This release and authorization is between
In consideration for the releases provided in this release, the Recorder shall pay
2. PARTICIPATION.
From time to time, the Releasor shall participate in certain photographs, video recordings, audio recordings, or other means of recording images or sound as arranged by the Recorder (the "Recordings"). The Recorder has permission to record his or her voice, sounds, conversation, image, and likeness in the Recordings.
3. GRANTS.
The Releasor hereby grants to the Recorder a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of his or her likeness or voice in the Recordings (alone or in connection with others and in and in connection with any media, now known or later created) throughout the universe in and in connection with or relation to the development, marketing, advertisement, licensing, sale, distribution, and promotion of any events, products, merchandise, services, or brands of the Recorder. The Recorder shall have all interest to any other interest the Releasor may possess in the Recordings including the Releasor's likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catch phrases, art, and physical attributes including, but not limited to, body art and tattoos (collectively, the "Likeness"). The Recordings are specially ordered and commissioned by the Recorder, and are works-made-for-hire from the moment of creation, and are and shall be the exclusive property of the Recorder. The Recorder shall be the exclusive owner of all the rights, results, and proceeds of the Recordings, in each case, of every kind or nature, whether now known or later devised. Without reservation or limitation, the Releasor hereby sells, assigns, transfers, and conveys the Recordings to the Recorder, exclusively, irrevocably, and perpetually, together with all interest in the Recordings throughout the world including the right to enforce its right in and to secure registrations, renewals, reissues, and extensions of those. The Recorder may transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the Likeness worldwide in all forms of media and forms of exploitation, now known or hereafter created including websites, film, television, radio, and print. The Releasor will have no right to approve any use of the Likeness in the Recordings or otherwise. No third party has or will have any right of approval over the use of the Likeness or will be due any amounts from the use of the Likeness.
4. RELEASE.
The Releasor hereby releases the Recorder from all claims and demands that the Releasor may have now or at any time arising from this release or the use of the Likeness or Recordings, including claims for personal injury, invasion of privacy, defamation, libel, right of publicity, infliction of emotional distress, or additional payment.
5. NO OBLIGATION TO USE.
The Recorder shall have no obligation to use the Recordings or the Likeness. The Recorder's sole obligation to the Releasor is to pay the Payment set forth above to the Releasor, which the Releasor confirms has been paid by the Recorder and received by the Releasor.
6. RELEASOR'S REPRESENTATIONS.
The Releasor hereby represents that:
- (a) he or she, at the execution of this release, is at least 18 years old and not a minor;
- (b) he or she has the full right and legal capacity to enter into this release and to grant the rights granted or agreed to be granted under the release;
- (c) there is no outstanding commitment or legal impediment that conflicts with this release or that might limit, restrict, or impair the rights granted to the Recorder under this release;
- (d) the identifying information of the Releasor set forth above is correct;
- (e) he or she has entered into this release voluntarily and without reliance on any promises, representations, or other statements not contained in this release; and
- (f) he or she has read and understands this release.
7. ASSIGNMENT.
This release is personal to the Releasor and may not be assigned by the Releasor. The Recorder shall have the right to assign, sublicense, sell, or pass-through any rights contained in this release to a third party without approval from the Releasor.
- (a) Choice of Law. The laws of the state of
govern this release (without giving effect to its conflicts of law principles).
- (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in
County, .
9. AMENDMENTS.
No amendment to this release will be effective unless it is in writing and signed by a party or its authorized representative.
10. COUNTERPARTS; ELECTRONIC SIGNATURES.
- (a) Counterparts. The parties may execute this release in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
- (b) Electronic Signatures. This release, agreements ancillary to this release, and related documents entered into in connection with this release are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.
11. SEVERABILITY.
If any one or more of the provisions contained in this release is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this release, but this release will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this release to be unreasonable.
12. NOTICES.
- (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this release shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this release: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
- (b) Addresses. A party shall address notices under this section to a party at the following addresses:
- If to the Releasor:
, , - If to the Recorder:
, , - (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
13. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
14. ENTIRE AGREEMENT.
This release constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this release. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this release are expressly merged into and superseded by this release. The provisions of this release may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this release by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this release. Except as set forth expressly in this release, there are no conditions precedent to this release's effectiveness.
15. HEADINGS.
The descriptive headings of the sections and subsections of this release are for convenience only, and do not affect this agreement's construction or interpretation.
[SIGNATURE PAGE FOLLOWS]
Each party is signing this agreement on the date stated opposite that party's signature.
| DDDDDDDDDDDDDDDDDDDDD | |
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| Date: ___________________________ | By: _________________________________________________________ |
| Name: | |
| Date: ___________________________ | By: _________________________________________________________ |
| Name: |
How-to guides, articles, and any other content appearing on this page are for informational purposes only, do not constitute legal advice, and are no substitute for the advice of an attorney.
Release and authorization to use voice and likeness: How-to guide
A release is a written agreement between the person (or talent) who is the subject of a picture or recording and the company that wants to use the image or sound for its own purposes. Creating a release protects the company from lawsuits alleging it didn’t have the right to use those representations. By signing the release form, the person grants the company the right to use their image or sound.
All companies planning to use a person’s image or sound need a release. A release provides legal protection and increases the salability of your final product.
Having a talent sign on the written contract minimizes the scope of confusion and errors. It sets forth expectations and fulfillment obligations, enabling successful and profitable business arrangements between the parties.
When is a release or a consent form needed?
A release is needed before publishing an image or broadcasting a recording. The kind of release form that must be signed depends on your project. There are different release forms based on the type of media and/or the age of the talent, etc. Here are some of the most commonly used release and consent forms:
1. Image release form
Image release forms, or model release forms, are used to obtain consent from your model before publishing their pictures for commercial use.
