Releases are useful in several areas of business. When your business creates an advertisement, the actors, singers, or authors involved in creating it should sign a release. When your business provides a service whereby your clients or customers might be putting themselves at risk (such as skydiving), they should sign releases. Even when you terminate a contract for your business, a release between the parties is normally involved. In the advertising context, for example, a typical release might document an actor’s permission for your business to use their likeness in a television commercial. If you have ever been skydiving, you probably released the skydiving company from liability by signing a written acknowledgement of the inherent risk of jumping out of an airplane flying 12,000 feet in the air. When business relationships end, the parties often sign releases memorializing the end of the relationship. Generally speaking, a release serves much the same function as any other contract—which is to document the understanding reached between the parties.
But how do you know when you should have someone sign a release and what kind or release they should sign? Here are four situations where a release form may be necessary:
- The release of liability form. Generally, a release form allows the customer to express their consent to release the business from liability in case of an injury, or to release a property owner from liability when your business hosts an event or performs work on the owner’s property.
- Terminating a contract. When both parties agree that their contract is no longer valid, they can both sign a release that terminates their agreement and documents the fact that both parties agree to ending their duties and obligations under the contract.
- Publishing an interview. If you plan on recording an interview with someone, and if you intend to publish the recording (or any parts or excerpts) of the interview, you should get a signed release from that person before the interview begins.
- Use of likeness. Consider obtaining a written release from every person who will appear and be identifiable in photographs or video recordings that you intend to use for commercial purposes.
When do you need to have someone sign a release?
When using a person’s name or image, the question of when you should get a and when you might be able to get away without one can be complicated. According to Stanford University Libraries’ series on Copyright and Fair Use, if you have any doubt, you should obtain a signed release before creating any content or marketing materials that could potentially violate someone’s privacy. A written release documenting the permissions and consents given by the subjects of your marketing materials could save you from legal problems in the future—as long as you only ever use the images or content for the purposes stated in the release.
What is the legal age when a person can sign a release?
In Ohio, the age of legal consent is 18, so anyone aged 18 or over is usually bound to a contract, including any releases, that they sign. While this can vary state-by-state, in general, at 18-years-old, a person can sign a release on their own, and anyone younger than 18 needs the consent and signature of a parent or legal guardian.
The individual signing the release must read and understand the release and knowingly sign it. To be of any use to your business, the release must be accurately filled out and signed before any alleged injury occurs.
What a liability release form does not do
A liability release form does not protect your business from being sued. For example, if you are hosting an event that features a zip line and a client suffers an injury while riding the zip line, he or she can still file a lawsuit against you. The liability form simply shifts the burden of proof to the injured party. Depending on the circumstances of the accident and how the release was drafted, the release may be sufficient to get the case dismissed, but it does not restrict their right to sue you.
Pitfalls of using “standard” releases
In the same way that you would never just sign a contract that someone hands you with the assurance that it’s just a, “standard” release, you would not want to simply download a random, “standard” liability release form from the Internet hoping that it includes everything you need. The language in a signed release is legally binding, so unless and until you are clear on every word in it, you should not use it or expect another person to sign it without having their attorney review it first.
Hiring an attorney to draft a customized liability release for your business that comports with Ohio law and that will be enforceable in court might seem like a costly endeavor. But just imagine how much more you will be paying a lawyer when a client gets injured at your event sues your business for negligence.
Max Julian is a partner at Gertsburg Licata in the litigation practice group. He may be reached at (216) 573-6000 or at [email protected].
Gertsburg Licata is a full-service, strategic growth advisory firm focusing on business transactions and litigation, M&A and executive talent solutions for start-up and middle-market enterprises. It is also the home of CoverMySix®, a unique, anti-litigation audit developed specifically for growing and middle-market companies.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.
