Release Forms

[HVXOU]

I know this has been touched on quite a bit before, but I am in need to release forms. I am looking for a place I can get them and edit them. I need it to release a minor and a location.

We had a stroke of luck with our production, and we are moving in for it on Saturday, and I just want to be covered both for DVXuser and for my own benefit. Thanks for any help anyone can give!

[Bernie Hipos]

Here's the release form that i use. It was patterned from Apple Inc's release form when they were doing a film contest for education. I just modified it quite a bit. I was looking for the link at Apple's website but can't seem to find it anymore. Hope this helps. Cheers!

http://www.dvxuser6.com/uploaded/29727/1221900161.jpg

[Mark Johnson]

Bernie,

If I may, I'd like to offer a couple comments and suggestions on your release form. Back in the days when I practiced we occasionally litigated releases in a number of contexts.

First of all, be aware that if there is any dispute, the courts will construe any ambiguities in favor of the actor because you prepared the instrument (this is referred to as an “adhesion contract” because most people given a prepared document will simply sign them – often without carefully reading them. The courts therefore bend over backwards to protect those who sign pre-prepared agreements. Therefore, it is important to avoid 1) ambiguity, 2) complexity, and 3) overreaching.

I would recommend against reciting that the actor is providing services “free of charge.” This is a potential contradiction with language later in your release where you have the actor “acknowledge that the publicity I receive … is full and adequate consideration for my services.” To be enforceable, a contract requires “consideration” (something of value) to be exchanged between the parties. A contract will be deemed void without it (thus, you’ll often see boilerplate language in contract forms such as “I hereby give one dollar and other valuable consideration.”)

First year law students learn that a contract that says, “I will give you $100 tomorrow” isn’t enforceable unless there is some arguable exchange of consideration. Similarly, a contract that says “I agree to work for free” is also not enforceable. A recital that somebody is working “for free” is a red flag and should be avoided.

Additionally, no doubt on occasion you will be working with actors who are being paid something minimal or may be working with deferred compensation (SAG allows you to work with their actors for “free” as long as the contract shows that they will get paid in the event lightning strikes and your film somehow actually makes money.) In those cases your release would contradict your true employment relationship and very well could be voided. People get lazy and use the same forms over and over. Thus, it is important to try to have a release form that will be valid in as many circumstances possible. In your case, removing the language “I’m working for free” would make the release valid and effective even for paid actors.

It’s a common understanding among lawyers that a lot of contracts are filled with gobbledygook and verbiage in order to make clients feel that work was done. As a result, an awful lot of standard forms and agreements are bloated and infected with verbosity. I've drafted contracts and had clients say, "I want this to look important. Can you throw in some more 'whereforases' and 'hereinafters.'" In truth, forms that are long, complicated or filled with “legalese” are frowned upon greatly by the courts. I would highly recommend that you (and anybody else) use a much more simple release. Not only will it be equally effective, it will be understandable and much more likely to be read by your actors. You should include some blanks that have to be filled out with respect to a few things (production name and dates) because it will be evidence that the release was truly prepared for this particular production.

Here’s a suggested release:

GENERAL RELEASE

I, ______________________________________, the undersigned, for good and valuable consideration, hereby release, discharge and give consent to 4Real Media Productions, its partners, agents and assigns, to use my name, likeness and any film, digital or photographic footage in connection with the project ______________________shot on the dates______ , 200 __ at ________________________________. I expressly understand that 4Real Media is the sole owner of all creative rights for the project and that I am releasing any and all claims that exist now or which may arise in the future with respect to this project.

(Signature)

(Date)

(Witness)


There's no need to recite that the party is of age or can read English. Similarly, reciting that the signer is "over the legal age of majority" is pointless. Minors can't enter into enforceable contracts and it doesn't matter if the document they sign represents that they are of age.

Finally, I'd recommend against reciting that the release is governed by your state law. If this was a contract where it's interpretation was important it might make sense to include a conflict of laws or jurisdictional clause. In the case of a release form, reciting that it is not subject to the principles of conflict of laws is neither useful and actually merely emphasizes the nature of this form as being an "adhesion contract."

[Tim Joy]

Weird... I was just wondering about this today, and here it is on my favorite site. :)

Question-

Do you think it's really necessary to get these release forms for these "little short films"?

I suppose it's not a difficult thing to do, and if the film was ever good enough to submit to a festival or distribution that required it, then it would be done- but, realistically speaking, is it necessary?

[Bernie Hipos]

Wow! Thanks for putting all these together Mark. To be honest, I learned something from you. You're really a true filmmaker and you know what you're talking about. I'll revise my release form and as you said the simpler the better. Thanks again Mark! Cheers!

[Jonathan_P]

GENERAL RELEASE

I, ______________________________________, the undersigned, for good and valuable consideration, hereby release, discharge and give consent to 4Real Media Productions, its partners, agents and assigns, to use my name, likeness and any film, digital or photographic footage in connection with the project ______________________shot on the dates______ , 200 __ at ________________________________.

One question about this - is is necessary to identify a specific project? What if you don't have a name for the project, or it might be used for more than one purpose, like for stock footage in addition to a specific project?

Thanks for this sample - I've been using on-camera verbal releases for quick shots where it's hard to get someone to take the time to read and sign a release, but something like this could work.

[Jeff Anderson]

Thanks for the short and simple example there Mark - I'm gonna have to start using this... I like the fact that people might actually read it :)

[Mark Johnson]

One question about this - is is necessary to identify a specific project? What if you don't have a name for the project, or it might be used for more than one purpose, like for stock footage in addition to a specific project?

Thanks for this sample - I've been using on-camera verbal releases for quick shots where it's hard to get someone to take the time to read and sign a release, but something like this could work.

It certainly is not necessary to name the project. The only reason I put that blank in there was that it does easily tie the release to a specific project and you do need to make sure that it is clear WHAT the release pertains to. If you don't have a project name you can simply state the date of filming and that will be sufficient.

What you don't want to do is have a simple release form without some way to clearly tie it to the activity at issue. Getting a signed release from actor "X" cannot be used as a blanket release for every project you use him in. Without a way to specifically tie the release to a particular shoot you risk voiding the release. Thus, you need to make sure the release refers to a specific date of filming, a location or a project name to be able to have it be unambiguous as to what the release refers to.

[Mark Johnson]

And, by the way, Jeff Anderson is the sh*t and we at Fat Monster hope he comes back to California soon.

By the way, Jeff. O2 is going to be playing at the TallGrass Film Festival in Wichita the end of October, Jeff. We are all planning to come out and stay with one of my buddies who has a big mansion and a bloated liquor cabinet. How about coming up and making a weekend with us?

[Jeff Anderson]

I'm in like Flynn... whoever the poo poo that is. I'm not the shi* - mansions with bloated liqour cabinets are the shi*. The only catch is I've got to be back Sunday afternoon for some pumpkin carving or something so my wife doesnt hurt me. Its like a 4 hour drive though so I can still make a pretty good weekend out of it. I'll drop you a line (complete with link to super new topsecret website rough draft) soon.

eta - and yes californ-aye-ay soon. finally watched living in oblivion last night while I did some work... wow. almost too realistic... damn good though...