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Thread: Model Release Form

  1. #21

    Default Re: Model Release Form

    Quote Originally Posted by vince123123
    I wasn't wondering how come an indemnity can span 2-3 pages, I was asking if you have a link to your form somewhere for the rest to review and possibly use. After all, its no point telling us what you did for your friend unless its available for reference.
    Haha..

    Sorry, I did not see your post until after I posted my second given the time lag- both internet and my own activity pursuit.

    I regret that I will not be making available that indemnity form simply because it was undertaken on a personal-professional basis. Constructed from scratch for his purposes, the form may cost a few hundreds to thousand(s) should you seek professional assistance.

    However, I would be most willing to assist you if you have any quarries and only on a non-biding, non-professional basis, without liability whatsoever.

    Haha..think you must sign my indemnity form saying you wont sue me fro any wrong info first. Grins. Kidding

    Up to help u guys as you do me in my photography.

  2. #22

    Default Re: Model Release Form

    too much law makes one go crazy...

  3. #23

    Default Re: Model Release Form

    so can u define wat is the Rights of a 16 yr old & the consent sign by the 16 different?

  4. #24

    Default Re: Model Release Form

    I had a question posted to me, which I shall reply here given the public interest.

    I had in my post stated that "age 16" relates to sexual consent in response to Dr The's question of requiring someone above/under 16 signing a release form. I replied that 16 has no bearing in relation to what Dr The seeks. Instead, he should be looking at the ages of 21 for the Repbulic of Singapore.

    Some photographers were concerned about the issue of age 16 in regards sexual consent and MORE IMPORTANTLY- the consent to taking artistic / nude photos by a girl under 16 years of age.


    Before I continue, let me provide a common disclaimer that while the below is provided in my best knowledge, they should not be relied upon for legal defense nor should they be considered legal advice in whatever capacity. This applies to all my other posts in this earlier thread.


    14 years old and under - regardless of consent granted.
    Under SINGAPORE'S Penal Code, sexual activity with a girl aged 14 and under is RAPE, REGARDLESS OF THE FACT IF SHE HAD GIVEN CONSENT A NOT. Even if she finds you drop-dead handsome and years for you, you commit rape should you allow yourself to be induced. This applies for an adult lady having any such relationships with a boy 14 years and under.


    16 years old and below -
    Although the penal code stops at 14, the Womens Charter has the following provisions:

    PART XI
    OFFENCES AGAINST WOMEN AND GIRLS

    Offences relating to prostitution
    140. —(1) Any person who —
    .
    .
    .
    (i) has carnal connection with any girl below the age of 16 years except by way of marriage
    .
    .
    shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 5 years and shall also be liable to a fine not exceeding $10,000.


    Question: Can I take semi-nude / artistic pictuers of a girl aged 16 and under in Singapore?

    Recommendation: NO

    Question: Can I take semi-nude / artistic pictuers of a girl aged 18 and under IN THE UNITED STATES OF AMERICA?

    Answer: Yes. But I shall not provide you the laws that cover your ass. Go find out. =)


    Remember that each different country has different laws concerning age of conents and rights of photographers. Even if you take photo in Singapore, but host your web-site / online picture blogs overseas... you will be liable to the laws of that other country too. Yea..it gets into complicated realms. But thats how globalization and being internationally connected affects us.


    I will not respond to Zhang3feng's question on the Rights of 16 year olds as it does not concern photography nor is it of public interest. More importantly, no 16 year old has paid me enough to start researching / reading up on his or her rights. No offence.

    Cheers

  5. #25
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    Default Re: Model Release Form

    tsdh's model release forms are quite comprehensive, i would use them!

  6. #26
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    Default Re: Model Release Form

    Quote Originally Posted by DR THE
    Anyone have a good Model Release form to share?
    will cover most of the items? and protect us
    This is the one i always use:

