Please evaluate this model release

I have tried to make this contract as comprehensive as I can. It's for trade sessions, so I haven't included anything about payment or collections.

Please read it and tell me if you notice any errors or anything that I need to add. I am especially curious whether the court reference in the Jurisdiction clause is correct.


New version: https://idealportraits​.com/share/Model%20Rel​ease.png

Old version (Original Post): http://idealportraits.​com/temp/New%20Release​%20v10.pdf

icor1031 wrote in post #19025691
I have tried to make this contract as comprehensive as I can. It's for trade sessions, so I haven't included anything about payment or collections.

Please read it and tell me if you notice any errors or anything that I need to add. I am especially curious whether the court reference in the Jurisdiction clause is correct.

http://idealportraits.​com/temp/New%20Release​%20v10.pdf

It seems to me that you have just copied, and slightly rephrased, the most verbose model release form that you could find on the internet. I doubt that any of your clients would actually understand it. It needs to be written in simple plain language that your clients can understand. Don’t forget, you are dealing with ordinary people, not lawyers. And something written in simple plain English is just as legally binding as something written in incomprehensible legalese.
Here in the UK most model release forms are just a series of tick boxes.

Keep in mind as well that unless someone responds that is an attorney, then any advice you receive should be approached with caution. Also, laws vary, state to state.

john crossley wrote in post #19025727
It seems to me that you have just copied, and slightly rephrased, the most verbose model release form that you could find on the internet. I doubt that any of your clients would actually understand it. It needs to be written in simple plain language that your clients can understand. Don’t forget, you are dealing with ordinary people, not lawyers. And something written in simple plain English is just as legally binding as something written in incomprehensible legalese.
Here in the UK most model release forms are just a series of tick boxes.

I couldn't agree more with John's opinion on this. I realize you are attempting to come up with a good and legal document to protect yourself. That makes sense but you don't want to come up with lengthy legalese that will intimidate the ordinary person. It's hard to understand. It is very complicated. Likely it will put people off and nobody will want to sign it. Tbh this is the sort of document that I would expect to see between corporations.

There are many excellent model releases out there and I'm sure you can find one. Most I've seen are one page or less. You could even take one of those standard docs and add a paragraph tailoring it to your special shoot or session which would cover all the bases. That would be very effective, intimidating and get you more business. People are often very comfortable with that.

A very troubling part of your release concerns WAIVER OF LIABILITY. I understand your intent here but what happens if you set up some extreme, irresponsible, dangerous set of circumstances under which you want to do your photography? I assume you're smart enough not to do this but the client doesn't know that. IMO the way it's written is quite off-putting. I agree it may bear mentioning. However a shorter more general statement may be in order.

You have some very nice work on your site which indicates you've been already doing modeling shoots. Is this the document you currently use for that work?

sapearl wrote in post #19025812
A very troubling part of your release concerns WAIVER OF LIABILITY. I understand your intent here but what happens if you set up some extreme, irresponsible, dangerous set of circumstances under which you want to do your photography? I assume you're smart enough not to do this but the client doesn't know that. IMO the way it's written is quite off-putting. I agree it may bear mentioning. However a shorter more general statement may be in order.

Like this... https://petapixel.com …-historic-1920s-building/

John from PA wrote in post #19025847
Like this... https://petapixel.com …-historic-1920s-building/

Yikes! What a disaster! As much as we like unique photography we still need to be mindful of the environment.

john crossley wrote in post #19025727
It seems to me that you have just copied, and slightly rephrased, the most verbose model release form that you could find on the internet. I doubt that any of your clients would actually understand it. It needs to be written in simple plain language that your clients can understand. Don’t forget, you are dealing with ordinary people, not lawyers. And something written in simple plain English is just as legally binding as something written in incomprehensible legalese.
Here in the UK most model release forms are just a series of tick boxes.

