Photo Release Agreement

Photo Release Agreement Template for New Zealand

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Key Requirements PROMPT example:

"I need a Photo Release Agreement for my fashion retail company that allows us to use model photographs across our marketing platforms, social media, and print advertisements for a two-year period starting January 2025, with rights to modify and retouch images."

Document background

The Photo Release Agreement is essential for businesses and individuals in New Zealand who need to obtain proper authorization for using photographs of people or property. This document is commonly used in situations ranging from professional photo shoots to corporate events, ensuring compliance with New Zealand's Privacy Act 2020 and Copyright Act 1994. It serves to protect both the rights of the photographer or organization using the images and the privacy rights of the subject, while clearly defining the scope of permitted usage. The agreement is particularly important in commercial contexts where images will be used for marketing, advertising, or public relations purposes, and includes specific provisions for digital and social media usage rights.

Suggested Sections

1. Parties: Identifies the photographer/company and the photo subject (model)

2. Background: Establishes the context of the photo shoot and purpose of the agreement

3. Definitions: Defines key terms including 'Photographs', 'Usage Rights', 'Territory', and 'Term'

4. Grant of Rights: The core section detailing the rights being granted by the subject to use their image

5. Usage Terms: Specifies how, where, and for how long the photographs may be used

6. Compensation: Details any payment or other consideration provided for the photo rights

7. Representations and Warranties: Subject's confirmation of their right to enter agreement and grant permissions

8. Privacy and Data Protection: Acknowledgment of privacy rights and data handling procedures

9. Term and Termination: Duration of the agreement and conditions for termination

10. General Provisions: Standard clauses including governing law, entire agreement, and amendments

Optional Sections

1. Commercial Use: Additional terms specifically for commercial usage of photographs

2. Minor Subject Provisions: Required when the photo subject is under 18, including parent/guardian consent

3. Social Media Rights: Specific provisions for social media usage and platforms

4. Retouching Rights: Terms regarding photo editing and manipulation permissions

5. Exclusivity Provisions: Terms for exclusive usage rights if applicable

6. Model Release for Group Photos: Additional terms when multiple subjects are in the photographs

7. Moral Rights Waiver: Specific waiver of moral rights under NZ copyright law if required

Suggested Schedules

1. Schedule 1 - Photograph Schedule: List and description of specific photographs covered by the agreement

2. Schedule 2 - Compensation Terms: Detailed breakdown of any payments, royalties, or other compensation

3. Schedule 3 - Permitted Usage: Specific list of approved uses, mediums, and territories

4. Appendix A - Sample Photographs: Reference copies of the photographs covered by the agreement

5. Appendix B - Specific Restrictions: List of any specific restrictions on usage or prohibited applications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Photography

Media and Entertainment

Advertising

Marketing

Public Relations

Education

Event Management

Fashion

Real Estate

Corporate Communications

Publishing

Social Media

Retail

Tourism

Relevant Teams

Legal

Marketing

Creative Services

Communications

Public Relations

Digital Content

Brand Management

Compliance

Events

Social Media

Relevant Roles

Photographer

Marketing Manager

Content Creator

Legal Counsel

Creative Director

Events Manager

Social Media Manager

Communications Manager

Brand Manager

Art Director

Public Relations Manager

Digital Marketing Specialist

Corporate Communications Manager

Website Content Manager

Compliance Officer

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