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Legal risks of photographing minors at the request of parent?
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May 20, 2018 14:56:11   #
rook2c4 Loc: Philadelphia, PA USA
 
Besides the standard release form, include a letter of consent signed by the parent.

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May 20, 2018 14:56:53   #
via the lens Loc: Northern California, near Yosemite NP
 
Pat F 4119 wrote:
In an attempt to build my portfolio, I have agreed to several photo shoots free of charge while I work on improving my off-camera lighting skills. I’ve recently been approached by a parent of 16 year old daughter interested in building a portfolio for a possible modeling career, but since I’m not a professional photographer (yet), and my instincts are telling me there may be some legal ramifications and risks that would make this a situation something best to avoid. I’m in the US, so I’m wondering if anyone here has had a similar experience or could offer some advice. If I were to move forward, I would insist that a parent be present during the shoot, and have a release signed, so I don’t know if I’m being overly cautious, but this can be a crazy world at times, and I’m wondering if it might be best just to pass on this one. Thanks.
In an attempt to build my portfolio, I have agreed... (show quote)


Model release signed by the PARENT! Plus, for extra insurance, one also signed by the young woman. And, yes, a chaperon.

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May 20, 2018 20:39:19   #
Guyserman Loc: Benton, AR
 
bobmcculloch wrote:
I like both the video camera plus an assistant there. Better safe than sorry




Preferably a female assistant.

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May 21, 2018 05:13:20   #
wmrphoto
 
I do this all the time. I always:
1) have a release signed by the parents
2) deal directly with the parent.
3) have all wardrobe and concepts approved by the parent
4) the parent is always present during the shoot.

I’ve done maybe 20+ shoots for minors and have never had an issue. Sometimes you can overthink some things.

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May 21, 2018 05:32:51   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
DJ Mills wrote:
A bigger question might be who got the whole legal thing started. Did the girl "see herself" in the ad?


She brought the ad to the attention of her attorney. I think the attorney smelled money and started the process. Ultimately there was no cost on my side, because, other than the tiny advertisement she had no proof. I did tell her to contact the source of the ad and ask them for a copy of the model release. More work for her, but I believe that the company provided it and she realized she had no case against me. If she was an experienced attorney, she would have asked for the release for the model used in the ad first. But it still shows that anyone can be sued, for any reason - even without merit.

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May 21, 2018 05:36:18   #
Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)
 
Pat F 4119 wrote:
Great, thanks!


Using general purpose release that you find on line is never a good idea. There may be specific circumstances that are local in nature, that may not be covered by a generic release. Talk to an attorney.

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May 21, 2018 05:42:53   #
Architect1776 Loc: In my mind
 
Gene51 wrote:
She brought the ad to the attention of her attorney. I think the attorney smelled money and started the process. Ultimately there was no cost on my side, because, other than the tiny advertisement she had no proof. I did tell her to contact the source of the ad and ask them for a copy of the model release. More work for her, but I believe that the company provided it and she realized she had no case against me. If she was an experienced attorney, she would have asked for the release for the model used in the ad first. But it still shows that anyone can be sued, for any reason - even without merit.
She brought the ad to the attention of her attorne... (show quote)



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May 21, 2018 05:52:16   #
billnikon Loc: Pennsylvania/Ohio/Florida/Maui/Oregon/Vermont
 
Pat F 4119 wrote:
In an attempt to build my portfolio, I have agreed to several photo shoots free of charge while I work on improving my off-camera lighting skills. I’ve recently been approached by a parent of 16 year old daughter interested in building a portfolio for a possible modeling career, but since I’m not a professional photographer (yet), and my instincts are telling me there may be some legal ramifications and risks that would make this a situation something best to avoid. I’m in the US, so I’m wondering if anyone here has had a similar experience or could offer some advice. If I were to move forward, I would insist that a parent be present during the shoot, and have a release signed, so I don’t know if I’m being overly cautious, but this can be a crazy world at times, and I’m wondering if it might be best just to pass on this one. Thanks.
In an attempt to build my portfolio, I have agreed... (show quote)


Yes, you are on the right track. A parent present and a model release is very much in order. Here is an example of a minor model release.
https://www.asmp.org/model-release-minor-child/
I strongly suggest BOTH parents sign, you never know now days.

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May 21, 2018 06:17:36   #
sb Loc: Florida's East Coast
 
What you suggest is the basics - always have a parent or adult chaperone present and a signed release (signed by parent or guardian as well as the minor child themselves - and document on the release who was present.

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May 21, 2018 06:44:06   #
jerryc41 Loc: Catskill Mts of NY
 
Pat F 4119 wrote:
In an attempt to build my portfolio, I have agreed to several photo shoots free of charge while I work on improving my off-camera lighting skills. I’ve recently been approached by a parent of 16 year old daughter interested in building a portfolio for a possible modeling career, but since I’m not a professional photographer (yet), and my instincts are telling me there may be some legal ramifications and risks that would make this a situation something best to avoid. I’m in the US, so I’m wondering if anyone here has had a similar experience or could offer some advice. If I were to move forward, I would insist that a parent be present during the shoot, and have a release signed, so I don’t know if I’m being overly cautious, but this can be a crazy world at times, and I’m wondering if it might be best just to pass on this one. Thanks.
In an attempt to build my portfolio, I have agreed... (show quote)


I would pass on it, especially since the girl is sixteen and looking to be a model. I see the potential for bare skin and a law suit. You'll never go wrong suspecting the worst of people.

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May 21, 2018 06:51:32   #
tommy2 Loc: Fort Worth, Texas
 
The other side of the coin is just as heartbreaking: The trauma of making a child available to a photographer to photograph. I'd not be surprised to read here about parents wanting references, signed agreements, etc. from the photographer one of these days. (Spent years as a Children's Advocacy Center board member and saw it all happen one way or another.)

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May 21, 2018 07:06:04   #
Fkaufman3 Loc: Florida, LA ie lower Alabama
 
Better yet take pics of flora and fauna in the wild

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May 21, 2018 07:15:57   #
ronz Loc: Florida
 
Honestly you have little to worry about IF you have a Model Release. If under 18, I always have a place for the parent to sign and date. The law center on line has some good contracts or the PPA. I definitely have another person present when shooting and under age person such as High School seniors. Yes, there will always be someone looking for a quick buck but after 28 years and no problems, I believe this works. I shoot special events, weddings, seniors and product but never street photography....

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May 21, 2018 07:22:28   #
camerapapi Loc: Miami, Fl.
 
I have made photographs for minors with the verbal parent consent. Never an issue. If you feel safer using a consent, why not.

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May 21, 2018 07:23:18   #
turp77 Loc: Connecticut, Plainfield
 
Easy have a contract signed by her and the parents seeing she is under 18 as well as a model release.

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