Actually, I made this last night by combining four contracts, adding clauses, and also adding my own material within sections. Yes, I'm afraid of models being put off by this. However, I'm trying to avoid problems like this: https://petapixel.com …00000-model-photographed/

Can you suggest another release that would do what I want, but which is less intimidating?

Okay, I recreated it. I believe that it's now less intimidating. It covers most of the same material, but I think that this version is much easier to comprehend.

https://idealportraits​.com/share/Model%20Rel​ease.png

Personally I think a Model Release Form should contain something along the following lines:

• The name and contact details of the photographer
  
• The name, contact details, and date of birth of the model
  
• The date and location that the photographs were taken
  
• The type of photographs taken (portrait, fashion, glamour, etc)
  
• Recompense for the model (paid, free copies of images, etc)
  
• Usage (restricted, unrestricted, types of publications, etc)
  
• A declaration/disclaimer​/waiver clause
  
• Signatures and date (model, photographer, witness)
  

icor1031 wrote in post #19025911
However, I'm trying to avoid problems like this: https://petapixel.com …00000-model-photographed/

No contract will protect you against the situation described in that article. The photographer did nothing wrong and is being sued over something he had absolutely no power to prevent. Stupid people will sue regardless of what is in the contract.

icor1031 wrote in post #19026208
Okay, I recreated it. I believe that it's now less intimidating. It covers most of the same material, but I think that this version is much easier to comprehend.

https://idealportraits​.com/share/Model%20Rel​ease.png

1. They don't give you anything, they grant

2. Clause A is a total mess. They can't grant you the right to copyright or use .... because they don't have those rights. They are already your rights from the second you press the shutter. Also a model release is not for the use of images, sound, video.... again as copyright holder all these are yours to do with as you please. A model release is a grant of rights by the model to use their likeness.

3. Clause B - they don't own those rights so can't grant them.

and on and on....

You really need to get a lawyer to do a proper one, or else get one from a reputable Professional Photographer Org.

Conclusion
This is a (really badly drafted) contract, not a model release. You have written it to protect you against stupid, when stupid will go ahead and sue anyway. A contract should define the terms, schedule and deliverable of a deal, not list all the stupid you don't want people to do.

The one thing your Model Release doesn't do? Release. There is no grant of rights to use the models likeness, which is the whole point of a release.

Dan Marchant wrote in post #19027061
1. They don't give you anything, they grant

2. Clause A is a total mess. They can't grant you the right to copyright or use .... because they don't have those rights. They are already your rights from the second you press the shutter. Also a model release is not for the use of images, sound, video.... again as copyright holder all these are yours to do with as you please. A model release is a grant of rights by the model to use their likeness.

3. Clause B - they don't own those rights so can't grant them.

and on and on....

You really need to get a lawyer to do a proper one, or else get one from a reputable Professional Photographer Org.

Conclusion
This is a (really badly drafted) contract, not a model release. You have written it to protect you against stupid, when stupid will go ahead and sue anyway. A contract should define the terms, schedule and deliverable of a deal, not list all the stupid you don't want people to do.

The one thing your Model Release doesn't do? Release. There is no grant of rights to use the models likeness, which is the whole point of a release.

That's scary because most of this is from other contracts that I found. I don't know how I'd evaluate a contract (e.g. from a professional photographer organization) to determine whether it's any better.

Reading this, I am so very, very happy that I no longer have to arm wrestle with legal 'advisors' when I used to make business development deals for the research company I worked for.

Everything would run along OK till the legals got involved - as much on my side as the other.

"Well, what if the moon decides to plummet from the sky and wipe the project out, just as a tsunami carries the researchers away? What then, eh?"

Spencerphoto wrote in post #19027120
"Well, what if the moon decides to plummet from the sky and wipe the project out, just as a tsunami carries the researchers away? What then, eh?"

That was beautifully stated.

icor1031 wrote in post #19027064

Dan Marchant wrote in post #19027061
This is a (really badly drafted) contract, not a model release.

That's scary because most of this is from other contracts that I found.

So did you find any model releases?