Model release form: How-to guide

A model release lets one party, typically a photographer or filmmaker, use pictures that they take of another party. A well-drafted model release form will clarify each party’s right and list all permitted (and prohibited) uses of the pictures.

What is the purpose of a model release form?

A model release form lets a photographer take and use images of someone for business purposes. These business purposes may include:

• Using photos in consumer publications like magazines, newspapers, etc.
• Exhibiting the photos in a film or use in an advertisement.

What are the elements of a photography model release form?

At a minimum, a photography model release form should include the following details:

• A description of the photograph
• Limitations on how the picture can be used
• Payments for the use
• The model’s release of claims against the photographer for the commercial usage of the photos.

Before creating a model release form, parties involved should agree to the terms and conditions for using the photos.

Why should photographers use photography model release forms?

Photographers will want a model release form that:

• Ensures that they will continue to own the photographs.
• Gives extensive rights to use the photographs for commercial purposes.
• Provides transparency on payment.
• Releases the photographer or filmmaker from all claims based on their use of the images and recordings for commercial purposes.
• Protects the filmmaker and photographer from third-party claims about the recordings and images.

What are the rights of a model in photo release forms?

If you are the model or the owner of the photographed property, here are some important points to consider before signing a model release agreement:

• Are you happy with how the photograph and your name can be used? Whether they want to grant permission to use their images for commercial purposes like marketing materials, publish them in a local newspaper, use them in a public place, etc.
• Will you need to defend the photographer if they get sued for using the photo?

If you have specific liability concerns based on either the use of the photograph (e.g., what if it is used in a public service announcement about a sexually transmitted disease?) or the appearance of the photograph (e.g., will it be changed to make the model look sick or heavier), make sure to address these concerns in the release.

Tip: Give ample time for the parties to review the model release form

Both the model and the photographer should be given enough time to go through the contents of the model release form. This will prevent them from raising any disagreements regarding the terms and conditions of the model release form.

Use a model release form template to make the form creation process easier

In case you have doubts while creating model release forms, model release form templates can be a good starting point.

LegalZoom offers a model release form template that is easy to understand and use. Answer a few guided questions to create your document, and download the document created for free. If you want to revise or restructure certain provisions in the template, buy our template for a nominal price and customize it to your needs.

Is a witness required to sign a model release agreement?

To steer away from disputes, you may want to have a witness who also signs the model release form. The witness should be someone who is not related to either party. A witness can help limit claims that the release is not authentic or the signatures were not those of the parties.

Both the model and photographer need to sign two copies of the model release form. One copy is kept by the photographer, and the second copy is given to the model.

Tip: Take the help of an attorney in case of doubts

If your model release is complicated, it’s ideal to contact an attorney. They can help you draft a document that will meet your specific needs.

Key components of a model release form for adults

The following instructions will help you understand the terms of your model release form.

Introduction

Start the model release form by providing details of the involved parties. Give the name and contact information of the photographer and the model involved with the release form.

In the contract, the party taking the pictures is called the “photographer,” and the person who is the subject of the photographs is called the “model.”

Do mention the date on which the model release form is signed.

Permission to take and use photographs

This section allows the photographer to take the photographs and describes how the images can be used. Also, mention how the model will be paid for their images and the agreed-upon amount.

In case the model is compensated in some other form, for example, the model is given digital copies of their pictures, or the photographer gives consent to the model to publish photos commercially, etc.

Describe the photos

In this section, you need to provide a description of the photos taken. If possible, attach proofs or a polaroid of the model’s image.

Usage right of the model’s name and image

In this part, you should mention whether the model’s name will be used and the limitations you want to place on how the model’s name may be used in connection with the image. For example, the photographer has the right to use the model’s name only for identification and not for endorsements.

You need to outline clearly where the images will be used. This provision lets the photographer publish photos for any legal purpose or in any kind of media. If you want to restrict the photographer’s rights, then list the specific purposes for which the images would be used and in what media types.

Rights and obligations

This section explains that the photographer owns the photograph and that the model cannot inspect or approve it before it is used. The model agrees here that he or she will not receive any other payment for the photograph: whatever they receive under the release is the only payment that will be made.

Release

This section protects the photographer from liability for the use of the photograph. In other words, the model agrees not to sue the photographer if and when the photograph is used.

Also, this clause requires the model to protect the photographer from any third-party lawsuits brought against the photograph's use.

Representations and warranties

Includes the model’s promise that they have the ability and authority to sign the model release and understand what is being signed.

Frequently asked questions

What's a model release form for adults?

Whether you're shooting haute couture, your neighbor's line of novelty tees, or just building your portfolio, you need your models' permission to publish their pictures as a photographer. A model release gets this in writing and articulates how to use your images.

What key details do you need to complete your model release forms?

To complete your model release forms, you need to know the following:

• Who the photographer is: Name and contact information of the photographer.
• Who the model is: Details of the model, their name, phone number, and email.
• Type of the photo shoot: Explain the photo shoot in detail like whether it is street photography, fashion photography, product shoot, etc.