    For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I __________________________________________________
    [name of model] on my own behalf and on behalf of ___________________________________________[name of company, if model is an employee acting within
    scope of employment] (the “Model”) hereby irrevocably acknowledge and agree in favor of the photographer or artist named below (the “Photographer”), and the
    Photographer’s heirs, executors, legal representatives, licensees, successors and assigns, those for whom the Photographer may be acting, and those who may be
    acting with the Photographer’s authority and permission (collectively, the “Authorized Parties”) as follows:
    1. In the event photographs, illustrations, video or other images of, including or depicting the Model are taken or created by or on behalf of the Photographer in any media
    (“Images”), all worldwide right, title and interest in and to the Images and all related materials (including copyright, all other intellectual property and other proprietary
    rights) shall be owned by the Photographer or as the Photographer may determine.
    2. The Photographer shall have the irrevocable right (which may be licensed, transferred, granted or assigned to other parties as the Photographer sees fit) to use, publish,
    reproduce, create derivative works of, distribute, publicly perform and publicly display, either digitally or in any other medium now known or later developed, such Images
    in any form, including without limitation, use as part of a composite or distorted in character or form, without restriction as to text, changes or alterations, whether
    or not in conjunction with the Model’s name or a fictitious name, for illustration, promotion, art, editorial, advertising, trade, publishing, or any other commercial purpose
    whatsoever. The Model also consents to the use of any narrative, text, audio, sound, action, program, effect or other matter that may be used in connection with the
    Images and the permitted uses, and irrevocably waives any right that the Model may have to inspection or approval of any of the deliverables or uses contemplated in
    this Release. In consideration of the Model’s consent and release, the Photographer will use reasonable commercial efforts to ensure that the Images will not be used
    for any pornographic, obscene, defamatory or libelous purpose.
    3. The Model hereby irrevocably releases the Photographer and each of the Authorized Parties, and any and all other parties acting under right, title, assignment, grant
    or license from the Photographer or the Authorized Parties, from any liability, costs or expenses arising by virtue of: (i) any blurring, distortion, alteration, optical illusion or
    use in composite form, whether intentional or otherwise, that may occur or be produced in the creation of the Images or in any subsequent use, processing or publication
    thereof; and (ii) any claim or cause of action, now known or later developed, resulting from or in connection with any use of the Images contemplated by this Release,
    including without limitation, any claims for libel, defamation, invasion of privacy, or breach of publicity or other property rights.
    4. The person or persons signing this Release represent and covenant that: (i) if the Model is signing this Release, that he/she is of full legal age and has the right and
    capacity to contract in their own name in their jurisdiction of residence; (ii) if a parent or guardian is signing for the Model, that the person or persons signing have full
    authority in the jurisdiction in which the Release is executed to sign this Release on behalf of the Model; (iii) if acting as an employee of a company or other entity, the
    person or persons signing this Release have authority to bind the company or other entity; (iv) the person or persons signing this Release have carefully read the above
    Release prior to signing, and are fully familiar with the contents and consequences of it; and (v) this Release shall be binding without restriction as to time or otherwise
    upon the Model and his/her heirs, executors, legal representatives, successors and assigns, as the case may be.
    Notes: [insert particulars of consideration or other relevant information]
    __________________________________________________ __________________________________________________ _______________________________________
    Photographer
    Name (print) __________________________________________________ __
    Date _____________________ *Signature___________________________
    Phone____________________ Address ____________________________
    City _________________ State/Province ______ Zip/Postal Code _________
    Country ________________________Email: __________________________
    Witness (NOTE: All persons signing and witnessing must be of legal age
    and capacity in the area in which this Release is signed. A person cannot
    witness their own release)
    Name (print) __________________________________________________ __
    Date _____________________ *Signature___________________________
    Model
    Name (print) __________________________________________________ __
    Date _____________________ *Signature___________________________
    Phone____________________ Address ____________________________
    City _________________ State/Province ______ Zip/Postal Code _________
    Country ________________________Email: __________________________
    Parent(s) or Guardian(s) (if person is a minor or lacks capacity in the jurisdiction
    of residence)
    Name (print) __________________________________________________ __
    Date _____________________ *Signature___________________________
    Phone____________________ Address ____________________________
    City _________________ State/Province ______ Zip/Postal Code _________
    Country ________________________Email: __________________________

  7. #27
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    Default Re: Model Release Form

    Bleuwhale is a professional lawyer, and his advise is professional, hence we should pay him for his time. Same argument as those saying we should not shoot for cheap/free. Thanks bleuwhale, you have certainly given us much. I sincerely thank you (and this is NOT sarcasm).

    And that is why professional studios or photographer charge MUCH higher than freelancers, they have lawyers-in-hire to cover the contracts both for the photographer and the client; and probably insurance, too.

