How should a model release be handled when photographing minors?
Asked 7/4/2016
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I’m planning a photo shoot with two models who are under 18. There will be no nudity, and their parents will be involved throughout. I’m not looking for jurisdiction-specific legal advice, but for common-sense best practices: who should sign the model release, should the minors sign as well, and what identifying information should be collected for the minors and their parents/guardians?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
10y ago
2 Answers
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Standard disclaimer: I am not a lawyer. I am not giving any legal advice, other than to consult a lawyer in your jurisdiction.
In most states in the US, minors do not have the capacity to contract. Contracts entered to with a minor are voidable at the discretion of the minor. If you wish the terms of the contract to be enforceable on all sides (i.e., to provide you any protections, or give you the ability to enforce the contract), the contract would need to be signed by a guarantor for the minor (usually, the minor's parent).
If you enter into contract with a minor in the US, you have basically no contractual protections or rights to enforce the contract terms. The minor, on the other hand, can force you to follow the contract terms, or choose to void the contract, entirely of their own choice. It is analogous to entering into a contract with a mentally incapable person; they are not expected to understand the ramifications and responsibility of the contract, and quite possibly you could be at risk for exploiting their incapacity to contract, exposing yourself to all sorts of potential tort action. Furthermore, if the parents weren't involved with the original contract, and decided that they didn't like your terms, or that you potentially exploited their child's interests, they could probably come after you.
As always, it's wise to consult an attorney in your jurisdiction rather than rely on legal advice from strangers on the internet.
Originally by user11924. Source · Licensed CC BY-SA 4.0
user11924
10y ago
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For minors, the key practical point is that a parent or legal guardian should sign the model release, because minors generally may not have full legal capacity to enter an enforceable contract on their own. A minor’s signature may be included, but it should not be the only signature you rely on.
A sensible approach is to:
- identify each minor clearly on the release,
- collect identifying details for the parent/guardian as well,
- have the parent or legal guardian sign the release,
- keep records that connect the signed release to the specific child photographed.
If both parents are involved, having both sign can add clarity, though the essential point is that a legal guardian signs. Since rules vary by country and sometimes by region, the safest course is to use a release reviewed for your jurisdiction if the images will be published or used commercially.
In short: don’t rely on the minor alone to sign; get the parent/guardian’s signature and clear identifying information for everyone involved.
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