Re: a simple model release

Kim Mosley <mrkimmosley@xxxxxxxxx> · Sun, 16 Jan 2011 18:01:44 -0600

I can't imagine why any parent would sign this unless the "consideration" was very substantial. You could use the picture for a national ad campaign. It could be used in an article "Abused child fights depression" (I know of a situation like this which luckily did not go to court). I also wonder if the "consideration" has to be defined. Suppose you give the subject a check that bounces. They would have no recourse, because you could claim that the "consideration" was not the check.

Kim

On Sun, Jan 16, 2011 at 5:50 PM, Herschel Mair <herschel@xxxxxxxxxxxxxxxx> wrote:

    Here's my final
        product which you may use, abuse, rewrite, copy, plagiarize,
        distort or print and use to wrap fish.

    It's
        still too long and scary but I have to cover myself for the
        photoshopping and skin retouching that I do to the pics.

    MODEL RELEASE FOR
        MINOR
    In
      exchange for consideration received, I
        hereby grant the following rights and permissions to
        photographer Herschel
        Mair.
    He
        has the right and permission to take, use, reuse, publish, and
        republish
        photographic portraits or pictures of the minor, or in which the
        minor may be
        included, in whole or in part, without restriction as to changes
        or alterations
        from time to time, or reproductions of such photographs in color
        or otherwise,
        made through any medium, at Herschel Mair’s studios or
        elsewhere, and in any
        and all media now or hereafter known, including the internet,
        for art,
        advertising, trade, or any other purpose whatsoever. I also
        consent to the use
        of any published matter in conjunction with such photographs. I
        specifically
        consent to the digital compositing or retouching of the
        portraits or pictures,
        including, without restriction, any changes or alterations as to
        color,
        texture, size, shape, perspective, context, content, foreground
        or background. 
    I
        release, discharge, and agree to hold harmless and defend
        Herschel Mair, his
        legal representatives or assigns, and all persons acting under
        his permission
        or authority or those for whom he is acting, from any liability
        by virtue of
        any reason in connection with the making and use of such
        photographs, including
        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 of them, including without limitation any claims for
        libel or
        violation of any right of publicity or privacy. I hereby warrant
        that I am a
        legal competent adult and a parent or legally appointed guardian
        of the minor,
        and that I have every right to contract for the minor in the
        above regard. I
        state further that I have read the above authorization, release,
        and agreement,
        prior to its execution, and that I am fully familiar with the
        contents of it.
        This release shall be binding upon the minor and me, and our
        respective heirs,
        legal representatives, and assigns. 

    SIGNED___________________________Name
        in block letters:_______________________
    Father, Mother or Legal
        Guardian

    SIGNED___________________________Name
        in block
        letters________________________
    Minor Model

    Date:______________________________

    ADDRESS____________________________________________
    _____________________________________________________
    _____________________________________________________
    _____________________________________________________

-- 
Kim Mosley
mrkimmosley@xxxxxxxxx
Website: http://kimmosley.com

Blog: http://kimmosley.com/blog