adding to standard release form

[hkrautter]

Hi, I have a standard release form for photos, and I would like to add some wording to cover accidents. I want to do some shooting outside and I would never ask a model to do anything I or the model thought was dangerous, but that doesn't mean someone won't trip over a rock and get injured. Can someone suggest some wording I could add to the photo release that might give some protection for accidents.
Thanks,

 

[PenguinPhotoCo]

Sure..

1-800-allstate!

It's best to have liability insurance, and critical if you are charging money for your work.
--
If I knew how to take a good picture I'd do it every time.

 

[hkrautter]

Actually right now I'm not charging money for my work, but I still want the photo release so I can post pictures on a website and use them in my portfolio. Since I will be paying models I thought it might be a good idea to have some sort of accident release statement. I know that won't stop anyone from suing you.

 

[PenguinPhotoCo]

From a few business insurance agents I spoke with the most common payout for photogs is from damage to venues (scratched doors, floors, etc).

So if you are 'in charge' of the shoot your liabilty may be more the model (or you) damaging the location you're at, or being accused of it.

I ask HS seniors to do some odd things and so far only parents have taken spills, but I always start with "If you feel comfortable can you ..."

I get the release signed when they come for the sales session - seems less imposing then and they've seen the images so I'm not concerned they'll be freaking out over releasing images they've never seen.
--
If I knew how to take a good picture I'd do it every time.

 

[EmjayPrice]

You really should talk to a lawyer on this.

--
...Mike

'Fortune favours the bold' - Virgil

'Only those who risk going too far can possibly find out how far one can go' - TS Elliot

http://cid-305a8dfcdc71a640.skydrive.live.com/self.aspx/Forums/ MG^ 0206.jpg;

 

[hkrautter]

I'm going to call my insurance company also, but I like to have some knowledge of what I'm asking. Anyone know if I hire a model does my homeowner's insurance cover accidents around the house if I'm not a professional photograper. I assume professional photographer means you're making money at it not just hiring a model. I don't have to worry about making money right now. No one would ever accuse me of that.
Thanks

 

[Paul Grupp]

Be really, really careful using homeowners insurance for this. If you've EVER charged somebody for a print, or to take a picture, and you have a big claim, be sure that thei insurance company will find out about it, call you a business, and deny your claim on that basis.

Pro liability insurance isn't that expensive, and covers a lot of things that your household policy doesn't even contemplate. Worth every penny.

Best,
Paul
http://upstatephotographers.com

 

[Richard Weisgrau]

You need to use an indemnification agreement. I have pasted in the language for same below. It is taken from my book, Licensing Photography.

INDEMNIFICATION AGREEMENT

(MODEL) hereby agrees to protect, defend, indemnify, and hold harmless (PHOTOGRAPHER) from and against any and all claims, losses, liabilities, settlements, expenses, and damages, including legal fees and costs (all referred to collectively as “Claims”), which (PHOTOGRAPHER) may suffer or to which (he/she/it) may be subjected for any reason, even if attributable to negligence on the part of (PHOTOGRAPHER) or any other entity, arising out of or related to any act, omission, or occurrence in connection with the creation, production, or use of any image or the performance of any service relating to this Agreement or its subject matter. This provision shall apply to Claims of every sort and nature, whether based on tort, strict liability, personal injury, property damage, contract, defamation, privacy rights, publicity rights, copyrights, or otherwise. (MODEL) assumes all risks, and (his/her/its) obligations under this provision shall survive the performance, termination, or cancellation of this Agreement.
DATE NAME
WITNESS ADDRESS

--
Richard Weisgrau
http://www.weisgrau.com
Author of
The Real Business of Photography
The Photographer's Guide to Negotiating
Selling Your Photography
Licensing Photography

 

[Rdefen]

If you are talking about activity in the US, whether and the extent to which any waiver of liability will be enforced depends on the relevant state law, the specific language in the waiver and the circumstances surrounding the waiver. If you want to know whether what you write will work if challenged, you need to talk to a lawyer familiar with the laws in your state, preferably a personal injury lawyer.

Get third party liability insurance.

 

[Rdefen]

I should have said appropriate liability insurance. Talk to your insurance agent.

 

[hkrautter]

Thanks for the advice. I will give my insurance agent, Amica, a call and see what they say.