Picture this: An important photoshoot on location, with multiple models, all your equipment, and nearly perfect weather.
Everything is going well until an unexpected gust of wind knocks over a light and a model missteps. Now they have a sprained ankle and one of your key lights is in pieces.
If you forgot about photography liability insurance, waivers, and release forms you may be responsible for the model’s medical care and the cost of replacing your light.
And if your shots include recognizable private property, without a release form from the property owner they could come after you for invasion of privacy or unauthorized commercial use.
Avoid the risk of financial burdens like these on your small business with liability insurance and the proper photo release forms.
What Is a Photo Release Form?
Photo release forms are designed to grant photographers permission to publish their images and/or use them for commercial purposes when the images contain people, pets, and certain types of property.
There are three general types of releases:
- Model release forms – for adult subjects
- Minor/child release forms – if any subject is a minor a guardian must sign for them
- Property release forms – for images containing recognizable private property, and some businesses, vehicles, or pets
If you have multiple models or a mix of subjects, it’s possible to combine the releases into one form that everyone must sign. Or you may have multiple copies designated for each person and/or necessary property owner.
What Is a Photo Liability Waiver?
A liability waiver, or a liability release, is a legal document whose purpose is to make participants/models aware of and acknowledge certain risks, and agree to not hold you liable if something goes wrong.
The signees’ acknowledgement signals that they are choosing to participate knowing there’s a chance they could get hurt — and that they agree not to sue if they do.
Do I Need Photo Release Forms and Liability Waivers?
In short, yes. The best way to protect yourself and your business is by taking proactive safety measures.
Photo release forms are important to ensure you have the authority to use the images you capture for commercial purposes. This helps reduce the risk of subjects or property owners suing you for copyright infringement, invasion of privacy, or unauthorized use.
Liability waivers are similarly designed to reduce the risk of lawsuits against you related to physical injuries or other harm done to third parties.
It may seem like an intense undertaking, but both of these legal forms require some of the same information and language, so it may be possible to combine them into one document for your subjects to sign.
What Do Photo Release Forms Include?
Depending on the specifics of a job or location, the details in a form may change. The general basics included in all release forms and waivers include:
- Names of all parties and who is giving or receiving permission to use the images
- Short descriptions of the images, the photographer, the location, and the date
- Details about specific publishing platforms and the scope of use
- Space for signatures, printed names, minor guardian signatures if needed, and dates
Download our free photo release form checklist to help with your own release and waiver documents. And don’t forget to have your final forms reviewed by a local legal professional.
Role of Liability Insurance vs Model Releases and Waivers
Model liability waivers and release forms are designed to act in tandem with your insurance — not as replacements.
Liability insurance is designed to cover claims from third-party bodily injuries, property damage, and non-physical claims like false advertising, libel, copyright infringement, or slander. And should a client’s claim land you in court, photographer liability insurance is there to help defend you and protect you from costly payouts.
While liability waivers can help mitigate potential legal risks, they do not guarantee legal protection. The enforceability of waivers depends primarily on local laws and the language used in the form itself, and may come down to interpretation of a judge, jury, or mediator.
Photo release forms are intended to grant you the permission to publish your images for commercial use. They’re designed to help mitigate potential risks associated with copyright infringement or other unauthorized use claims.
Why Full Frame for Your Photographer Liability Insurance?
Photography insurance helps protect photographers and videographers just like you in the event you end up facing claims like these. Get coverage online in a snap with instant proof of insurance, for as little as $12/month from Full Frame Insurance (FFI).
Frequently Asked Questions About Photoshoot Liability
Do Photographers Need Professional Liability for Photoshoots?
Yes! Professional liability coverage is a must for photographers during photoshoots in case of tech or equipment failures, mistakes you make, or negligence claims. It also helps you maintain your professionalism as a photographer, even in an unfortunate situation.
Why Do Models Need to Sign Photoshoot Release Forms?
Models sign photoshoot release forms to protect both you and them. Release forms outline the rights and responsibilities of models and photographers, which helps mitigate disputes later on. They can also establish who holds the image copyrights and what purposes the photographer may use the images for.
Do I Need Photography Insurance If I Use Liability Waivers?
Yes. Waivers are designed to be an additional layer of protection for your business and do not guarantee any legal protection or provide any assistance if and when a liability claim is made.
