RE: a simple model release

[mark@xxxxxxxxxxxxxxxxxxxx]

Well if the check bounces, you have a different crime there and consideration isn't going to play a part in that situation.  Years ago I dealt with many real estate transactions and it was common practice in order to keep the purchase price out of the majority of the paperwork for a lot of business reasons were so under the phase, "for $10 and other good and valuable consideration".  In that state consideration by state law had to be a minimum of $10 to be valid for a real estate deal.  Some places might require a description of what the compensation is in the contract, but not all.  

Sometimes non payment creates other issues.  Many photographers will include a notice on the invoice, "no rights granted for use of any photos for any purpose till the invoice is paid in full."  Then if the client doesn't pay the bill, they don't send the bill for collections, they sue for copyright infringement.  That is a much bigger payday.

-------- Original Message --------
Subject: Re: a simple model release
From: Kim Mosley <mrkimmosley@xxxxxxxxx>
Date: Sun, January 16, 2011 6:01 pm
To: List for Photo/Imaging Educators - Professionals - Students
<photoforum@xxxxxxxxxxxxxxxxxx>

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 Mairâs 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