Location Release Form: Key Elements, Legal Necessity, Lawyer Help
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A location release form is a legal document in which a property owner gives permission to filmmakers or photographers to use their property. It ensures that all parties follow specific requirements and avoid entering into disputes.
Location releases are commonly used in the entertainment industry. If you need to draft a location release form, you should hire a lawyer from ContractsCounsel, an online legal network connecting clients with vetted lawyers. They’ll include key elements in the document to ensure it’s legal, clear, and fair to both parties.
In the rest of this article, we feature important information about location release forms, such as what’s typically included in the document, why and when you need one, and how a lawyer can help you draft one.
What’s Included in a Location Release Form?
Some of the most important elements that should feature in a location release form include the following:
- Property owner and production team details. If the person signing the property release form isn’t the property owner, the form should state their authority.
- Property description. This should be detailed, such as by including the street address, what areas of the property are included, and so on. Make sure you check that all the details are correct beforehand.
- Scope of the work and allowed activities on the premises, such as taking photos or filming footage. This section of the document ensures that all activities which will be performed on the property are clearly defined and agreed on by both parties.
- Duration of the permission. This includes the specific date and time when the property will be used for content.
- Compensation terms. It should be clearly defined when and how payment will be made so there are no disagreements or confusion.
- Liability clauses. This specifies who is responsible for anything that could go wrong.
- Property modifications. If you need to make any changes to the property, you should include these details in the form so that you’re guaranteed of having permission to make them.
- Cleanup. There should be a section about cleaning the property after the session to ensure that it’s back to its usual state and everything is in order.
- Remedies. If the agreement is breached, this section of the form includes details about what will happen. For example, if the producer breaches the contract, the form might state that the owner isn’t allowed to prevent the content from being published or produced.
When Do You Need a Location Release Form?
If you’re filming or taking photographs on someone’s private property, you generally don’t need to have a location release form, but the catch is that you’ll only be allowed to use the content for personal use. If you’re using it for public or commercial use, you’ll need permission from the property owner, whether the property is public or private.
Why is a Location Release Form Essential to Have?
If you don’t get a location release before filming on a property, it can land you in legal trouble. Even if you have verbal permission from the property owner, this doesn’t guarantee that you’ll avoid disputes.
A written location release form is a must. It will give you legal permission to use the location for your requirements, avoiding disputes. It also protects you against the following:
- The property owner won’t be able to revoke your access or sue you for trespassing.
- You’ll avoid copyright infringement.
- You won’t be held liable for anything that can go wrong on the day of filming, such as any injuries.
What are Legal Considerations for Location Release Forms?
Before drafting a location release form, there are some things to bear in mind.
You Might Need Other Documents
If you’re going to be photographing or filming on public property, you might require a permit. On the other hand, if you’re filming or photographing models on site, you’ll need a model release form in addition to your location release. A model release enables you to use people’s likeness legally and avoid potential lawsuits.
Ensure you get everything you need so you don’t risk legal troubles.
Get it Reviewed Before Signing
If you’ve had your location release form drafted, you should get it reviewed by a lawyer on ContractsCounsel before you sign it. This ensures that everything is in order and you haven’t missed anything important.
It’s easy to hire a lawyer from the platform for document review. Simply post your project for free and vetted lawyers will send you bids. You can review the lawyers’ profiles and information before choosing a lawyer who is a good match for your requirements.
Be Careful of Artwork in Your Location
Whether you’re filming in a public or private place, you should be mindful of copyright, such as when it comes to including artwork in your content. Always know exactly what you can and can’t shoot for legal reasons before your production session.
Notify Your Cast and Crew
You should make copies of the location release form so that you can give them to your cast and crew members. Let them know of the property details and any important rules they’ll need to follow to stay compliant during the production session.
Do You Need a Lawyer for a Location Release Form?
Although you can draft a location release form yourself, you must ensure it’s legal and professional. This is why you should hire a lawyer from ContractsCounsel. Here is how they will help you.
- State laws vary when it comes to location releases, so a lawyer will be able to ensure your document is legally sound.
- They make sure that the permission to use the property is legal and enforceable.
- A lawyer checks that all rights granted are broad enough to include the scope of work.
- They’ll draft and review the location release form so it’s clear and easy to understand for all parties.
- They’ll check for any loopholes in the form that could compromise the agreement.
- They’ll avoid any clauses in the contract that assign you with responsibility for damages and other concerns.
Do you need a lawyer for a location release form?
Hire a lawyer on ContractsCounsel to achieve peace of mind knowing your form is legally sound, fair, and transparent. This enables you to concentrate on producing great content without any stress about legal compliance.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Location Release Form Lawyers
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Joshua is an experienced attorney with deep expertise in finance, corporate, and business law. He offers practical legal solutions and personal service. As Managing Partner of Soloway Group PC, he advises startups, growing companies and investment funds on key issues, from formation to fundraising, stock issuances, trademarks and general business. He started out structuring funds and transactions at PwC before launching his own firm in 2009. He has been a partner in several New York law firms and has founded several companies including a banking firm, a real estate business, and a Cleantech company. Joshua has also served as Chief Legal Officer and Chief Strategy Officer of several companies in the tech, real estate, consulting, and sustainability industries. Prior to law school he was an early employee at a SoftBank-backed startup until it’s acquisition. Over the years, Joshua has helped many clients to launch, finance and grow successfully.
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