How To Create A Media Release Form In New Zealand

If your business takes photos or videos of people (customers, clients, staff, event attendees, or collaborators), having a media release form in place is one of the simplest ways to protect your brand from day one.

It’s also one of the most commonly “left until later” legal documents - right up until you want to post that great behind-the-scenes clip, reuse customer testimonials in an ad campaign, or share event footage on your website.

In this guide, we’ll walk you through what a media release form is, when you’re most likely to need one, what to include, and how to manage consent properly in New Zealand (especially with privacy law in mind). We’ll keep it practical, business-focused, and aimed at helping you confidently use the content you’re creating.

What Is A Media Release Form (And Why Does It Matter For Your Business)?

A media release form (sometimes called a “photo release”, “video release”, “talent release” or “consent form”) is a written agreement where a person gives your business permission to use their image, voice, likeness, or other identifiable features in your marketing and other business materials.

For small businesses, it matters because content gets reused. That Instagram story might become:

• a paid social media advertisement,
• a website banner,
• a printed flyer,
• a case study or testimonial post, or
• part of a long-term brand campaign.

When you have clear, written permission, you’re not relying on “they seemed okay with it” or “they didn’t complain at the time”. If a relationship changes, staff leave, someone has a privacy concern, or you scale your marketing, your paperwork should still hold up.

It’s also worth saying: a media release form isn’t just about avoiding disputes. It helps you run smoother marketing campaigns, work confidently with creatives, and build a content library you can safely reuse.

When Do You Need A Media Release Form In New Zealand?

There’s no single rule that says you always need a media release form for every photo or video. But from a business risk perspective, getting written consent is usually the safest approach when people are identifiable and you plan to publish the content (particularly for promotional or commercial purposes).

Common situations where NZ businesses should strongly consider using a media release form include:

1. Promotional Photos Or Videos

If you’re using someone’s image to promote your products or services (especially in advertising), you’ll generally want clear consent. This includes social media ads, website hero images, brochures, and digital campaigns.

2. Customer Testimonials And Case Studies

If you’re publishing someone’s name, photo, business name, or story, a media release form (or combined consent form) can help confirm what you’re allowed to use and where you’re allowed to use it.

3. Staff Content (Including Behind-The-Scenes)

Photos of staff at work, team culture videos, “meet the team” pages, and staff interviews are all common. Even if someone is your employee, it doesn’t automatically mean you can use their image for marketing forever.

This is also where it helps to align your media consent approach with your employment paperwork - for example, your Employment Contract and workplace policies.

4. Events, Workshops, And Classes

If you run fitness studios, retreats, seminars, industry events, or product launches, you’re often capturing lots of people in one place. You might rely on signage and event terms for general filming, but you’ll still want a plan for close-up shots or featured participants (and for anyone who opts out).

5. Collaborations With Influencers, Contractors, Or Creators

If you’re filming with an external person (like a model, creator, spokesperson, or brand ambassador), a media release form is often a core part of the paperwork.

Depending on the arrangement, this may sit alongside an Influencer Agreement or other services contract.

What About “Public Places” And Casual Footage?

Businesses often assume that if something is filmed “in public” (or at a public-facing venue), consent isn’t needed. In practice, what you can film and what you can later use for marketing are not always the same thing - and the risk increases where a person is clearly identifiable, the content is used commercially, or the context is sensitive (for example, a health-related setting).

That’s why, as a general risk-management step, having a properly drafted media release form is a strong move for most small businesses that create content regularly.

How Does The Privacy Act 2020 Affect Media Release Forms?

In New Zealand, the Privacy Act 2020 is a big part of the legal picture. If a photo or video identifies (or could reasonably identify) someone, it’s often treated as personal information.

That means your business should be thinking about:

• Purpose: Why are you collecting the image/video in the first place?
• Transparency: Have you clearly told people what you’ll do with it?
• Consent: Do you have meaningful permission, especially for marketing use?
• Storage and security: How are you storing and protecting the files?
• Access and correction: If someone asks what you hold about them, can you respond?

For many businesses, a media release form works best when it’s supported by a broader privacy framework - for example, a Privacy Policy and (where relevant) a Privacy Collection Notice that explains what you collect and why.

Also keep in mind: “consent” under privacy law should be genuine. It’s not just about getting a signature - it’s about people understanding what they’re agreeing to.

Sensitive Contexts Need Extra Care

If you operate in areas like health services, counselling, or anything involving vulnerable people, extra caution is essential. Images can reveal more than you think (health conditions, location, relationships, or personal circumstances).

