Release check please?

[Daniel W.]

May I call on the collective wisdom of the forum to double check my release? I plan to use it for general purpose, but I have been "called upon" to shoot the various events for an organization and I'd like to cover my bases as much as possible.
--

Daniel Wang [photography]
Photographic Release (Minors)

For valuable consideration, I hereby confer on Daniel Wang the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of my minor child in which he/she may be included with others:

a) To copyright the same in photographer’s name goes here name or any other name that he/she may select;

b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, in accordance with state and federal laws. Re-use and/or re-publishing may be in forms of online content, print, and other mediums to be at the discretion of Daniel Wang.

c) To use my name or my child’s name in connection therewith if he/she so decides.

I hereby release and discharge Daniel Wang from all and any claims and demands ensuing from or in connection with the use of the photograph(s), including any and all claims for libel and invasion of privacy.

This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of photographer Daniel Wang as well as the person(s) for whom he/she took the photographs.

I have read the foregoing and fully understand the contents hereof. I represent that I am the parent / guardian of the above named model. For value received, I hereby consent to the foregoing on his/her behalf.

Dated: _______________________________________

Minor's Name:__________________________________

Parent or Guardian:_______________________________

Address:______________________________________

City:__________________________________________

State/Zip:______________________________________

Phone:________________________________________

Witness:_______________________________________


AND

Adult (18+) Release

In consideration of my engagement as a model, upon the terms herewith stated, I hereby give to Daniel Wang, his/her heirs, legal representatives and assigns, those for whom Daniel Wang, and those acting with his/her authority and permission:

a) The unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever. Such use may be in print, online content, or other mediums to be decided at the discretion of Daniel Wang.

b) I also permit the use of any printed material in connection therewith.

c) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.

d) I hereby release, discharge and agree to save harmless Daniel Wang, his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, 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.

e) I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.

Dated: _____________________________________

Signed:_____________________________________

Address:____________________________________

City:_______________________________________

State/Zip:____________________________________

Phone:______________________________________

Witness:_____________________________________



(Thanks in advance!)

[kachina]

You should probably have an attorney look at it if you are concerned. Item (c) on the minor release may be a stickler for some parents - me included. Also, you may want to put a blank in for the compensation you provided in return for the release (CD, prints, cashola, etc.). However, I am not an attorney. Don't forget the liability insurance and the rest of the stuff to "cover your bases" unless you are an employee of the organization.

[Resa]

I have to agree with Rusty about letter "C" on the Minor Release. No offense, but as a mom of three children, I absolutely would NOT sign that minor release based on letter "C". I would have no problem allowing you to use the photographs for advertising, but see no reason on earth why you would need to use their names, and possibly put them in danger. There are too many freaks in this world today.

[Daniel W.]

I think I'm going to omit item (c), as it seems rather extraneous. The only situation I'd see where I'd be using a name, would be a caption sheet (cutlines), editorially. That being said, I'll be looking into a consult soon. Thanks everyone!

[fivegrand]

I would change (on both releases) the language that seems to "give permission to" or "confer upon" copyright to the photographer.

That is not the model or guardian's right to confer or give permission for, unless you're in Canada and they're paying you (and they're not very bright).

I would change the language to show that the signers *recognize* that copyright is held by you, the photographer, barring other arrangements (such as WMFH, which would be a fairly different document anyway).

My two cents...

[Daniel W.]

Thanks! The consult also brought that up and the document has been changed to cover the "recognition" of copyright, and minor "name" issue.

Thanks again,
Dan