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Forums > Photography Talk > 17 year model 18 year old escort !!!

Retoucher

KKP Retouching

Posts: 1489

Anaheim, California, US

Doug Swinskey wrote:

why do you need a release?

I hope that was a joke.

Feb 18 10 03:26 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

SF glamour wrote:
I want to be able to use some of her pictures here on MM !!!
that's why I think it's better to have a signed model release !!

It is not about being "better."  You are in California.  If you want to post them, you need a release.

Feb 18 10 03:28 pm Link

Photographer

photoassassin

Posts: 176

Las Vegas, Nevada, US

seriously? you're in SF. look at the number of models available in your area. don't waste your time.

Feb 18 10 03:30 pm Link

Photographer

dklee studio photo

Posts: 2587

Richmond, Virginia, US

i had a model said the forms got signed by a parent.  the signature looked sketchy.  so i said i need to have a contact number for her mom just in case i need to talk to her.  she started saying how i can't, her mom is not going to like it.. b lah blah blah...

i wasn't planning on publishing them anyway, so in the end, it was no big deal, but i hate liars...

you sure it is not nudes?  cause your other port is full of them... just watch it.. chris hansen is watching..

Feb 18 10 03:30 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

dklee studio photo wrote:
you sure it is not nudes?  cause your other port is full of them... just watch it.. chris hansen is watching..

I think that was uncalled for.

Feb 18 10 03:40 pm Link

Retoucher

KKP Retouching

Posts: 1489

Anaheim, California, US

dklee studio photo wrote:
you sure it is not nudes?  cause your other port is full of them... just watch it.. chris hansen is watching..

Dude, don't even joke about that kind of stuff.  Not only was that not funny, but disgusting.

Feb 18 10 03:46 pm Link

Photographer

SF glamour

Posts: 324

South San Francisco, California, US

no it's not nudes !!!
she is only 17 !!
if I wanted to shoot nudes ,I would pay not to get in trouble !!!
she won't even shoot anything revealing !!
I don't want to end up in jail !! for nothing !!

Feb 18 10 03:47 pm Link

Photographer

Richard B Clark

Posts: 314

Longview, Texas, US

Scott Aitken wrote:
A model release for a minor must be signed by a parent or legal guardian in order to be enforceable. (An exception would be a legally emancipated minor.) So, no, the friend can't sign it, unless they have a power of attorney from the parent or guardian.

It isn't a legal requirement to have the parent sign in front of you. You can email/fax/mail them the form, they can sign it, and either send it back to you or send it with the minor model.

The only problem with that is verification. If you don't see the parent sign the release, how do you know that the signature is real? Many teenagers would think nothing of having a sibling or friend forge their parent's signature on model release. Unless you have some way of verifying that the signature is real, there is a significant risk of forgery.

As above. You're asking for trouble on this one if you don't actually see the signing. Also, take a photo of the parent or legal guardian's driver license, check the signature on it to the signature on the release. Having them in a photo with the id is good advice. Don't shoot without a release signed before the shoot!!

If there is any balking on this, pass it up. Don't take any chances on someone lying on you later on anything. I don't shoot without a signed release except with exceptional circumstances.

Feb 18 10 03:54 pm Link

Photographer

David Friend Photograpy

Posts: 711

Phoenix, Arizona, US

MOPP wrote:
Her friend is not a legal gaurdian in any way...  Sorry, but Mommy has to sign the 17 year old's release, or there is no shoot.

+1 Shoot on a weekend that mom/dad is not working .

Feb 18 10 03:59 pm Link

Photographer

Don Spiro

Posts: 194

Astoria, New York, US

The person who asked why you need a release does have a point. A release is necessary when you want to publish work in connection with goods or services (ie, commercial usage). The publisher requires the release.

As to shooting minors, whether commercial or not, check on your state laws.

