For Parents What are the pitfalls of signing a model release for gym photos?

[Bug's mom]

Looking for advice please. Our gym had a photographer in for team photos in 2017 and I just received a request and model release form asking to use DD's photos for their promotional material. No offer of reimbursement, of course! I'm not always good at identifying unforeseen circumstances. What pitfalls should I be looking for?

 

[gymdog]

Just do whatever you're comfortable with. It's not a big deal. In gymnastics gyms this usually means putting pictures of the team on websites and brochures. Most gyms don't have a significant social media presence that is monetized, and word of mouth is the main way gyms get business. Therefore most gyms have pretty low budget advertising "departments". I have never heard of a gym paying team members for using team photos on the website, and if they did it would almost certainly be in violation of NCAA amateur eligibility regs.

But if you don't want to, then just don't sign it. It's honestly up to you but there's virtually no chance the gym is going to make significant money off these photos. The picture you have of your daughter on this open forum is being seen by more people than will probably ever see your gym's team photo. But I think people can choose to share how and whatever they want, don't get me wrong. Just to put it into perspective.

 

[ldw4mlo]

Just do whatever you're comfortable with. It's not a big deal. In gymnastics gyms this usually means putting pictures of the team on websites and brochures.

I believe it is a release from the photographer not the gym. Specific to the child.

That to me is different. I would not sign a release for a professional photographer without some compensation, even if it a free shoot/pics.

But that’s me.

The release I sign for the gym is different, much like the one I sign for school. That I did sign.

 

[2G1B]

Unless this is a huge national company, that photographer is not going to compensate yiubforbusing your DD's photo. Most kids and parents get a kick out of seeing their picture used fir a flyer or other advertising. If you want compensation they will likely say never mind. This is not some huge advertising campaign.

 

[MBJ974]

One downside to signing a release to use your daughter's pictures for promotional purposes for the gym is that if you leave the gym, they can still use (depending in what the terms were that you signed) your daughter's pictures for their promotional gains.

 

[Ali'sMom]

If the photographer compensates, is that anything like getting "paid" for gymnastics? Meaning, would that be against NCAA rules?
So the "no compensation" is a good thing.

I can't really see any pitfalls, especially if it's just for the photographer's site, and really has nothing to do with your gym.
I am guessing it's like "see what kind of pictures I take" type of advertising?

 

[Madden3]

I think the question is, what is the upside? Does not sound like there is one. You are basically doing this person a favor, letting them use your child's image in any way they wish (I do not think you can control how they might use the photos once you have signed a release but maybe there are specific parameters in the contract?) Personally, I would not do this unless I knew the person very well.

 

[John]

If you sign a release to a photographer doesn't that make the photographer the owner of the photo to do whatever they wish with that picture?

 

[GymDadWA]

The professional photographers that I know all struggle to stay in the black especially during the winter when their are less opportunity to shoot weddings or outdoors events. If you feel like you need to be compensated maybe ask for some prints or digital high resolution copies of the photos they have of your child, I'm sure one day those photos will be priceless to you.

Since the photographer stated it was for promotional material and wasn't being sold as a stock photo or anything like that they are asking to use the photos they took to help promote/showcase their ability to other potential clients. If you feel like they did a good job then think of signing the waiver similar to leaving a positive Yelp review or something like that.

 

[gymdog]

I believe it is a release from the photographer not the gym. Specific to the child.

That to me is different. I would not sign a release for a professional photographer without some compensation, even if it a free shoot/pics.

But that’s me.

The release I sign for the gym is different, much like the one I sign for school. That I did sign.

Oh, I see. I guess it would depend in that case. I personally would probably not think that much about it but in my experience those pictures are used for stuff like to give ideas at other gyms for rec or low level gymnasts on what poses to do, and at meets on displays if the photographer has a booth or table. I'm still not sure they can compensate without running afoul of NCAA regs.

 

[Push-upPanda]

I’m not sure about NCAA regulations, but maybe you should start there. Personally, after having my youngest professionally model for most of her life it made me think about scenerios I otherwise wouldn’t. Since her agent has to be notified when her image wants to be used, we cannot sign the “mandatory” forms which include using a child’s image for dance, school, swim, whatever. It really made me think about people using my child’s image, for free, whenever they want to. It doesn’t really sit right with me, and we also don’t sign off on places using my oldest, non modeling daughter’s image either. Also, my friend had her daughter prominently show up on marketing material because she signed a release for dance. My friend was surprised and said it felt strange. There her daughter was, the parents weren’t notified and they received no compensation other than getting to see their daughter on some materials. Honestly, I think places, and/or photographers take advantage of parents getting a kick out of seeing their kids in the spotlight. Personally, I wouldn’t sign a release that generally gives away my child’s image. Just my two cents

 

[Bug's mom]

Thank you for all the feedback, a lot to consider. I wasn't expecting monetary compensation, don't have any expectation of ever getting any money back from this sport Really appreciate insight about using/releasing photo rights.

 

[ldw4mlo]

.
Since the photographer stated it was for promotional material and wasn't being sold as a stock photo or anything like that they are asking to use the photos they took to help promote/showcase their ability to other potential clients. If you feel like they did a good job then think of signing the waiver similar to leaving a positive Yelp review or something like that.

Once you sign a release you have no control over the image. It’s not your image anymore. No matter what is said.

 

[CLgym]

There is a gymnast from our gym whose image is used in promotional materials for a local photographer who takes pics during meets in our area -- the kids get a kick out of seeing it. She was like Level 4 at the time -- and is now Level 9. The image appears on a poster board that is set up by the photographer's station at meets.

Personally, I would be fine with it if I knew it was a reputable photographer/company. But that's just me (maybe too trusting by natureI?). I suppose you could always agree to language that would limit the use to certain situations? Also, for what it's worth, I'm pretty sure that a professional photographer has ownership rights (copyright?) over the images he/she takes unless purchased -- although consent is required to use images for commercial purposes such as advertising.

 

[2G1B]

If you sign a release to a photographer doesn't that make the photographer the owner of the photo to do whatever they wish with that picture?

The photographer is already the owner of the copyright for the photo. Now, without the release, since there is a minor in the photo, they shouldn't be using it publicly. But they took the photo and own it.

 

[2G1B]

And the release can avsolabsol include language limiting in what capacities the photo can be used.

 

[LemonLime]

12.5.1.2 Modeling and Other Nonathletically Related Promotional Activities. An individual may accept remuneration for or permit the use of his or her name or picture to advertise or promote the sale or use of a commercial product or service without jeopardizing his or her eligibility to participate in intercollegiate athletics only if all of the following conditions apply: (Revised: 1/14/97, 4/29/04, 1/8/07 effective 8/1/07) (a) The individual became involved in such activities for reasons independent of athletics ability; (b) No reference is made in these activities to the individual’s involvement in intercollegiate athletics; (Revised: 1/18/14 effective 8/1/14) (c) The individual’s remuneration under such circumstances is at a rate commensurate with the individual’s skills and experience as a model or performer and is not based in any way on the individual’s athletics ability or reputation.

The NCAA rules about modeling are above. There are plenty of other exceptions.

As a frame of reference, the key to amateurism is not necessarily being paid; rather, the key is whether it's a permissible sponsorship. A freshman basketball player at a top 10 school cannot be in a Nike commercial even if he's unpaid.

 

[Jenny]

Once you sign a release you have no control over the image. It’s not your image anymore. No matter what is said.

in the UK under new rules permission to use a photo can be given and withdrawn at any time. Owning the copyright different to using the photo here.