Testimonial Release Form (New York): Free template
Testimonial Release Form (New York)
A Testimonial Release Form is a legal document that grants permission to use an individual’s or entity’s testimonial, image, voice, or other personal content for promotional, marketing, or other purposes. In New York, these forms must comply with state laws regarding consent, privacy, and publicity rights, including the New York Civil Rights Law. A well-drafted Testimonial Release Form ensures that the party providing the testimonial understands how their content will be used and protects the organization using the testimonial from potential legal disputes.
For example, a New York City-based business might use a customer testimonial in a marketing campaign to promote its services. A clear Testimonial Release Form ensures that the customer consents to the use of their words or likeness and outlines the terms of usage.
Tips for drafting and maintaining a Testimonial Release Form in New York
- Identify the parties involved: Clearly specify the names and contact information of both the individual providing the testimonial and the organization receiving the release.
- Example: “This Testimonial Release Form is entered into by [Individual Name], residing at [Address], and [Organization Name], located at [Address].”
- Define the purpose of the release: Describe how the testimonial, image, or content will be used (e.g., websites, social media, print materials, advertisements).
- Example: “The undersigned grants [Organization Name] the right to use their testimonial, name, likeness, and any accompanying images or videos for promotional purposes.”
- Specify contributions: Outline what the individual is providing, such as written statements, photos, videos, or audio recordings.
- Example: “The undersigned agrees to provide a testimonial in the form of [written statement/video/audio recording] for use by [Organization Name].”
- Clarify ownership and usage rights: Specify whether the organization has exclusive or non-exclusive rights to use the testimonial.
- Example: “The undersigned grants [Organization Name] non-exclusive rights to use the testimonial in perpetuity unless otherwise stated.”
- Outline management and editing rights: Define whether the organization can edit or modify the testimonial.
- Example: “The undersigned consents to the editing, alteration, or reproduction of the testimonial for any purpose deemed appropriate by [Organization Name].”
- Include confidentiality clauses (if applicable): Protect sensitive information shared during the process, especially if the testimonial involves proprietary details.
- Example: “The undersigned agrees to keep any proprietary information related to [Organization Name] strictly confidential.”
- Address termination terms: Specify conditions under which the release may be revoked or terminated.
- Example: “This release may be revoked by the undersigned upon written notice, but [Organization Name] may continue using content already published or distributed.”
- Outline governing law and jurisdiction: Ensure the agreement specifies that it is governed by New York law and identifies the appropriate courts for dispute resolution.
- Example: “This agreement is governed by the laws of the State of New York. Any disputes arising under this agreement shall be resolved in the courts of [County], New York.”
- Include signatures: Both parties must sign and date the form to make it legally binding.
- Example: “IN WITNESS WHEREOF, the undersigned has executed this Testimonial Release Form as of the date first written above.”
Frequently asked questions (FAQs)
Q: Are there specific laws in New York that affect testimonial releases?
A: Yes, New York’s Civil Rights Law and privacy statutes regulate the use of an individual’s name, portrait, or picture for advertising or trade purposes without consent.
Q: Can a minor provide a testimonial in New York?
A: Yes, but a parent or legal guardian must sign the release form on behalf of the minor.
Q: What happens if a testimonial is used outside the agreed-upon scope in New York?
A: The individual may have grounds to pursue legal action for unauthorized use of their likeness or content, potentially resulting in damages.
Q: Can a testimonial release in New York include clauses for international use?
A: Yes, the form can specify that the testimonial may be used globally, provided the individual consents to such terms.
Q: Can a Testimonial Release Form in New York be used for multiple campaigns or projects?
A: Yes, a Testimonial Release Form can be drafted to cover multiple campaigns or projects, provided the form explicitly states that the testimonial may be used for various purposes, such as marketing, advertising, or promotional materials. It’s important to clearly outline the scope of use to avoid misunderstandings or disputes later.
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This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.