Feb 18 10 04:00 pm Link

Photographer

dklee studio photo

Posts: 2587

Richmond, Virginia, US

KKP Retouching wrote:

Dude, don't even joke about that kind of stuff.  Not only was that not funny, but disgusting.

nooooo.. i wasn't saying he was a child molester.  it was taken out of badly choice context...and wording.  i apologize...

Feb 18 10 04:01 pm Link

Photographer

SF glamour

Posts: 324

South San Francisco, California, US

she says her parents are working and that they can't come with her !!
I smell something fishy !!!

Feb 18 10 04:01 pm Link

Photographer

Luminos

Posts: 6065

Columbia, Maryland, US

SF glamour wrote:
My question is can an 18 year old friend sign a model release taking the place of a parent not present ???
this 17 year old girl want's to shoot some fashion and headshots with me,her parents work and can not attend the photoshoot, an 18 year old friend want's to come with her and shoot some pictures too!!!
legally can her friend sign a model release instead of one of her parents ???

No.

Feb 18 10 04:05 pm Link

Photographer

David Friend Photograpy

Posts: 711

Phoenix, Arizona, US

SF glamour wrote:
I think not shooting with her would be the best !!

THIS!

you should not shoot if you feel something is shady

- DF

Feb 18 10 04:05 pm Link

Photographer

Cherrystone

Posts: 37171

Columbus, Ohio, US

SF glamour wrote:
she says her parents are working and that they can't come with her !!
I smell something fishy !!!

If you smell fish, then just pass. There are many other fish in the sea.

Feb 18 10 04:06 pm Link

Photographer

Wanda Lechene

Posts: 435

Bolivar, Pennsylvania, US

The 18 year old girl can sign her own model release form with out a parent.
17 can not sign a model release form with out there guardian

The 18 year old girl can not sign for the 17 year old. She is neither the guardian nor a parent of the 17 year old.

Feb 18 10 04:07 pm Link

Photographer

Innovative Imagery

Posts: 2841

Los Angeles, California, US

SF glamour wrote:
she says her parents are working and that they can't come with her !!
I smell something fishy !!!

I think you are making a mountain out of a mole hill.  Many parents work today.   Just pictures?  Get them to sign a release when they come in to view the images.  Schedule that for a Saturday or an evening.

If you really think you need to be able to show these images, or he shoot is worthless to you, then make sure you get a verified model release.  Schools send picture contracts home all the time.  Send one home with her and have them sign it and send it back.  Then have a confirmation one when they view the images in your studio or at their house.

Plan most of your images to be of the other girl.  Don't put your eggs in one basket.

Feb 18 10 04:22 pm Link

Photographer

Jim Cookfair

Posts: 245

Buffalo, New York, US

they should both bring their parents... and their grandparents

Feb 18 10 04:30 pm Link

Photographer

SF glamour

Posts: 324

South San Francisco, California, US

you are funny !!

Feb 18 10 04:31 pm Link

Photographer

Norman Gould

Posts: 3462

North Bend, Oregon, US

PICAZZO PHOTOGRAPHY wrote:
have mom or ad sign the release in person with you thats what i do no ifs ands or buts .

Yes, their place, or yours, meet somewhere!  A bit of trouble, but I would not feel good about even notarized!
If it is worth it...it is.  If not...it is not.

Feb 18 10 04:35 pm Link

Photographer

Han Koehle

Posts: 4100

Saint Louis, Missouri, US

If the model has a notarized release from the parents designating the friend as a legal guardian with limited power of attorney for purposes of modeling, it's totally kosher... except that you're still in those dangerous "what if they claim I rape them because they're bored" waters. I know someone whose teaching career was ended by two young girls who later claimed their accusations were because they were curious how people would react, not because anything actually happened. Teenage girls are an exceptionally dangerous lot.

That aside, given the above (notarized!) documentation it's fine. I had a 25 year old guardian when I was 16 so I could participate in dangerous sports out of state without my parents around.

Feb 18 10 05:31 pm Link

Photographer

Archived

Posts: 13509

Phoenix, Arizona, US

do you really need a release, for fashion and headshots?

are you concerned that you're going to be sued and you need the legal defense?

