Sample Liability Release

[zorz]

I have a small private studio. By private I mean it is not advertised and I use it when my models need an indoor shooting space. Since I don't have a formal liability insurance related to a place of business conduct, I searched the forum for alternatives and came across an idea of liability release.

Unfortunately, I couldn't find a reference to any one in particular or any suggested wording so I did a reseacrh and compiled something for myself from about 4-5 actual releases. Here it is as a reference to you as well. Share your thoughts, if you will. Keep in mind, though, that I have not run it by any lawyer and have no guarantee of its legal power.

__________________________________________________ _____________

LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT

This is a legally binding release of liability and assumption of risk agreement (the “Release”), made by me, the undersigned, to <name>, the photographer and studio owner (the “Owner”).

I, _________________, fully recognize that there are risks to which I may be exposed by being present in the Owner’s studio and participating in or conducting a photography or videography session (the “Activity”), including but not limited to slipping on the floor, tripping over a cord, hitting an overhead lighting support system, and other similar action. With full understanding of the risks involved and despite this Release, I am voluntarily entering the Owner’s studio and I am willing to participate in or conduct the Activity.

I therefore agree to assume and take upon myself all of the risks and responsibilities in any way associated with this Activity. In consideration of and in return for services, facilities, and other assistance provided to me by the Owner, I, to the maximum extent permitted by law, release, waive, discharge claims, exempt and hold harmless the Owner, his associates, and his family members from any and all liability, claims and actions that may arise from injury, sickness or harm to me from whatever source, from legal entanglements, imprisonment, my death or from damage to my property in connection with this Activity, and I will not hold the Owner, his associates, and his family members responsible for the same. I verify that I will be responsible for any medical or legal costs I incur as a result. I understand that this Release covers liability, claims and actions caused entirely or in part by any acts or failures to act by the Owner, his associates, and his family members, including but not limited to negligence, mistake, or failure to supervise.

I recognize that this Release means I am giving up, among other things, rights to sue the Owner, his associates, and his family members for injuries, damages, or losses I may incur while participating in or conducting this Activity. I agree that this release shall be legally binding upon me personally, all members of my family, my and their heirs, successors, executors, administrators, assigns, beneficiaries, and legal representatives. I further represent I have the authority to do so and that my heirs, assigns, and beneficiaries will be estopped from claiming otherwise because of my representations to the Owner, his associates, and his family members.

I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.

I have carefully read and fully understand the contents and legal ramifications of the entire Release; I fully understand it and I agree to be legally bound by it by signing it of my own free act. I agree that if any portion of this release is found to be void or unenforceable, the remaining portions shall remain in full force and effect and the remainder of this Release will then be construed as though the unenforceable provision had never been contained herein.

I further state that I am of lawful age and legally competent to sign this Release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital.


THIS IS A RELEASE OF YOUR RIGHTS. READ CAREFULLY BEFORE SIGNING.

Participant’s Name ___________
Participant’s Signature ___________
Date (Month/ Day /Year) ___________

[Steve Parr]

Two things:

If you've no idea as to its legal power, you should probably change the part that says "This is a legally binding release of liability and assumption..."

Second, there should probably be a place for a parent or guardian to sign it in the case of someone who's not yet of legal age...

[pos]

I would make sure that the place you are using is safe from hazardsand, and if you are shooting a female model it would it would be a good idea to have your girl friend or wife there with you while doing the shoot. Be safe not sorry. pos

[zorz]

Two things:

If you've no idea as to its legal power, you should probably change the part that says "This is a legally binding release of liability and assumption..."

Second, there should probably be a place for a parent or guardian to sign it in the case of someone who's not yet of legal age...

I take responsibility for my own usage of this agreement but don't want to assume responsibility for other people who will copy-paste this, hence my disclaimer in the message (not on the Release). Standard thing in this country...

I thought that including "I have acquired the written consent of my parent or guardian" add-on would take care of an underaged. Perhaps, it is better to elaborate.

[zorz]

I would make sure that the place you are using is safe from hazardsand, and if you are shooting a female model it would it would be a good idea to have your girl friend or wife there with you while doing the shoot. Be safe not sorry. pos

Agreed. The place is safe - I live and work there. And yes, I am careful with female models.

[00silvergt]

I don't see why you can't say it is legal binding. Anything with a signature and a certification that stipulates that the signer of the document is aware of the content is legal binding. Actually in many cases as long as it is accessible so that the other party can read it, it can be binding. i.e. Parking Garages' release of liability, you don't need to sign it, but it will protect the garage if something were to happen, unless of course there is a legal action that will supercede the release.

Will it hold out in court? There are always ways around anything, there are things you can not absolve yourself from regardless of its entry in the release. Also, there are things that are considered 'given' as if I shoot myself with flash bulb repeatedly in close distance may reduce my eyesight, etc. that doesn't have to be included. The considerations of the release, a judge may deem unfair or may supercede a law that is already in the books for your locale. e.g. you can't take pictures of child pornography even with a parent's release, since you can not absolve yourself of liability for something that is already considered illegal or otherwise.

