HOW TO AVOID THE INDEMNIFICATION CLAUSE

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Some magazines, organizations, and publishing houses for a number of years have been sending out a "consent and release" form when they purchase photos. The form is actually an indemnification clause, which, if signed, can indemnify them of all liability even in cases where they could be at fault.

Since you'd like to deal with these buyers, try this: place the following sentence at the end of their CONSENT AND RELEASE statement, just before your signature:

"...as long as the pictures are not used in such a way that would shock the normal sensibilities of ordinary people." (You can omit the quotes.)

This throws the ball back to them, protects your First Amendment Rights, plus calls attention to their duty to responsibly use your pictures so as not to discredit you, your model(s), or their own name. This would be a rarity, of course - - for them to make such an error of publishing judgement (and they know it).

For the past few years, I have suggested to photographers that they use this approach, and haven't heard any repercussions from buyers or subscribers. Seems the organizations and publishers can live with such an addition to their consent form.

Good luck! -RE