  8. #28
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    Default Re: Model Release Form

    $1.00 is not free.....
    Nikon D3S & D700 FX Nikon AFS 70-200mm f/2.8VR2 & AF-S 24-70mm f/2.8G ED
    Nikon SB-900

  9. #29

    Default Re: Model Release Form

    Quote Originally Posted by wildstallion
    This is the one i always use:

    For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I __________________________________________________
    [name of model] on my own behalf and on behalf of ___________________________________________[name of company, if model is an employee acting within
    scope of employment] (the “Model”) hereby irrevocably acknowledge and agree in favor of the photographer or artist named below (the “Photographer”), and the
    Photographer’s heirs, executors, legal representatives, licensees, successors and assigns, those for whom the Photographer may be acting, and those who may be
    acting with the Photographer’s authority and permission (collectively, the “Authorized Parties”) as follows:
    1. In the event photographs, illustrations, video or other images of, including or depicting the Model are taken or created by or on behalf of the Photographer in any media
    (“Images”), all worldwide right, title and interest in and to the Images and all related materials (including copyright, all other intellectual property and other proprietary
    rights) shall be owned by the Photographer or as the Photographer may determine.
    2. The Photographer shall have the irrevocable right (which may be licensed, transferred, granted or assigned to other parties as the Photographer sees fit) to use, publish,
    reproduce, create derivative works of, distribute, publicly perform and publicly display, either digitally or in any other medium now known or later developed, such Images
    in any form, including without limitation, use as part of a composite or distorted in character or form, without restriction as to text, changes or alterations, whether
    or not in conjunction with the Model’s name or a fictitious name, for illustration, promotion, art, editorial, advertising, trade, publishing, or any other commercial purpose
    whatsoever. The Model also consents to the use of any narrative, text, audio, sound, action, program, effect or other matter that may be used in connection with the
    Images and the permitted uses, and irrevocably waives any right that the Model may have to inspection or approval of any of the deliverables or uses contemplated in
    this Release. In consideration of the Model’s consent and release, the Photographer will use reasonable commercial efforts to ensure that the Images will not be used
    for any pornographic, obscene, defamatory or libelous purpose.
    3. The Model hereby irrevocably releases the Photographer and each of the Authorized Parties, and any and all other parties acting under right, title, assignment, grant
    or license from the Photographer or the Authorized Parties, from any liability, costs or expenses arising by virtue of: (i) any blurring, distortion, alteration, optical illusion or
    use in composite form, whether intentional or otherwise, that may occur or be produced in the creation of the Images or in any subsequent use, processing or publication
    thereof; and (ii) any claim or cause of action, now known or later developed, resulting from or in connection with any use of the Images contemplated by this Release,
    including without limitation, any claims for libel, defamation, invasion of privacy, or breach of publicity or other property rights.
    4. The person or persons signing this Release represent and covenant that: (i) if the Model is signing this Release, that he/she is of full legal age and has the right and
    capacity to contract in their own name in their jurisdiction of residence; (ii) if a parent or guardian is signing for the Model, that the person or persons signing have full
    authority in the jurisdiction in which the Release is executed to sign this Release on behalf of the Model; (iii) if acting as an employee of a company or other entity, the
    person or persons signing this Release have authority to bind the company or other entity; (iv) the person or persons signing this Release have carefully read the above
    Release prior to signing, and are fully familiar with the contents and consequences of it; and (v) this Release shall be binding without restriction as to time or otherwise
    upon the Model and his/her heirs, executors, legal representatives, successors and assigns, as the case may be.
    Notes: [insert particulars of consideration or other relevant information]
    __________________________________________________ __________________________________________________ _______________________________________
    Photographer
    Name (print) __________________________________________________ __
    Date _____________________ *Signature___________________________
    Phone____________________ Address ____________________________
    City _________________ State/Province ______ Zip/Postal Code _________
    Country ________________________Email: __________________________
    Witness (NOTE: All persons signing and witnessing must be of legal age
    and capacity in the area in which this Release is signed. A person cannot
    witness their own release)
    Name (print) __________________________________________________ __
    Date _____________________ *Signature___________________________
    Model
    Name (print) __________________________________________________ __
    Date _____________________ *Signature___________________________
    Phone____________________ Address ____________________________
    City _________________ State/Province ______ Zip/Postal Code _________
    Country ________________________Email: __________________________
    Parent(s) or Guardian(s) (if person is a minor or lacks capacity in the jurisdiction
    of residence)
    Name (print) __________________________________________________ __
    Date _____________________ *Signature___________________________
    Phone____________________ Address ____________________________
    City _________________ State/Province ______ Zip/Postal Code _________
    Country ________________________Email: __________________________
    Based on quick glance, and only that, the above provided model release by WildStallion [and we all thank you] seems pretty good. However, as many of you to free photoshoots, please make the necessary alterations to the first line:

    "For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged..."

    Since there is to be no exchange of fees, there is no consideration in this matter.


