Photo and video release
This Photo and Video Release (the “Release”) is given on [Shoot date] by [Subject full name] (the “Subject”) to [Producer legal name], of [Producer address] (the “Producer”), in connection with [Project or event] (the “Project”).
1. Consent to recording
The Subject consents to being photographed, filmed and audio recorded by or for the Producer in connection with the Project, on [Shoot date] and on any later dates the Subject agrees to (the “Recordings”).
2. Grant of rights
The Subject grants to the Producer, and to its affiliates, licensees, successors and assigns, the [non-exclusive / exclusive], [perpetual / for a term of Number years], worldwide, royalty-free right to use, reproduce, edit, adapt, publish, display, broadcast, distribute and make available the Recordings, and the Subject's name, likeness, image, voice, biographical information and statements as captured in the Recordings (the “Likeness”), in all media now known or later developed, including print, websites, social media, television, streaming, advertising, presentations and internal communications.
The Producer may use the Recordings for [marketing, advertising and promotion of the Producer and its products and services / editorial and documentary purposes / internal training only / other stated purposes].
The Producer may crop, edit, retouch, combine with other content, and add captions to the Recordings, but will not edit them in a way that is defamatory, or that would reasonably be seen as portraying the Subject in a false or offensive light, and will not use them to imply the Subject's endorsement of a political, religious or sensitive cause.
3. Ownership
The Producer owns all rights, including copyright, in the Recordings. The Subject will not claim any ownership in them. The Producer is not obliged to use the Recordings.
4. Compensation
In exchange for this Release, the Subject will receive [Compensation, for example a fee of Amount, product, or no compensation]. The Subject acknowledges that this is full consideration and that no further payment, royalty or residual is owed for any use of the Recordings, except as required by any applicable union or guild agreement that the parties have identified in writing.
5. Credit
The Subject's preference for credit is: [Use my name / Use my first name only / Do not identify me by name]. The Producer will make reasonable efforts to follow this preference where it credits people, but is not obliged to credit the Subject.
6. Waiver of approval and moral rights
The Subject waives any right to inspect or approve the finished materials or the text used with them. To the extent the Subject has moral rights or similar rights in any contribution to the Recordings, the Subject waives them in favour of the Producer, to the extent permitted by law.
7. Release of claims
The Subject releases the Producer and its affiliates, licensees, employees and agents from claims relating to the use of the Recordings and Likeness in line with this Release, including claims for invasion of privacy, appropriation of personality, right of publicity and defamation, except claims arising from use that breaches this Release.
8. Privacy
The Producer will collect, store and use the Subject's personal information, including their contact details and the Recordings, only for the Project and the uses described in this Release, and will handle it in line with applicable privacy law and its privacy policy at [Privacy policy URL]. The Subject may contact [Privacy contact email] with questions about their personal information.
9. Withdrawal of consent
The Subject may ask the Producer in writing to stop new uses of the Recordings. The Producer will make reasonable efforts to stop new uses within [30] days, but is not obliged to recall or remove materials already printed, broadcast, distributed or published, or to remove the Recordings from archives. Where privacy law gives the Subject a right to withdraw consent, the Producer will honour it to the extent the law requires.
10. Subject's confirmations
The Subject confirms that: they are at least the age of majority where they live, or a parent or guardian has signed below; they have the right to grant this Release and are not bound by an agreement that conflicts with it; and they have read and understood this Release.
11. Minors
If the Subject is under the age of majority, the undersigned parent or legal guardian consents on the Subject's behalf to the recording and uses described in this Release, confirms they have legal authority to do so, and agrees to the release in section 7 on behalf of themselves and the Subject. Where the law requires, the Producer will also follow rules on working with minors, such as permits, supervision and limits on hours.
12. Governing law and disputes
This Release is governed by the laws of [Province or state] and the federal laws of [Country] that apply there, without regard to conflict-of-laws rules that would apply the law of another place.
13. Notices
Any notice under this Release must be in writing and delivered by hand, by courier, by registered mail, or by email to the address shown in the signature block or another address given by notice.
A notice is received: when delivered, if delivered by hand or courier on a business day before 5:00 PM local time at the place of receipt, and otherwise on the next business day; on the fifth business day after mailing, if sent by registered mail; and when sent, if sent by email before 5:00 PM local time of the recipient on a business day with no automated message that it was not delivered, and otherwise on the next business day.
Routine operational communications may be sent by any reasonable means, but a notice of breach, termination or a claim must also be sent by a method listed above.
14. Entire agreement and general terms
Entire agreement. This Release, including any schedules and documents it expressly refers to, is the entire agreement about its subject matter and replaces all earlier discussions, proposals and agreements about that subject matter, whether written or oral.
Amendments and waivers. A change to this Release is effective only if it is in writing and signed by each party. A failure or delay in enforcing a right is not a waiver of it, and a waiver of one breach is not a waiver of any other breach.
Assignment. No party may assign this Release without the prior written consent of the others, which will not be unreasonably withheld, except that an organization may assign it without consent to a successor to all or substantially all of its relevant business or assets by giving written notice. This Release binds and benefits the parties and their permitted successors and assigns.
Severability. If any provision is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of this Release stays in full force.
Interpretation. Headings are for convenience only. The words “including” and “includes” mean “including without limitation”. Amounts are in [Currency] unless stated otherwise. A reference to a law includes any amendment or replacement of it.
Language. The parties have expressly required that this Release and all related documents be drawn up in English. Les parties ont expressément exigé que la présente entente et tous les documents connexes soient rédigés en anglais.
15. Counterparts and electronic signatures
This Release may be signed in any number of counterparts, each of which is an original and all of which together form one document.
The parties agree that this Release may be signed and delivered electronically, including through an electronic signature service such as eSora Sign. An electronic signature, and a signed copy delivered by email or as a PDF, has the same legal effect as a handwritten signature on a paper original, to the extent permitted by applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted in the relevant state, Part 2 of the Personal Information Protection and Electronic Documents Act (PIPEDA), and provincial electronic commerce legislation in Canada.
Each party consents to receive this Release and related notices electronically, and agrees that the electronic record of the signing process, including any certificate of completion and audit trail, may be used as evidence that this Release was signed and of when it was signed.
Signatures
By signing below, the Subject (or the parent or guardian of a minor Subject) confirms that they have read and agree to this Release. The Producer confirms its agreement to the uses and limits set out above.
SUBJECT
Name: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________
PARENT OR GUARDIAN (IF SUBJECT IS A MINOR)
Name: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________
PRODUCER
Organization: [Legal name of organization]
Name: ______________________________
Title: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________