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Photographer
GT6 Photography
Posts: 50
Columbus, Ohio, US


I'm trying to find a form that a building owner and I can sign that will assure he's not liable for any injury or damage that may occur while I'm shooting on his property. My searches bring up Building Release forms, which just allow usage of images of a specific property. What criteria should I use to find the correct form to release him from liability? I'd appreciate any information. Thanks!
Jan 17 13 01:52 pm  Link  Quote 
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Photographer
GPS Studio Services
Posts: 33,584
San Francisco, California, US


What you are looking for is a general release of liability.  The problem is that state law varies so you need to be a little bit careful.    As an example, in California we have CC 1542.  Depending on the exact nature of the release, in California (but not Ohio), you might need a 1542 waiver.

If you simply search out a form on the web, be sure it works for Ohio law.  Also, do you want just a release or is the property owner also demanding indemnification? 

You might want to talk to your business insurance carrier.  There may be some restrictions on signing such a release.  Your insurance carrier might prefer that you name the property owner as an insured for the duration shoot.  That is common and normally pretty easy and of minimal cost.  Naming them as an insured is more effective than a release.  The insurance company may provide an indemnification form if you do since they will defend them in court if there is an issue if they have been named as an insured.
Jan 17 13 02:01 pm  Link  Quote 
Photographer
RennsportPhotography
Posts: 17,936
Cherry Hill, New Jersey, US


You really need to see a lawyer in your State, as GPS says it is complicated. Some rights cannot be waived even if we assume all risk.
Jan 17 13 04:31 pm  Link  Quote 
Photographer
Marc Damon
Posts: 6,562
Biloxi, Mississippi, US


GPS Studio Services wrote:
What you are looking for is a general release of liability.  The problem is that state law varies so you need to be a little bit careful.    As an example, in California we have CC 1542.  Depending on the exact nature of the release, in California (but not Ohio), you might need a 1542 waiver.

If you simply search out a form on the web, be sure it works for Ohio law.  Also, do you want just a release or is the property owner also demanding indemnification? 

You might want to talk to your business insurance carrier.  There may be some restrictions on signing such a release.  Your insurance carrier might prefer that you name the property owner as an insured for the duration shoot.  That is common and normally pretty easy and of minimal cost.  Naming them as an insured is more effective than a release.  The insurance company may provide an indemnification form if you do since they will defend them in court if there is an issue if they have been named as an insured.

+1
Relying on legal advice from the web is not a good idea.

Jan 17 13 06:28 pm  Link  Quote 
Photographer
Loki Studio
Posts: 2,801
Royal Oak, Michigan, US


A liability release will generally not protect the property owner from the talent and other participants.  What he really want is to be named as a covered party by your own business insurance- talk to your agent.
Jan 17 13 06:52 pm  Link  Quote 
Photographer
MC Photo
Posts: 4,142
New York, New York, US


GT6 Photography wrote:
I'm trying to find a form that a building owner and I can sign that will assure he's not liable for any injury or damage that may occur while I'm shooting on his property. My searches bring up Building Release forms, which just allow usage of images of a specific property. What criteria should I use to find the correct form to release him from liability? I'd appreciate any information. Thanks!

Take some of your letterhead and write "For the day of xx/xx/xx, I release you from liability for any injury or damage that may occur to me while I'm shooting on your property."

Print your name, sign your name and date the signature.


Or if he's really worried you could say "....liability in any form for any reason...."

If somehow you manage to bungle that, the consequences for you is that you will have failed to give up your right to sue him if he injures or damages you.


He should be the one providing you with the terms that he's asking for.

What he really should be doing is asking you to accept all liability, for you any one you bring, and have $X in liability insurance and name him as an additional insured.

Jan 18 13 12:57 am  Link  Quote 
Photographer
MC Photo
Posts: 4,142
New York, New York, US


Loki Studio wrote:
A liability release will generally not protect the property owner from the talent and other participants.  What he really want is to be named as a covered party by your own business insurance- talk to your agent.

Exactly.

Jan 18 13 12:58 am  Link  Quote 
Photographer
Creative Image
Posts: 1,302
Avon, Connecticut, US


Certificate of insurance.  See your agent.
Jan 18 13 09:23 am  Link  Quote 
Photographer
afplcc
Posts: 5,957
Fairfax, Virginia, US


GT6 Photography wrote:
I'm trying to find a form that a building owner and I can sign that will assure he's not liable for any injury or damage that may occur while I'm shooting on his property. My searches bring up Building Release forms, which just allow usage of images of a specific property. What criteria should I use to find the correct form to release him from liability? I'd appreciate any information. Thanks!

First, I've got a form but it's specific to Virginia.  As others have said, this is very much the nature of the State.

Second, it's also going to depend upon the nature of the building and the activity.  For instance, if you're doing acrobatic/rope poses and the model falls and hits her head on some concrete, even if you've signed a no liability clause, it probably gets the building owner in trouble b/c of the use of the building.  My point (and I hope I'm saying it more clearly) is that unless the owner has the building free and clear, there are probably rental/lease/insurance issues that they face.  They promise not to have open flame in the building for instance (not saying that you would, only citing an example).  And if they violate those terms, they could lose their insurance.

So do NOT look for a generic form or one from another state.  Check with a lawyer or if you must get something generic, either get the client or leasing agent to provide it, or check with a professional photo shop in your state and ask to borrow one of their forms (even that has limits depending upon what they've written in).

Ed

Jan 19 13 07:59 am  Link  Quote 
Photographer
GT6 Photography
Posts: 50
Columbus, Ohio, US


Thanks for all the responses. It looks like there is a lot more to consider than I had anticipated.
Jan 19 13 09:20 am  Link  Quote 
Photographer
GCobb Photography
Posts: 15,870
Southaven, Mississippi, US


Marc Damon wrote:

+1
Relying on legal advice from the web is not a good idea.

That's pretty narrow when you don't know who is qualified to answer what.

Jan 19 13 09:28 am  Link  Quote 
Photographer
L2Photography net
Posts: 2,476
University City, Missouri, US


When I shot in someones building I was asked for my Certificate of insurance
Jan 19 13 09:28 am  Link  Quote 
Photographer
Vector One Photography
Posts: 2,488
Fort Lauderdale, Florida, US


Bring thee to a nunnery ... or in your case a barrister.

You could do a generic release and llama it after a car accident release which I am sure you can find on the web but if your State has some little quirk that you leave out you don't wont to find out you boo-boo'd in court.
Jan 19 13 12:28 pm  Link  Quote 
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