Release & Indemnification Agreements

Photographers typically have subjects sign release agreements to permit the use of images in the media.

Indemnification and release agreements are designed to minimize financial liability and risk in case of potential lawsuits or disputes. Photographers and filmmakers typically ask their subjects or models to sign releases allowing the use of their images in the media. Businesses also make use of indemnification agreements in handling employment liability situations.

Personal Release

Personal releases are agreements that can be in the form of "blanket releases" or "limited releases." A blanket release permits unlimited rights to use the item being released for any use. It is common for a photographer to ask his subject or model to sign a release allowing the photographic image to be released to the photographer for his unlimited rights to use it. Celebrities and professional models usually sign limited releases to specifically control the ways a photographer uses their image.

Personal Indemnification

A personal indemnification agreement is a written contract between a company and an individual director, officer, or other person (the "indemnitee"), obligating the company to protect the indemnitee against legal actions brought against him. Such an agreement protects him against damages and expenses caused by another party's failure to perform as long as the indemnitee acted in good faith and in the best interests of his company.

Corporate Release

A corporate release is an agreement to abandon claims or rights, used in settling a lawsuit. For example, in exchange for a payment settlement, one party agrees to permanently dismiss a lawsuit with no future actions based on the claim. Corporate releases are also useful in employment situations to manage exposure to claims arising from employment terminations and other situations.

Corporate Indemnification

An indemnification agreement in business protects one party against damages and expenses caused by the other party's failure to perform. An indemnification agreement may provide for the payment of expenses, as well as judgments, settlements, attorney fees, costs, penalties, and other amounts incurred in connection with potential lawsuits. Corporations may purchase Directors and Officers (D&O) insurance to supplement costs incurred.

References

• Stanford University: Personal Release Agreements
• AterWynne LLP: Indemnification and Releases
• Entrepreneur

Resources

• It's All Your Fault!
• Business Contracts Kit for Dummies