Forums > Photography Talk > About Model Release - Canadian Photographers

Photographer

Captured Grace

Posts: 64

Vernon, British Columbia, Canada

When getting models to sign your release form, do you require a parent signature when the model is under 19?

Aug 30 11 05:45 pm Link

Photographer

Trulives Photography

Posts: 288

Edmonton, Alberta, Canada

A model must be of the 'age of majority' on order to enter into contracts.

Age of Majority: "The age at which a person legally becomes an adult, which means they can do such things as vote and enter into a binding contract. In BC, the age of majority is 19." [from: http://www.familylaw.lss.bc.ca/resource … itions.asp ]

Aug 30 11 05:54 pm Link

Photographer

Monito -- Alan

Posts: 16524

Halifax, Nova Scotia, Canada

19 is the age of majority in several provinces; the age when people can sign legally binding contracts.  It is 18 in other provinces.

There is sometimes a case made that a model release is not a contract, with some reason, but I think that is a moot point because a release requires informed consent and the legal theory is that minors are not capable of informed consent.

Aug 30 11 05:55 pm Link

Photographer

AVD AlphaDuctions

Posts: 10747

Ottawa, Ontario, Canada

Monito -- Alan wrote:
19 is the age of majority in several provinces; the age when people can sign legally binding contracts.  It is 18 in other provinces.

There is sometimes a case made that a model release is not a contract, with some reason, but I think that is a moot point because a release requires informed consent and the legal theory is that minors are not capable of informed consent.

let's leave informed consent out of this, please?  There are plenty of things that minors can unilaterally do past a certain age but under the age of majority (prevent a parent from seeing their medical file for example).  just go with the first paragraph. it's fine smile

Aug 30 11 07:20 pm Link

Photographer

Trulives Photography

Posts: 288

Edmonton, Alberta, Canada

AVD AlphaDuctions wrote:

let's leave informed consent out of this, please?  There are plenty of things that minors can unilaterally do past a certain age but under the age of majority (prevent a parent from seeing their medical file for example).  just go with the first paragraph. it's fine smile

+1 Agreed.  And a release is a 'waiver of rights' ... which in Canadian law amounts to essentially the same as a contract.

Aug 30 11 07:36 pm Link

Photographer

AVD AlphaDuctions

Posts: 10747

Ottawa, Ontario, Canada

Trulives Photography wrote:

+1 Agreed.  And a release is a 'waiver of rights' ... which in Canadian law amounts to essentially the same as a contract.

Again, let's leave that out please?  There are plenty of waiver of rights that are not contracts and the phrase "amounts essentially to the same thing as a contract" is really imprecise to begin with. The first para was great and all that's needed.

Aug 31 11 04:52 am Link