Feb 18 10 06:05 pm Link

Photographer

Pin-Up Happiness

Posts: 56

Dayton, Ohio, US

The key here ... she is seventeen, no mommy , no daddy...NO SHOOT. NOW FOR THE EXCEPTION TO THAT RULE...IF YOU WANT TO SHOOT HER THAT BAD THEN DRIVE OVER TO THEIR HOUSE AND HAVE THEM SIGN THE REALESE IN FRONT OF YOU. I would also type something up and have them sign that the 18 year old would be acting as their eyes and ears...JUST COVER YOUR AZZ

Feb 18 10 06:32 pm Link

Photographer

Richard Karlsen

Posts: 1813

Gloversville, New York, US

A little common sense goes a long way.

  First have a parent or legal guardian sign the release in front of a notary and have the seal applied.

  Second, have the parent sign a paper giving the "escort" (18+, 21+ better) permission to act in "Loco Parentis" (hope I spelled it correctly) for a clearly described shoot.  Make sure it is notorized.

  Third, have the "escort sign the release as "witness".

  You have now taken "due dilligance" in making sure everything is in order.  If this is too much trouble for anyone concerned, move on, QUICKLY!!


  I am not a lawyer but i do have a bit of experience dealing with problems involving minors.  My daughter had a close friend who as a minor spent a lot of time with me (Us) for a variety of reasons.  For all intensitive purposes I considered her my "unofficially adopted daughter".  Her father was out of the picture and her mom was really relieved she spent a lot of time with us. She had some medicial problems, nothing really serious but enough to cause concerns when she traveled with us to visit faimly or friends hours away from home in case of emergency.  Her mom gave me a permission slip authorizing me to act in "loco parentis" any time she was in my "care" or her mother was unavailable.  The fact that it was notorized I was told made it bulletproof should it ever have been needed.  It simply gave me the right to "act as parent" if the need ever arose.  It gave me the permission to act on anything that might require parental consent (such as medicial treatment) should the need arise.  Fortunately I never had to use it but it was very comfortable knowing that if something did happen we would not have had to wait hours or longer to contact a parent in an emergency.

By having the same type of document giving the "escort" this type of authiority, you should be completely covered for any questions that might arise ( the one issue might revolve around your particular state will reconize 18 or 21 as being able to act in this capacity).

My "Gut" feeling would be the escort should be 21+.  That could change if everything "felt" Ok and all the paperwork was in order.  I would want to have origional documents in my files in any case.

Feb 18 10 06:47 pm Link

Photographer

Alluring Exposures

Posts: 11400

Casa Grande, Arizona, US

Whenever I have shot with under-18 models I always meet with the parent or guardian, check ID's and proof of relationship/legal guardianship. THEN we set a shoot date and discuss what we will be shooting and who is going ot be present during the shoot.

SF glamour wrote:
My question is can an 18 year old friend sign a model release taking the place of a parent not present ???
this 17 year old girl want's to shoot some fashion and headshots with me,her parents work and can not attend the photoshoot, an 18 year old friend want's to come with her and shoot some pictures too!!!
legally can her friend sign a model release instead of one of her parents ???

Feb 18 10 06:57 pm Link

Photographer

John Edward

Posts: 2462

Dallas, Texas, US

quote]
You don't need a release until you are ready to publish. If she's just a couple months shy of being 18, then just wait until after her birthday and send her a release to sign for herself.

Bad advice, really bad advice.

Feb 18 10 06:59 pm Link

Photographer

c_d_s

Posts: 7771

Lubbock, Texas, US

Doug Swinskey wrote:
why do you need a release?

KKP Retouching wrote:
I hope that was a joke.

Why would you think that was a joke? Call up a real modeling agency and ask to test with one of their under-18 models. Present your release and ask the agency to get the parents to sign it. See if they think that's a joke.

