Photo by Scott Bourne – Attribution-NonCommercial-NoDerivs Creative Commons
NOTE: Please see an attorney for legal guidance. I am providing a copy of the model release that I use. It may not be right for you. It might not work for you. It probably WON’T work for you if you live outside the USA. It’s always best to consult an attorney who has experience in intellectual property and local laws that might impact what a model release should and should not say. But no matter what, it’s always better to have one than to not have one. Especially when photographing nudes. And it’s extremely important to get the release signef BEFORE you have the model disrobe and especially before you pay the model. No exceptions. Here’s the release I use.
Model Release Agreement for Nude Photographs
The parties to this release agreement are:
Names: ______________________________________
(Full name exactly as it appears on the model’s drivers’ license)
Address: ____________________________________
(City, County, State)
(Hereinafter referred to as “the Model”)
AND
Names: ____________________________________
(Full name exactly as it appears on the photographer’s drivers’ license)
Address: ____________________________________
(City, County, State)
(Hereinafter referred to as “the Photographer”)
Whereas for valuable consideration hereby acknowledged as received, the Model granted the Photographer permission to photograph and/or film and sound record the Model and furthermore grant permission to use the resulting work (“the Work”) according to the terms stated hereunder:
1. Any permission granted to the Photographer shall extend to his/her successors, legal representatives, licensees and assigns and shall be irrevocable and perpetual without any further or additional claim for compensation by the Model.
2. Permission is specifically granted for the Work to be edited, altered, distorted, used in whole or in part, in conjunction with other images, graphics, text and sound in any way whatsoever and without restrictions.
3. Permission herein granted is absolute and final and shall not be subject to further inspection or approval by the Model at any stage in the use of the Work.
4. Use of the Work shall be unrestricted as to location, quantity or frequency, may be for any purpose and in any medium whatsoever, whether foreseen or unforeseen at this time, except where such use is in contravention of the law.
5. Use of the Work may be in conjunction with the Model’s own or fictitious names.
6. The Photographer shall own all rights in the Work which shall accrue to the benefit of his/her successors, legal representatives and assigns.
7. The Model specifically acknowledges being fully aware of the nature of the photographs and warrants his/her consent to appear fully and/or partially nude in some or all of the photographs.
8. Notwithstanding the above, the following uses are specifically noted and agreed to, and specific exclusions for use listed here shall take precedence and restrict the use of the Work accordingly:
__________________________________________________________________________
List any specifics here
9. The Model warrants having read and understood this Model Release Agreement and warrants being of full legal age to enter into an agreement.
10. With full knowledge of the above, the Model hereby releases and shall hold harmless the Photographer and his/her successors, legal representatives, licensees and assigns from all claims or damages including but not limited to defamation or violation of right of privacy or publicity, resulting from or associated with the use of the Work.
11. The Model agrees that the provisions contained herein shall be binding upon the Model and his/her successors, legal representatives and assigns.
12. This Agreement shall be construed, interpreted and governed in accordance with the laws of the State of _________________________ (Your State) and should any provision of this Agreement be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.
13. The parties agree that any changes to this document must be agreed to by both parties and that said changes shall be appended to this agreement in writing, signed and dates by both parties.
14. The parties agree that any or all parts of this agreement may be submitted to the other party in legible and recordable electronic form and upon acknowledgement of receipt by the receiving party shall become valid parts of the agreement.
Signed at _____________________________________ this _____ day of _______________________, 20____
(City, County, State) (Day) (Month) (Yr)
Model’s Signature: _______________________
Photographer’s Signature: __________________
Witness or Notary (Depending on local laws a witness or notary may be needed. In some jurisdictions no witness or notary is needed.)
This is not legal advice. This is an example. Please consult with a member of your local Bar Association to find an attorney who specializes in intellectual property rights to make sure this release meets the requirements of your state.
_______
This Post Sponsored by:
lynda.com Learn photography anytime, anywhere, and at your own pace—from bite-sized tutorials to comprehensive courses. Try lynda.com free for 10 days by visiting lynda.com/Photofocus.
Epson get rebates of up to $1000 on select Epson printers.
ShootProof – Use code BOURNE20 to save 20% off the first year of any level plan – even monthly
Drobo – Not only is Drobo 5D fast, but it’s easy-to-use, expandable, flexible, and protected.
