Comments on: Is a Verbal Agreement Sufficient for a Model Release? http://rising.blackstar.com/is-a-verbal-agreement-sufficient-for-a-model-release.html Professional Photography Blog Fri, 10 Feb 2012 23:56:37 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Scott Baradellhttp://rising.blackstar.com/is-a-verbal-agreement-sufficient-for-a-model-release.html/comment-page-1#comment-5437 Scott Baradell Sun, 19 Jul 2009 18:59:54 +0000 http://rising.blackstar.com/?p=5153#comment-5437 Butch,Here's Carolyn's response to your question:"Unfortunately, it's difficult to give a quick and easy answer to your situation because each circumstance is different and factors that you may not consider may be important to the analysis.  In short,  parties to a contract generally may not void a contract after it is consummated. Further, when a party performs in reliance of a contract, then the party is entitled to the benefit of the deal."Which seems to bring us back to whether the verbal agreement can be validated to begin with. Butch,

Here's Carolyn's response to your question:

"Unfortunately, it's difficult to give a quick and easy answer to your situation because each circumstance is different and factors that you may not consider may be important to the analysis.  In short,  parties to a contract generally may not void a contract after it is consummated. Further, when a party performs in reliance of a contract, then the party is entitled to the benefit of the deal."

Which seems to bring us back to whether the verbal agreement can be validated to begin with.

]]> By: butch leitzhttp://rising.blackstar.com/is-a-verbal-agreement-sufficient-for-a-model-release.html/comment-page-1#comment-5419 butch leitz Fri, 17 Jul 2009 17:20:04 +0000 http://rising.blackstar.com/?p=5153#comment-5419 Most savvy lawyers (including a couple I've had as clients) and models "know" that the model release should be for specific photos from a specific shoot on a specific date. The release shouldn't be a blanket "do what you want with any of them" thing, but many are assumed to be that way. With so many mis-understandings about releases, it's easy to see why people just use a verbal agreement: it's easy. (but dangerous, and editors want signed releases anyway).My question would be: after a "verbal agreement" and photo swap and months or years gone by with photos from this shoot out in "the world", would retracting verbal permission be valid since the photos would now be in the public? Most savvy lawyers (including a couple I've had as clients) and models "know" that the model release should be for specific photos from a specific shoot on a specific date. The release shouldn't be a blanket "do what you want with any of them" thing, but many are assumed to be that way. With so many mis-understandings about releases, it's easy to see why people just use a verbal agreement: it's easy. (but dangerous, and editors want signed releases anyway).

My question would be: after a "verbal agreement" and photo swap and months or years gone by with photos from this shoot out in "the world", would retracting verbal permission be valid since the photos would now be in the public?

]]> By: Tony Bleihttp://rising.blackstar.com/is-a-verbal-agreement-sufficient-for-a-model-release.html/comment-page-1#comment-5388 Tony Blei Tue, 14 Jul 2009 17:06:36 +0000 http://rising.blackstar.com/?p=5153#comment-5388 The company I use for commercial liability insurance requires having a history of having photographic subjects sign a release. So I have a policy: Everyone gets to sign a release. Problem solved. The company I use for commercial liability insurance requires having a history of having photographic subjects sign a release. So I have a policy: Everyone gets to sign a release. Problem solved.

]]> By: Will Sebergerhttp://rising.blackstar.com/is-a-verbal-agreement-sufficient-for-a-model-release.html/comment-page-1#comment-5380 Will Seberger Mon, 13 Jul 2009 18:51:35 +0000 http://rising.blackstar.com/?p=5153#comment-5380 Verbal agreements are completely useless in nearly every purpose I can think of.If it's important enough to wonder if verbal agreement is enough, it's important enough to get in writing. Verbal agreements are completely useless in nearly every purpose I can think of.

If it's important enough to wonder if verbal agreement is enough, it's important enough to get in writing.

]]> By: ian campbellhttp://rising.blackstar.com/is-a-verbal-agreement-sufficient-for-a-model-release.html/comment-page-1#comment-5379 ian campbell Mon, 13 Jul 2009 18:13:10 +0000 http://rising.blackstar.com/?p=5153#comment-5379 As Sam Goldwyn reportedly once said, a verbal contract isn't worth the paper it's printed on. Case proven, I'd say. As Sam Goldwyn reportedly once said, a verbal contract isn't worth the paper it's printed on. Case proven, I'd say.

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