A proper legal analysis is necessary based on your location and contract. Consult an attorney in your home state for advice regarding your contract or specific legal situation.
Welcome back to another episode of The Legal Paige Podcast. Today, things are getting a little spooky, and scary on the podcast as we are days away from Halloween. The horror stories I am about to share in this episode are scarier then anything you will find on Netflix...
"I also think that the best metaphor or like analogy for this is like a wedding cake. The actual bakery who's making your wedding cake would never say, oh yeah, you can come pick up your wedding cake and you can take it to the event and you can eat it, and you can ask your family and friends and you can decide like if it's 150% satisfactory to you and then you can pay me. That would never fly, you have to pay for it upfront. Unless there's like some tragic negligence on behalf of the bakery and something went wrong with the cake, like, obviously there's like refund-ability and like legal stuff at play there. But what I'm saying is like, why put yourself in a position as a service provider where there's going to be more legal hiccups down the road."
"Even if the client is unhappy with you, you need to really like take a step back. I always say if something like this occurs, it usually gets heated pretty fast because of like the emotional toil that it's going to take on you and your client. So instead of just rash sending things emotionally back to them, whether that's in text or email. I want you to cool it for at least a couple of hours digest what they're saying, and then think about the facts of the case. Don't put like emotions into your response."
"But a takeaway here could be the photographer is always going to have both parents sign the contract, just to avoid this issue from ever happening in the future. If that is something that would help you sleep better and get peace at night, then I think you should do that. But I think also one legal guardians permission is a hundred percent fine. Just remember that model releases can be revoked. Like model contracts or model releases in clauses or in model release clauses in contracts. If anything happens wonky with people's privacy later down the line, they can always request a re revocation of a model release clause."
A proper legal analysis is necessary based on your location and contract. Consult an attorney in your home state for advice regarding your contract or specific legal situation.