    For all, please note that a Model Releases and an Indemnity Release are two seperare issues that can be combined into one document. A Model Release simply is a document you get the model to sign to allow you to use the works in whatever manner you so deem. An indemnity release- which you too should pay close attention to- deals with damages, loss of financial earnings, compensation for events resulting from the shoot be that due to the negligence of the photographer a not.

    As mentioned, WildStallion's MODEL release is pretty good. However, if lets say the model's dress should catch fire (as in the recent case of the malaysia girl suffering from excessive burns) or a professional model should feel her reputation ruined by just on photo taken ... blabla... your model release does not cover the said and as such, puts you in a position open to claims from the models.

    Do therefore consider seeing Model Release AND Indemnity Release as existing in one package. Any American photographer who does not issue an Indemnity Release together with a Model Release is, in my humble opinion, "Reckless" and "Stupid".

    Think of the above.

    Cheers


    As always, willnig to help you guys with your questions as you enrich my understanding and knowledge of photography. However, none of my views or opinions herein expressed should be taken as legal advice nor relied upon as defence. They are just the rumblings of a Mad Young Chap.

  10. #30
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    Default Re: Model Release Form

    Quote Originally Posted by Bleuwhale
    Based on quick glance, and only that, the above provided model release by WildStallion [and we all thank you] seems pretty good. However, as many of you to free photoshoots, please make the necessary alterations to the first line:

    "For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged..."

    Since there is to be no exchange of fees, there is no consideration in this matter.


    For all, please note that a Model Releases and an Indemnity Release are two seperare issues that can be combined into one document. A Model Release simply is a document you get the model to sign to allow you to use the works in whatever manner you so deem. An indemnity release- which you too should pay close attention to- deals with damages, loss of financial earnings, compensation for events resulting from the shoot be that due to the negligence of the photographer a not.

    As mentioned, WildStallion's MODEL release is pretty good. However, if lets say the model's dress should catch fire (as in the recent case of the malaysia girl suffering from excessive burns) or a professional model should feel her reputation ruined by just on photo taken ... blabla... your model release does not cover the said and as such, puts you in a position open to claims from the models.

    Do therefore consider seeing Model Release AND Indemnity Release as existing in one package. Any American photographer who does not issue an Indemnity Release together with a Model Release is, in my humble opinion, "Reckless" and "Stupid".

    Think of the above.

    Cheers


    As always, willnig to help you guys with your questions as you enrich my understanding and knowledge of photography. However, none of my views or opinions herein expressed should be taken as legal advice nor relied upon as defence. They are just the rumblings of a Mad Young Chap.
    Hey thanks very much Bleuwhale, i can honestly say never really thought of an indemnity release togther with model release , but from now on i think i will use both, some great advise!

    Thanks Again

  11. #31
    Senior Member sammy888's Avatar
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    Default Re: Model Release Form

    Quote Originally Posted by Bleuwhale
    Based on quick glance, and only that, the above provided model release by WildStallion [and we all thank you] seems pretty good. However, as many of you to free photoshoots, Do therefore consider seeing Model Release AND Indemnity Release as existing in one package. Any American photographer who does not issue an Indemnity Release together with a Model Release is, in my humble opinion, "Reckless" and "Stupid".

    Think of the above.


    It had been great reading what you have written in length over this entire thread heh I have been well reminded again much of what I was taught before and have also learnt new things for future consideration and in some cases very much food for thought. Thanks.

  12. #32
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    Default Re: Model Release Form

    indemnity release .... ok

    so anyone got a good sample to start with ?
    Nikon D3S & D700 FX Nikon AFS 70-200mm f/2.8VR2 & AF-S 24-70mm f/2.8G ED
    Nikon SB-900

  13. #33

    Default Re: Model Release Form

    Quote Originally Posted by Bleuwhale
    I will not respond to Zhang3feng's question on the Rights of 16 year olds as it does not concern photography nor is it of public interest. More importantly, no 16 year old has paid me enough to start researching / reading up on his or her rights.
    wah liewzzz..... i'm not toking abt those nude or artistic shots of 16 yrs old la... wat i meant was her rights for model release or agreement to be photographed...

    it concern photography coz some models i shots are below the age of 18 or 21...

    but anyway thanks for ur penal code stuffs... remind me of my law study

  14. #34

    Default Re: Model Release Form

    Hope my postings have been informative to you guys.

    I will be away from my desk through the week and would return only this saturday. Please post any questions you have in this thread due to the limited PM capacity we have.

    Anyone knows how we can increase the PM capacity?

    Thanks

  15. #35
    Senior Member Pablo's Avatar
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    Default Re: Model Release Form

    Hi,

    Hoping I have not skipped by something that already answers this question

    What covers you if you take photo's of someone that comes to you
    but they kept from you that they model for someone ?

