wouldn't sign it!

    It gives rights to the photographer for any pictures that they might take in the future and to use them in any way they whatsoever. If I was a professional model I would want some protection of my reputation.
    I agree. I think that there should be a line that says something like "photograph(s) taken on [such a date]" or "photograph(s)taken between [such a date] and [such a date]."
    (Leaving a large enough blank like to write in whatever dates are needed.)

    I would also put down how much the photographer paid the person.

    The point for any contract should be to make a document that both parties can use as a reference so that they know "who" is responsible for "what" and "when."
    Should either party have a question, they have something to refer to.

    Contracts are meant to keep people OUT OF trouble but so many people seem to use contracts as if they were setting a trap for somebody.
    Randy S.

    In girum imus nocte et consumimur igni.

    -----

    http://www.flickr.com/photos/randystankey/

  6. #6

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    Plus, extremely one sided contract doesn't always stand up in court either.... (if it gets that far)
    Develop, stop, fix.... wait.... where's my film?

  7. #7

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    I always get stuck on this topic, which seems standard in these kinds of agreements: "...and for other good and valuable consideration herein
    acknowledged as received,..." Where does the agreement specifiy any good and valuable consideration that was received?

  8. #8
    MattKing's Avatar
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    Quote Originally Posted by BrianShaw View Post
    I always get stuck on this topic, which seems standard in these kinds of agreements: "...and for other good and valuable consideration herein
    acknowledged as received,..." Where does the agreement specifiy any good and valuable consideration that was received?
    This is designed to create an estoppel argument - so that people cannot later come back with the argument that is essentially: "I didn't get anything for this, so the release isn't binding".

    If there is any benefit to the model (including publicity) that is probably enough.
    Matt

    “Photography is a complex and fluid medium, and its many factors are not applied in simple sequence. Rather, the process may be likened to the art of the juggler in keeping many balls in the air at one time!”

    Ansel Adams, from the introduction to The Negative - The New Ansel Adams Photography Series / Book 2

  9. #9
    fotch's Avatar
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    If it important to you, pay a lawyer to review or revise it. You usually get your moneys worth with free legal advise. JMHO
    Items for sale or trade at www.Camera35.com

  10. #10
    Steve Smith's Avatar
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    If I was a model (which thankfully for everyone else, I am not) I would want to review all of the images and only sign a release for those which I was happy with.


    Steve.
    "People who say things won't work are a dime a dozen. People who figure out how to make things work are worth a fortune" - Dave Rat.

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