Media Release & Waiver of Liability — What to Include

If your business records, photographs, or films people — for marketing content, events, testimonials, or any other purpose — a Media Release protects you and respects their rights. If your business involves activities that carry physical risk, a Waiver of Liability is your first line of defense against claims. Often these documents are combined into a single form.

What Is a Media Release and Waiver of Liability?

A Media Release (also called a photo release or model release) is a contract in which a person gives permission for their image, likeness, voice, or recorded content to be used by your business for specified purposes.

A Waiver of Liability (also called a liability waiver or release of liability) is a contract in which a participant acknowledges the risks of an activity and agrees not to hold your business responsible for injuries or losses that result.

When combined, the document handles both: consent for media use and release of liability for participation.

When Do You Need One?

You need a Media Release when:

  • You photograph or video customers, event attendees, or participants for marketing purposes
  • You record testimonials or case studies featuring clients
  • You use user-generated content in your marketing

You need a Waiver of Liability when:

  • You host events with physical activity — fitness classes, outdoor adventures, workshops involving equipment
  • You operate a business where participants assume some physical risk
  • You provide services where you want to limit your exposure to negligence claims

What Should a Media Release Include?

1. Grant of Rights

The subject grants the company permission to use their image, likeness, voice, name, and recorded content for specified purposes — marketing materials, social media, advertising, educational content, etc.

2. Scope of Use

Define where and how the content can be used — website, social media, print, broadcast, third-party licensing. The broader the grant, the more useful; be honest about your intended uses.

3. Compensation

State whether the subject is being compensated (payment, credit, or other consideration) or whether they are granting rights voluntarily without payment. Both are valid — but it must be explicit.

4. Duration

Is the release perpetual or time-limited? Perpetual releases are standard for most marketing use cases.

5. Waiver of Approval Rights

Confirm that the subject does not retain the right to review or approve the final content before use.

6. Representations

The subject represents that they have the authority to grant these rights and are not bound by any conflicting agreement.

What Should a Waiver of Liability Include?

1. Description of the Activity

Describe the activity or event specifically. Vague or overbroad descriptions can undermine enforceability.

2. Assumption of Risk

The participant acknowledges that the activity carries inherent risks and that they are voluntarily assuming those risks.

3. Release of Claims

The participant releases the company and its employees, officers, and agents from liability for injuries or losses arising from the activity — including those caused by the company's negligence, where permitted by state law.

4. Indemnification

The participant agrees to indemnify the company against claims arising from their own conduct during the activity.

5. Emergency Medical Authorization

For activities with significant physical risk, authorize the company to seek emergency medical treatment on the participant's behalf.

6. Governing Law

Specify which state's law governs the waiver. Enforceability of liability waivers varies significantly by state.

Common Mistakes Founders Make

Using a generic release not tailored to your activity. Courts scrutinize liability waivers carefully. A waiver that doesn't specifically describe the activity or the risks involved may not hold up.

Not getting releases before recording. Using someone's likeness without a signed release — even in a casual social media post — can create legal exposure.

Assuming waivers cover gross negligence. Most states do not allow businesses to waive liability for gross negligence or intentional misconduct. Know what your waiver actually covers.

Collecting releases informally. An unsigned or undated release is difficult to enforce. Use a process that creates a clear record of when and how consent was given.

Why This Matters for Founders

Content is currency for modern businesses — and risk management is fundamental to every operation. A well-drafted Media Release protects your ability to use the content you create. A well-drafted Waiver of Liability reduces your exposure when things go wrong. Neither is complicated; both are essential.

Get a Lawyer-Drafted Document Without the Lawyer Bill

Media Releases and Waivers of Liability drafted by attorneys typically cost $500–$1,500. TalkingTree gives you the same quality without the invoice.

TalkingTree's Media Release and Waiver of Liability template was built by experienced business attorneys and is available through the Contract Studio. Customize it to your use case, fill it out, and send it for signature — all in one platform.

  • Business membership ($59.99/mo): Full access to the Contract Studio and a library of 100+ attorney-drafted templates, plus limited e-signature included. One document alone covers the cost of your first month.
  • Enterprise membership ($149.99/mo): Everything in Business, plus unlimited e-signature — built for founders and teams managing a high volume of documents.

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Get started with TalkingTree and get access to attorney-drafted contracts, a built-in signing workflow, and legal tools designed to help your business operate with confidence.

This page is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.