    You asked them before you start, "are you with an agency" they say, "no".

    After you have finished the shoot and produced the photo's, you find out they have an agent.

    What covers you from this.

    I hope this is not a stupid question.

    Time, is an effortless construction :)

  16. #36
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    Default Re: Model Release Form

    Quote Originally Posted by Pablo
    Hi,

    Hoping I have not skipped by something that already answers this question

    What covers you if you take photo's of someone that comes to you
    but they kept from you that they model for someone ?

    You asked them before you start, "are you with an agency" they say, "no".

    After you have finished the shoot and produced the photo's, you find out they have an agent.

    What covers you from this.

    I hope this is not a stupid question.

    I don't suppose it'll have anything at all to do with you. If at all the model has some sort of exclusive "stable" agreement with an agency and breaches that to shoot with you, then she is the one who's in trouble for breach of contract. You just have to cover your own end with the model with whatever releases / indemnities you feel are necessary.

  17. #37

    Default Re: Model Release Form

    Quote Originally Posted by Bleuwhale
    Hope my postings have been informative to you guys.

    I will be away from my desk through the week and would return only this saturday. Please post any questions you have in this thread due to the limited PM capacity we have.

    Anyone knows how we can increase the PM capacity?

    Thanks
    after u obtained the lv of member

  18. #38
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    Default Re: Model Release Form

    Quote Originally Posted by Bleuwhale
    Hope my postings have been informative to you guys.

    I will be away from my desk through the week and would return only this saturday. Please post any questions you have in this thread due to the limited PM capacity we have.

    Anyone knows how we can increase the PM capacity?

    Thanks
    when you reach 50 forum posts your inboxx will increase to 100, not as limiting as 10!

  19. #39
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    Default Re: Model Release Form

    For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I __________________________________________________
    [name of model] on my own behalf and on behalf of ___________________________________________[name of company, if model is an employee acting within
    scope of employment]
    (the “Model”) hereby irrevocably acknowledge and agree in favor of the photographer or artist named below (the “Photographer”), and the
    Photographer’s heirs, executors, legal representatives, licensees, successors and assigns, those for whom the Photographer may be acting, and those who may be
    acting with the Photographer’s authority and permission (collectively, the “Authorized Parties”) as follows:

    The Model hereby irrevocably releases the Photographer and each of the Authorized Parties, and any and all other parties acting under right, title, assignment, grant
    or license from the Photographer or the Authorized Parties, from any liability, costs or expenses arising by virtue of: (i) any blurring, distortion, alteration, optical illusion or
    use in composite form
    , whether intentional or otherwise, that may occur or be produced in the creation of the Images or in any subsequent use, processing or publication
    thereof; and (ii) any claim or cause of action, now known or later developed, resulting from or in connection with any use of the Images contemplated by this Release,
    including without limitation, any claims for libel, defamation, invasion of privacy, or breach of publicity or other property rights.
    ......
    Last edited by DR THE; 18th January 2006 at 03:55 PM.
    Nikon D3S & D700 FX Nikon AFS 70-200mm f/2.8VR2 & AF-S 24-70mm f/2.8G ED
    Nikon SB-900

  20. #40
    Senior Member Pablo's Avatar
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    Default Re: Model Release Form

    Quote Originally Posted by DR THE
    For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I __________________________________________________
    [name of model] on my own behalf and on behalf of ___________________________________________[name of company, if model is an employee acting within
    scope of employment]
    (the “Model”) hereby irrevocably acknowledge and agree in favor of the photographer or artist named below (the “Photographer”), and the
    Photographer’s heirs, executors, legal representatives, licensees, successors and assigns, those for whom the Photographer may be acting, and those who may be
    acting with the Photographer’s authority and permission (collectively, the “Authorized Parties”) as follows:

    The Model hereby irrevocably releases the Photographer and each of the Authorized Parties, and any and all other parties acting under right, title, assignment, grant
    or license from the Photographer or the Authorized Parties, from any liability, costs or expenses arising by virtue of: (i) any blurring, distortion, alteration, optical illusion or
    use in composite form
    , whether intentional or otherwise, that may occur or be produced in the creation of the Images or in any subsequent use, processing or publication
    thereof; and (ii) any claim or cause of action, now known or later developed, resulting from or in connection with any use of the Images contemplated by this Release,
    including without limitation, any claims for libel, defamation, invasion of privacy, or breach of publicity or other property rights.
    ......

    WoW COOL !

    Very much appreciated, I am shure.

    Cheers
    Time, is an effortless construction :)

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