GENERAL RELEASE OF LIABILITY
The ________(library)______ has permission to use photographs taken at ____(location)____ on ____(date)_____ for promotional purposes, including but not limited to the library’s newsletter, fliers and Web site. No compensation is given for the use of the photo(s) and I hereby agree to waive inspection and approval of said photo(s).
I hereby agree to release, defend, and hold harmless the ____name of library____ and its agents or employees, including any firm publishing and/or distributing the finished product, in whole or in part, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or in the taking, reduction or production of the finished product, its publication or distribution.
I affirm that I am over the age of 18 and understand the document I am signing.
___________________________________ ___________________________
Name Date
___________________________________ (relationship to subject)
Thursday, July 30, 2009
Consent Form for Using Photos Taken at Your Library
This example provides a good starting point. However, as with anything else, it is always a good idea to run a form past your institutional attorney in order to assure that it addresses the laws of your state.
Although language may vary from state to state, all consent forms have a few necessary elements:
1. Who has permission to use the pictures? Generally, this is the library.
2. For which pictures has consent been given? The easiest way to do this is to have a blank line on the form where the date and location will be filled in.
3. For what purpose will the pictures be used? Will they be used for advertising purposes, in library newsletters, or on the web site? Keep the range broad since you may wish to use a photo for different purposes.
4. Waiver of notification or inspection before publication. Include a clause in the consent form specifying that you don’t have to get any further permission or provide any notification before using the pictures. You should also have language stating that the subject does not have the right to inspect or approve pictures before they can be used.
5. Release of rights. This part is tricky because the necessary legal language varies among states, but there should be a clause in the consent form specifying that the subject will not sue you for utilizing the picture, such as “I hereby agree to release, defend, and hold harmless the (fill in name of organization) and its agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion, or in the taking, processing, reduction or production of the finished product, its publication or distribution.”
6. An affirmation that the subject (or parent or guardian) is over the age of 18 and understands what he or she is signing.
7. A signature and date of signing. The easiest way to handle the affirmation and signature is to have one line for subjects over 18 to sign and a separate line for parents or guardians. You should also include a place to enter the date when the form was signed.
Although language may vary from state to state, all consent forms have a few necessary elements:
1. Who has permission to use the pictures? Generally, this is the library.
2. For which pictures has consent been given? The easiest way to do this is to have a blank line on the form where the date and location will be filled in.
3. For what purpose will the pictures be used? Will they be used for advertising purposes, in library newsletters, or on the web site? Keep the range broad since you may wish to use a photo for different purposes.
4. Waiver of notification or inspection before publication. Include a clause in the consent form specifying that you don’t have to get any further permission or provide any notification before using the pictures. You should also have language stating that the subject does not have the right to inspect or approve pictures before they can be used.
5. Release of rights. This part is tricky because the necessary legal language varies among states, but there should be a clause in the consent form specifying that the subject will not sue you for utilizing the picture, such as “I hereby agree to release, defend, and hold harmless the (fill in name of organization) and its agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion, or in the taking, processing, reduction or production of the finished product, its publication or distribution.”
6. An affirmation that the subject (or parent or guardian) is over the age of 18 and understands what he or she is signing.
7. A signature and date of signing. The easiest way to handle the affirmation and signature is to have one line for subjects over 18 to sign and a separate line for parents or guardians. You should also include a place to enter the date when the form was signed.
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