I've shot lots of under-18 models without a release. Some of them are in my MM portfolio. I'm not in jail. Nobody has sued me over it.

Feb 18 10 07:02 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

BlackArts - Jenna Black wrote:
If the model has a notarized release from the parents designating the friend as a legal guardian with limited power of attorney for purposes of modeling, it's totally kosher... except that you're still in those dangerous "what if they claim I rape them because they're bored" waters. I know someone whose teaching career was ended by two young girls who later claimed their accusations were because they were curious how people would react, not because anything actually happened. Teenage girls are an exceptionally dangerous lot.

That aside, given the above (notarized!) documentation it's fine. I had a 25 year old guardian when I was 16 so I could participate in dangerous sports out of state without my parents around.

I'm sorry, do you really think all this is necessary to take a few fashion shots to end up in his portfolio?

To the OP, if you are really that paranoid, send her over to shoot with me.  If I don't spend the next ten years in jail, that will be a good sign that it is safe for you to shoot with her as well.

In forty years I have never gone through anywhere near that much rigamarole to do a fashion shoot with a minor.

Feb 18 10 07:03 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

Doug Swinskey wrote:
why do you need a release?

KKP Retouching wrote:
I hope that was a joke.

c_d_s wrote:
Why would you think that was a joke? Call up a real modeling agency and ask to test with one of their under-18 models. Present your release and ask the agency to get the parents to sign it. See if they think that's a joke.

I've shot lots of under-18 models without a release. Some of them are in my MM portfolio. I'm not in jail. Nobody has sued me over it.

They would much rather believe that the sky is falling.

Feb 18 10 07:05 pm Link

Photographer

Image K

Posts: 23400

Las Vegas, Nevada, US

c_d_s wrote:

Doug Swinskey wrote:
why do you need a release?

Why would you think that was a joke? Call up a real modeling agency and ask to test with one of their under-18 models. Present your release and ask the agency to get the parents to sign it. See if they think that's a joke.

I've shot lots of under-18 models without a release. Some of them are in my MM portfolio. I'm not in jail. Nobody has sued me over it.

MM world = agency-models world...

not!

You're comparing apples and oranges.

Feb 18 10 07:08 pm Link

Photographer

S W I N S K E Y

Posts: 24376

Saint Petersburg, Florida, US

Doug Swinskey wrote:
why do you need a release?

KKP Retouching wrote:
I hope that was a joke.

dead serious, most of the photographers i see wanting model releases, don't really know what a model is and what it used for...

the girl could walk into any "glamour shots" franchise in the country and get her pictures taken, without parental consent or a model release...

basically your question asking if i'm serious, speaks volumes about your knowledge about model releases.

Feb 18 10 07:21 pm Link

Photographer

Lumigraphics

Posts: 32780

Detroit, Michigan, US

Doug Swinskey wrote:

Doug Swinskey wrote:
why do you need a release?

dead serious, most of the photographers i see wanting model releases, don't really know what a model is and what it used for...

the girl could walk into any "glamour shots" franchise in the country and get her pictures taken, without parental consent or a model release...

basically your question asking if i'm serious, speaks volumes about your knowledge about model releases.

A girl walking into glamour shots is paying them a hefty sum and doesn't want to use the images.

Feb 18 10 07:52 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

Doug Swinskey wrote:

dead serious, most of the photographers i see wanting model releases, don't really know what a model is and what it used for...

the girl could walk into any "glamour shots" franchise in the country and get her pictures taken, without parental consent or a model release...

basically your question asking if i'm serious, speaks volumes about your knowledge about model releases.

Lumigraphics wrote:
A girl walking into glamour shots is paying them a hefty sum and doesn't want to use the images.

That goes to the license granted to her by Glamour Shots, not her giving Glamour Shots the right to use her likeness, which is what a release would be for.