If your model is under 18 (minor), you must obtain permission from the model’s parent or guardian on the release form.
2. Voice recording release form
If you’re merely taping the sound of your talent on your mobile device and using it for non-commercial purposes, it doesn’t require a consent form.
Releases are obtained when the recordings are required for unrestricted use in trade or advertising. Many commercial buyers and broadcasters are cautious and prefer to purchase sounds accompanied by a release.
3. Video release form
A video release form, also known as a talent release form or a media release form, is a legal document that grants permission to a third party to use an individual's appearance for various purposes, such as media, online, physical products, or any other type of publication. In video release forms, the third party can use the individual's likeness in video footage and still image format.
You must get a talent/media release form signed by all actors and non-actors (real people) in your video. If you have under-18 individuals (minors) in your shoot, you can modify the paperwork and get the form signed by their parents or the legal guardian.
4. Location release form for private properties
Although releases are most often of personal characteristics (like voices or images), authorizing and releasing the use of private property like buildings, land, and pets has become increasingly common. This may seem extreme, but having such releases will increase an image’s financial gain, assuring potential buyers that they’ll be protected if they choose to publish.
Drafting a “release and authorization to record and use voice and likeness”
This step-by-step guide will help you understand the terms of your release.
Introduction
This section identifies the document as a release and authorization of use. Add the date on which the agreement will become effective, identify the parties, add the business name, and, if applicable, specify their organization type.
The party that’ll use the voice or likeness is called the “company,” and the party giving the release and authorization to use their image is called the “releasor.”
Payment
This section mentions the amount paid to the releasor in exchange for the company’s right to use their image or recordings.
Participation
This clause captures the releasor’s agreement to take part in recording or photography sessions with the company and to allow the company to make or take those recordings.
Grants
This section lists the rights being transferred with this document. It is meant to ensure that all rights are being provided and that future uses of those rights aren’t limited (e.g., an image can be used electronically and in print).
Release
This clause is the releasor’s promise not to object to any use of the recording that was made of their voice or image. This is the “release” of claims against the company.
No obligation to use
This section is a notation that although the company has the rights to use the image or recording, they have the option not to do so.
Releasor’s representations and warranties
This clause details the releasor’s promises under the release. Essentially, they agree to enter into the arrangement based on the conditions listed in this section, such as being capable of entering the agreement and satisfying the terms, and many more.
Assignment
This section explains that, under the release, the releasor isn’t entitled to assign its own interest to third parties. The company has the right to assign its obligations and interests without obtaining the releasor’s permission.
Governing law
This clause allows the parties to choose the state laws that’ll be used to interpret the document.
Modification
This section indicates that any changes to the document are only effective if they’re made in writing and signed by both parties.
Severability
This clause protects the terms of the agreement as a whole, even if one part is later invalidated. For example, if a state law is passed prohibiting only choice-of-law clauses, it won’t undo the entire agreement. Instead, only the section dealing with the choice of law would be invalidated, leaving the rest of the agreement enforceable.
Notice
In this section, add the mailing addresses of the company and the releasor to which all the official or legal correspondence should be delivered.
Waiver
This clause clarifies that failing to enforce one party's obligation doesn't waive the other party's right to enforce it in the future.
Entire agreement
Both parties agree that the document they're signing represents the complete agreement with all the necessary terms involved.
Counterparts; electronic signatures
This section specifies that even if the parties sign the agreement from different locations using electronic signatures, all parts will still be considered a single agreement. This provision ensures that business transactions can be carried out effectively without compromising the overall validity of the agreement.
Headings
This section clarifies that headings are for organizing the document and aren’t operational parts of the agreement.
Reviewing the release
Before signing any legal document, it is crucial for both parties to carefully review it to avoid any misunderstandings. Ensure that all relevant deal points are explicitly stated, and don't make any assumptions.
Notarizing the signatures
Sign two copies of the release—one for yourself and one for the other parties. Depending on the terms outlined in the release, consider having it witnessed or notarized, as this’ll help prevent any disputes or challenges to the validity of the signatures at a later time.
If your agreement is complicated, contact an attorney to help draft a release that meets your needs.
Frequently asked questions
What is a release and authorization to record and use voice?
When you take a picture or record someone's voice or image for your company's use, that person needs to consent to use their image or recording. A written consent minimizes any future confusion or misunderstandings. With a release and authorization document, you can gain that permission and stipulate how much compensation the owner will get.
How do I write a release and authorization to use voice and likeness?
To create an effective release and authorization to record and use voice and likeness document, you’ll need the following information:
- Details of the release: This includes permissions, what state's laws will govern this release, and compensation
- Information on the parties involved: Know who the release is prepared for and have their contact information ready
Model Release Form for Adults
Obtain consent from models to use their pictures with a model release form. Get the terms in writing and explain where and how you will use the pictures.
Model Release Form for Minors
Take the necessary permission from a minor model's parents or guardians to publish their pictures. Create a model release form for minors to secure the pictures with consent.
Permission to Reproduce Images
Get copyright holders' consent for using visuals in your projects with permission to reproduce images form. Outline clearly where and how these assets would be used.
Release and Authorization to Record and Use Voice and Likeness
Obtain consent for using someone's image or voice with a release and authorization form. Clearly outline the usage terms and compensation and protect the involved party's rights.
Talent Release Form for Adults
Obtain consent from people for using their voices, images, or performances with a talent release form. Provide assurance to the talent of the rightful usage of their assets.
Talent Release Form for Minors
Secure permission from parents or guardians to use the minor's voice, image, or performance in media productions with a talent release form. Define clearly the rights and obligations of the talent and creator.