Photography Release Form

Please remove Form Template Instructions before publishing this form

Important Considerations:

• Legal Counsel: It's highly recommended to have a lawyer review your photography release form to ensure it's legally sound and protects your interests. Laws can vary by location.
• Clarity: Use clear and concise language. Avoid legal jargon that the average person won't understand.
• Specificity: The more specific you are about the usage rights, the less room there is for misunderstandings or disputes later.
• Consideration: While not always required, providing some form of consideration (e.g., payment, copy of photos) can strengthen the agreement.
• Witness: Having a witness present during signing can also be beneficial.
• Moral Rights: Be aware of moral rights laws in your jurisdiction. These rights, which often protect the integrity of the image, may not be entirely waivable.
• Keep Records: Keep signed release forms in a safe place. They are essential if any disputes arise.

I. Photographer Information: This section is essential for identifying the photographer and ensuring the model/subject knows who they are dealing with. Accurate contact information is crucial for future communication.  

II. Model/Subject Information: This section identifies the person being photographed. If the model/subject is a minor, you must collect the parent/guardian's information and signature, as they are the ones granting permission. The minor's date of birth is important to verify their age.  

III. Photo Usage Rights (The Most Critical Section): This is where you define exactly how the photos can be used. Vague language here is a recipe for disputes. Each point needs to be addressed clearly and specifically:

• Purpose of Photography: Be precise (e.g., "commercial photography for the purpose of advertising Product X," not just "commercial photography").
• Where Photos Will Be Used: List all potential uses (e.g., website, social media, brochures, billboards, stock photo sites). If you plan to use them in ways not listed, you'll need a new release.
• Advertising/Promotion: As discussed previously, if "yes," detail the specific products/services being advertised. This requires careful consideration and likely legal review.
• Selling/Licensing to Third Parties: If "yes," specify the types of licenses, permitted uses by third parties, and the model's/subject's share of any proceeds. Legal counsel is essential here.
• Alterations/Modifications: Define what is allowed and what is not. Address retouching, compositing, color changes, etc. Consider requiring model/subject approval for significant alterations.  
• Exclusivity: Specify if the release is exclusive (only the photographer can use the photos in the agreed-upon ways) or non-exclusive (the model/subject can also use them).
• Duration of Release: How long can the photos be used? "In perpetuity" means forever. Specify a time limit if applicable.
• Geographic Area: Where can the photos be used? (e.g., worldwide, specific country, online only).

IV. Model/Subject Representations and Warranties: This section confirms that the person signing the release has the right to do so. It's crucial for protecting the photographer. If the model/subject is a minor, the parent/guardian must affirm their authority to sign.  

V. Release and Waiver: This is a crucial legal component. It releases the photographer from liability related to the use of the photos. It often includes a waiver of the right to inspect or approve the final photos. However, waivers don't always hold up in court, especially regarding moral rights or gross negligence.  

VI. Other Information: This section clarifies who owns the copyright. Typically, it's the photographer, but it can be negotiated. Even if the photos are licensed, the photographer usually retains copyright.

VII. Signatures: Both the photographer and the model/subject (or parent/guardian if a minor) must sign and date the form. Having a witness present during signing is a good practice.