What i am saying is that have an attorney, one that specializes in Photography/entertainment and litigation review this so that you can know what you can release yourself from...specifically in the locale in which you conduct business. It should not cost you much since this is pretty much boilerplate stuff. Good luck. One tip and check with your attorney before adding it, but add a mediation clause in the release and/or your contracts. It will hold and you will not have to go to court and get sued, but rather go through a mediator.

[Steve Parr]

I take responsibility for my own usage of this agreement but don't want to assume responsibility for other people who will copy-paste this, hence my disclaimer in the message (not on the Release). Standard thing in this country...

Ahhh... got it...

I thought that including "I have acquired the written consent of my parent or guardian" add-on would take care of an underaged. Perhaps, it is better to elaborate.

If dealing with someone under-age, I would want the signature of a parent on the form...

[John Mireles]

A liability only policy is so cheap - a few hundred bucks - I don't see why you don't invest in it and sleep easier at night. Your liability release may or may not work. There's a reason why lawyers go to law school - it's to learn how the myriad laws, and rulings relate to any given situation of facts. To think that you can just come up with something that will actually stand up in court is to think that a lawyer can pick up a camera and start shooting the cover of Vogue.

From my own legal background, I see that you're missing an important concept known as "Assumption of the Risk." That's the doctrine that baseball stadiums use to absolve themselves of liability when someone gets conked on the head with a fly ball. That's Lawyer 101 stuff - the fact that you don't have it in there does not give me any confidence in the reliability of your release scheme.

Honestly, don't cheap out with this stuff. Spend the little bit of money and get a liability policy. That way you're covered even when you're outside your studio and something should happen. Or if someone is walking in and trips and falls. Plus, you don't have to ask someone to sign this big disclaimer that can be intimidating.

John

[John Mireles]

One more thing to add. Your release will not stop someone from suing you. You can use your release as a defense against any judgement, but, you still have to have an attorney respond to the lawsuit, make motions, show up in court, attempt to settle and ultimately, plead your case in front of a jury. That's tens of thousands of dollars just to get to the point that you can get a jury to make a decision on whether your release is any good. And then they could decide that your release isn't good enough so you're liable for a big judgement.

Any personal injury lawyer is knows this. If their client should injure themselves at your business, they're going to hit you with a demand for a lot of money. You'll go to your lawyer who will tell you that to litigate the case will cost even more money than you'd pay out in a settlement. So you have a decision to make, do you pay a known amount to get out of the case now? Or, do you pay for the costs of litigation and take the chance that you might lose and pay way, way more? 9 out of ten times, people settle - especially if you don't have deep pockets.

Just get the insurance policy and you won't have to pay an extra dime. Not one penny more if you get sued. You don't even have to pay a deductible and all of your legal costs are covered. This scheme of yours is pennywise and pound foolish.

John

[00silvergt]

One more thing to add. Your release will not stop someone from suing you. John


They won't sue you if you included a Arbitrary Rider/mediation clause.;) They can't, well they can but it won't be in front of a judge..You may still want to hire a lawyer, depending on your negotiation skills.

[John Mireles]

Adding in an arbitration clause still doesn't stop you from getting sued. Again, a smart lawyer will sue you in court and then force you to hire a lawyer and get it put in front of an arbitrator. The plaintiff's lawyer will create as much work as he can for you because he knows that you will have to pay a lawyer $300 per hour to deal with this stuff. That will get you thinking settlement really fast.

Even if you do end up in front of an arbitrator, you still have to go through all of the usual discovery, motions and court proceedings. You're looking at $5,000 for the simplest of cases and a lot more if you need to call in experts and take depositions. When liability insurance is maybe $300, it just doesn't make sense to chance it.

John

[zorz]

Thank you John and others. I'm persuaded. Will look into obtaining an insurance.

[00silvergt]

Adding in an arbitration clause still doesn't stop you from getting sued. Again, a smart lawyer will sue you in court and then force you to hire a lawyer and get it put in front of an arbitrator. The plaintiff's lawyer will create as much work as he can for you because he knows that you will have to pay a lawyer $300 per hour to deal with this stuff. That will get you thinking settlement really fast.

Even if you do end up in front of an arbitrator, you still have to go through all of the usual discovery, motions and court proceedings. You're looking at $5,000 for the simplest of cases and a lot more if you need to call in experts and take depositions. When liability insurance is maybe $300, it just doesn't make sense to chance it.

John

Yes, Liability insurance is the smartest way to go with any business. Since they will represent you and your case and hire lawyers you wouldn't be able to afford.

Thank you John and others. I'm persuaded. Will look into obtaining an insurance.


Look in at least 1,000,000 of liability. That's pretty standard, at least in California. Some places won't let you work if you don't have 2,000,000.

[zorz]

Got my liability insurance from Hill and Usher for $350 per year...

[John Mireles]

Ed:

Great to hear that! That's the same broker that I use.

John

[zorz]

Ed:

Great to hear that! That's the same broker that I use.

John

John,

Are you a WPPI member, by any chance? Supposedly, HU would give the coverage at a discount, then, but I have doubts...

P.S. I see quite an interesting link in your signature. Will check it out later, on a different topic.