Feb 18 10 07:53 pm Link

Photographer

MerrillMedia

Posts: 8736

New Orleans, Louisiana, US

Ideally, you would have the parent or legal guardian sign the release in the presence of a notary, but that's a little impractical. The next best thing and something that I recommend, is to have that person sign the document and then have a witness (your witness, not his/her's) sign the document, as well. Having a second person who will testify on your behalf usually cuts out a lot of crap, if someone decides to get stupid about the situation.

Feb 18 10 08:13 pm Link

Photographer

S W I N S K E Y

Posts: 24376

Saint Petersburg, Florida, US

Lumigraphics wrote:
A girl walking into glamour shots is paying them a hefty sum and doesn't want to use the images.

the point that you missed so easily is that a model release is not always required....

as much as i respect alan, we both interpret commercial use differently...ie: model mayhem is a social networking site in my view and my images here are for exhibition only...therefore i have no obligation to obtain a model release to use the images.

Feb 18 10 08:41 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

Lumigraphics wrote:
A girl walking into glamour shots is paying them a hefty sum and doesn't want to use the images.

Doug Swinskey wrote:
the point that you missed so easily is that a model release is not always required....

as much as i respect alan, we both interpret commercial use differently...ie: model mayhem is a social networking site in my view and my images here are for exhibition only...therefore i have no obligation to obtain a model release to use the images.

Doug, for the record, I know of very few photographers who have been sued for displaying images on a site like MM when it is purely for social networking.  The distinction really is going to be if it is to solicit work or if it really is social networking.

For the record though, when this is about photos of models one has shot for trade, the most common thing that happens is that a model changes her mind later and just asks the photographer to take the pictures down.

The problem is that I do know of some who have gotten sued.  As an example, in California, we have CC 3344 which provides for statutory damages of $750 for using a model's likeness without her consent for commercial purposes.  For a while, there was a photographer out here who was trying to stir up trouble and was encouraging models to sue photographers for using images without a release. 

A few won, a few lost but it was an annoyance.  I don't agree with the principle that you never need a release to post an image on MM, and it is clearly going to be state dependent, but I do agree, that most of the time, it really isn't going to be an issue.

BTW Doug, you and I don't always have to agree on everything.  What I like is when we do disagree, we do so with respect for each other.

Feb 18 10 08:59 pm Link

Photographer

Lumigraphics

Posts: 32780

Detroit, Michigan, US

Doug Swinskey wrote:
dead serious, most of the photographers i see wanting model releases, don't really know what a model is and what it used for...

the girl could walk into any "glamour shots" franchise in the country and get her pictures taken, without parental consent or a model release...

basically your question asking if i'm serious, speaks volumes about your knowledge about model releases.

Lumigraphics wrote:
A girl walking into glamour shots is paying them a hefty sum and doesn't want to use the images.

ei Total Productions wrote:
That goes to the license granted to her by Glamour Shots, not her giving Glamour Shots the right to use her likeness, which is what a release would be for.

I meant that Glamour Shots doesn't want to use the images. They got their compensation in cash, and they can grant usage to a 17yo without needing a parent's approval.

Feb 18 10 09:21 pm Link

Photographer

Lumigraphics

Posts: 32780

Detroit, Michigan, US

I worked for the Federal Gov't for fifteen years and the lasting lesson was ALWAYS cover your ass.

Feb 18 10 09:24 pm Link

Photographer

VW Photo

Posts: 383

Fremont, Nebraska, US

Mod please delete this post.

Feb 18 10 09:54 pm Link

Photographer

VW Photo

Posts: 383

Fremont, Nebraska, US

SF glamour wrote:
if I email the model release to her mother and sign it ???
I don't trust them ,just in case they fake the mother's signature !!

Photographers have been thrown in prison for being that dumb.  If your business is so broke that you can't pass up a job that smells fishy or your a hobbyist that desperate to get a shoot do us all a favor and quit.   Note: I'm choosing to give you the benefit of the doubt that you aren't just some perv who is desperate to shoot a 17 girl without adult supervision or a model agency representative.

You know sometimes this forum just plain gets creepy.

Cheers

Feb 18 10 09:57 pm Link