West Virginia Waiver, Release and Authorization to Use Names of Parent and Child in Book to be Published

State:
Multi-State
Control #:
US-01387BG
Format:
Word; 
Rich Text
Instant download

Description

A release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. A release acts as some assurance to the person requesting the release that he/she will not be subjected to litigation resulting from the person giving the release. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.


Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature.

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FAQ

Basically, with a few exceptions, it is actually perfectly legal for strangers to photograph or videotape your child, and they are free to post or publish the images as well. Contrary to what many parents believe, they do not need to give their consent or sign a release.

A Model Release Form is like a contract. It specifies all the ways the resulting images can or cannot be used. If you are the photographer, you will want to use the broadest language possible about where and in which media formats the image can be used, so you will have great latitude in selling the photo.

A Minor (Child) Photo Release Form is a written authorization that grants permission to take photos of a child and use for private or public purpose. The parent or legal guardian of the child will be required to authorize as well as the releasee.

A property release is a legal agreement between you and the property owner ? or a corporate representative if the property is owned by a company. By signing a property release, that person gives you permission to use the image for commercial purposes.

A minor model release is much like any standard model release form, in that it is a legally binding contract between the photographer and the client. In this case, it is a parent or guardian of a model who is under the age of 18.

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West Virginia Waiver, Release and Authorization to Use Names of Parent and Child in Book to be Published