is payment or other compensation required? does not compensating them invalidate the release?
i took out the compensation part of my releases...i have the sign and print their name and also have a witness and parents sign if minor...that seems be good enough to make it a legal doc.
From my limited understanding, for it to be binding, consideration needs to be exchanged. Consideration can be anything but needs to be something e.g. a print, $1 etc
is payment or other compensation required? does not compensating them invalidate the release?
i took out the compensation part of my releases...i have the sign and print their name and also have a witness and parents sign if minor...that seems be good enough to make it a legal doc.
thanks
Michael,
Most releases have something along the following line, "For good and valuable consideration herein acknowledged as received...," which then says that there has been some consideration already received. Thus, compensation has been given, even if it is just the pleasure of working with a Brooks graduate.
If there is no consideration, there is no contract. There has to be a quid pro quo. As part of a contract, you give something, the other person gives something. If only one party gives something, then it isn't a contract.
Not wanting to be mean, but wasn't something as basic as model and property releases covered in your studies? Given the importance of copyrights and rights in general in our litigious society, I would have thought that rights would be covered in detail.
Anyway, just use our friend Google to find several versions of model releases. Look for the consideration clause where it is already acknowledged as having been received. You should include the consideration as part of your document. In reality, you should have legal counsel review your release.
A good primer on the subject of model releases can be found here:
Per "Legal Handbook for Photographers" by Bert P. Krages, Esq, it is not neccasary and my be counter productive, he goes on to say that courts are frequently hostile when token amounts are used. As this book is general in nature state laws could be different.
Bert also says a release is not a contract.
This is a good book that I recomend.
White Balance so easy, even our 5 year old can do it.- Melissa Strickland
Consideration is only required for a binding contract. A release is not a contract. It merely gives the photographer permission to use the subject's likeness in whatever manner is spelled out in the signed release form.
Consideration is only required for a binding contract. A release is not a contract. It merely gives the photographer permission to use the subject's likeness in whatever manner is spelled out in the signed release form.
If it ain't a contract, then what is it?
If it gives a photographer permission to do something, it sounds like a contract to me. If the terms of the release are violated, how is it resolved?
A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda (pacts must be kept).[1]Breach of contract is recognised by the law and remedies can be provided. Almost everyone makes contracts every day. Sometimes written contracts are required, e.g., when buying a house.[2] However, the vast majority of contracts can be and are made orally, like buying a law text book, or a coffee at a shop. Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations (along with tort, unjust enrichment or restitution).
The first sentence above is pivotal. A legal binding exchange of promises or agreement between parties that the law will enforce.
While some states may not require a written release or the payment of money for a release, it is always wise to use a written release and make at least a small payment as consideration.
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Be certain that some amount of money, even a token amount, is actually paid as consideration for the release.
Call whatever you want (it is a contract). You have to abide by its terms. If you don't, the other person has legal recourse.
A contract is legally binding only if each party obtains something of value (referred to as "consideration") in return for performance of obligations. For this reason, releases traditionally stipulated payment of a nominal amount such as one dollar. However, most courts now take a modern approach to contract law and accept the fact that consideration can be implied and an actual payment is not mandatory. Each release in this chapter establishes that the contract has met the consideration requirement by beginning with the statement, "For consideration which I acknowledge...." However, to fortify this position, you may wish to make a payment --even if nominal-- to the person signing the release and indicate the amount of the payment somewhere in the release.
For what it is worth, I use two documents: 1) Professional Services Agreement; and 2) Model Release. The Model Release is an attachment to the Professional Services Agreement.
In essence, I break down the process into two components. One, Professional Services Agreement outlines how much I will pay the model to provide modeling services. It also provide a basic description of my expectations of the model including time and other resources; and a description of my obligations, rights, and limitations during the shoot. Two, the Model Release provides a description of how the photographs may be used by both parties. I always provide the models with some photos that they can use for their own promotional purposes only. I have much more latitude.
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