Model Release: Is it worded right?

I would appreciate a critique of my "Model Release" that I include in

my contracts. I'm just wondering of I'm missing anything or is it

just way too much? here it is:

 

"The Undersigned Client further agrees and attests that:

In consideration of Client Couple�s engagement as a model or models,

and for other good and valuable consideration herein acknowledged as

received, the Undersigned hereby grant to David Jones

("Photographer") and Jones Photography ("Studio"), his/her heirs,

legal representatives and assigns, those for whom Photographer is

acting, and those acting with his/her authority, and permission, the

irrevocable and unrestricted right and permission to copyright, in

his/her own name or otherwise, and use, re-use, publish, and re-

publish photographic portraits or pictures of Client Couple or in

which Client Couple 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 Client Couple�s own or

a fictitious name, or reproductions thereof in color or otherwise,

made through any medium at the Studio�s location or elsewhere, and in

any and all media now or hereafter known for illustration, promotion,

art, editorial, advertising, trade, or any other purpose whatsoever.

The Client Couple also consent to the use of any printed matter in

conjunction therewith."

 

"The Undersigned hereby waive any right that the Client 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. "

 

"The Undersigned hereby release, discharge and agree to save harmless

Photographer, his/her heirs, legal representatives and assigns, and

all persons acting under his/her permission or authority or those for

whom he/she is acting, from any liability by virtue of any blurring,

distortion, alteration, optical illusion, or use 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 invasion of privacy."

 

"The Undersigned hereby warrant that the Client Couple is of full

legal age and have the right to contract in their own name. The

Undersigned has read the above authorization, release, and agreement,

prior to its execution, and is fully familiar with the contents

thereof. This release shall be binding upon Client and his/her heirs,

legal representatives, and assigns. The Undersigned Client Couple

also waive the right to inspect and/or examine the photographs and/or

written text."

Well, it seems to be a bit long winded, especially compared to the model release used by a friend of mine years ago. So far as I can remember it just said soomething like:

 

"I the undersigned have been paid £____________________ to pose for photographs on _____________________ (date) and hereby acknowledge that I transfer all rights in the resulting images to [photographer's name]"

 

He sold a LOT of glamour pictures and during the ten years I knew him never had a problem.

As Harvey stated -- wordy. And there is no mention of a value paid (or exchanged) for the signature(s) of the 'Client' on the contract.

 

 

In the USA, no exchange of value = no contract.

 

 

You really need to see a lawyer for a review of your 'contract.'

I had a discussion of releases with a retired lawyer in a workshop a couple of months ago. His observation was that a release with more words will cause models to have more concerns about what they might be getting into than one with fewer words.

 

Seems to me that your multiparagraph release stands a good chance of causing the models to want to consult a lawyer before signing it. That may not be what you had in mind.

 

Louie

You should put in a disclaimer about drug or alcohol use during shooting. Something to the effect of:<br>

<br>

"...client agrees to be solely responsible for their actions even in the circumstance that they choose to take any substance (including but not limited to alcohol, prescription or other drugs, plants, or chemicals, whether legal or otherwise) which may affect their thinking and judgment."

This is an excellent thread. I have asked myself the same questions.

Just out of curiosity : Is there such a thing as a boiler-plate standard model release form? Or a short form?

First of all, This is JUST the model release that I am considering putting in my contract. This is by no means the ENTIRE contract. Also, someone posted that according to a lawyer, a wordy "release" may scare clients away. That just sounds a little funny, especially from a lawyer. Maybe he said that to try and get more photographers to come to him for more help, since their "release" forms don't cover all of the bases. I would much rather listen to established pro photographers about "releases" and "contracts" concerning what works and what doesn't, rather than a lawyer who's only concern is how much money he can get out of me for his consultations. If you really wnat to see my current contract, let me know and I'll try and post it in this forum.

Returning to civilian life from the Navy, I worked for an insurance company. We had a "no release" policy. As implied above, too wordy a release was felt to be intimidating and tended to make them seek out an attorney. Should they have been represented, then they got the full "release" treatment.

 

There is a lot to be said for the "KISS" principle. That doesn't mean "no release" but it does mean make one that is readable.

According to U.S. law as it currently states: the artist (and in this case the photographer) holds all copyright to his own work. This means the law covers your right to reprint. If you sell the negatives, you sell the copyright, and then you may need a release to use those photographs after such sale. Visit http://www.nicholsongraphics.com/primeview/copyright.html for more information regarding copyright law in the US and UK.

 

As for the release it's too wordy... some simpler more encompassing release for publication may all that is needed (see below), unless you are selling the copyright, and then use a release more like there is above.

 

"I <name> hereby consent that I am of the legal age of majority and give full unlimited permission and hold harmless for photographs and images of me to be taken by and published/used by any designated representitive of <your name/studio> including but not limited to publication on the internet, advertisements, use in portfolio, etc."

 

Ruth