In these cases, it may be appropriate to use a more tailored consent process and tighter controls on how content is used and stored.

What Should A Media Release Form Include? (A Practical Checklist)

A good media release form should be short enough that people will actually read it, but detailed enough that your business is properly protected later.

Here’s a practical checklist of clauses and details to consider.

1. Who Is Giving Consent (And Who Is Receiving It)?

• Full name of the person (or legal name of a parent/guardian for minors).
• Your business legal name (company name) and trading name if different.
• Optional: contact details for record-keeping.

2. What Media Is Covered?

Be clear about what the release actually applies to. For example:

• photographs,
• video recordings,
• audio recordings (voice),
• written testimonials, or
• other content (like a recorded Zoom session).

If you want the right to edit, crop, add text overlays, or combine footage into other content, make sure the form allows for this.

3. Where And How You Can Use The Content

This is often the most important part. A media release form should usually cover common marketing channels, such as:

• your website and landing pages,
• social media platforms,
• digital advertising (paid ads),
• email marketing,
• print materials (flyers, posters, brochures), and
• internal use (presentations, training, investor decks).

If you plan to share content with third parties (like media outlets, partners, sponsors, or PR agencies), that should be included too.

4. Territory And Duration

Marketing content is inherently borderless online, so many businesses choose “worldwide” usage rights. Duration is also key:

• Fixed term: e.g. 12 months, 2 years.
• Ongoing: permission continues unless withdrawn (but you’ll need a clear withdrawal process).

The “right” approach depends on your brand, the type of content, and how you plan to reuse it. If you’re building a long-term content library, you’ll usually want broad rights - but make sure that’s communicated clearly and fairly.

5. Whether Payment Is Involved

If you’re paying a model, spokesperson, or creator, the release should reflect whether the permission is granted:

• in exchange for payment (and how much),
• as part of a broader services arrangement, or
• on a voluntary basis (for example, a community event).

This is especially important if you have separate contracts in place for services, deliverables, or usage rights.

6. Withdrawal Of Consent (And What Happens Next)

This is where a lot of businesses get caught out. Someone may later ask you to remove content.

A good media release form can clarify:

• whether consent can be withdrawn,
• how the person can request removal,
• what timeframe you’ll respond in, and
• limits (for example, you may not be able to remove printed brochures already distributed).

Even with a strong form, you should handle removal requests carefully and reasonably - particularly if privacy concerns are raised.

7. Special Consents (Names, Identifiers, Social Handles)

Sometimes the image isn’t the only “identifier”. Consider whether you’re using:

• the person’s full name,
• their job title,
• their company name,
• their social media handle, or
• their testimonial in their own words.

If you want to use these, make that explicit rather than assuming it’s included.

8. Minors And Parent/Guardian Consent

If you photograph or film children (for example, at classes, family events, or school-related activities), you generally need parent/guardian consent. Your form should clearly identify:

• the child,
• the parent/guardian signing, and
• the scope of the media use.

This is one area where using a generic template can be risky - because your process, audience, and content use may need extra safeguards.

Media Release Form Vs Terms And Conditions: What’s The Difference?

Businesses often ask whether they can cover media consent inside their standard customer terms, event terms, or website terms - and sometimes you can.

But there are practical differences between:

• A media release form: direct, explicit consent from an identifiable person (usually signed or actively agreed to).
• Terms and conditions: general contract terms that may include a media clause (often agreed to indirectly, like through a ticket purchase or sign-up).

As a rule of thumb:

• If someone is a featured person in your content (close-ups, interviews, testimonials, promotional shoots), get a dedicated media release form.
• If filming is incidental (crowd shots at an event), you might also rely on event terms and clear signage - but you’ll still want an opt-out process.

If you run events or online programs, it’s common to build media permissions into your customer paperwork too - for example, your Website Terms And Conditions or enrolment terms - and then use a separate release for anyone you specifically feature.

The key is consistency: your documents and your real-world practices should match. If your terms say you film events, you should still make it obvious on the day and respect reasonable requests.

Common Mistakes NZ Businesses Make With Media Release Forms (And How To Avoid Them)

Most issues we see aren’t caused by bad intentions - they’re caused by rushed processes, mismatched expectations, or content being reused in ways nobody thought about at the time.

Here are some common traps to avoid.

Using A Generic Template That Doesn’t Match Your Use

One of the biggest risks is using a one-size-fits-all template that doesn’t reflect:

• your actual platforms (web, social, paid ads, PR),
• your ability to edit and repurpose content,
• your storage practices and privacy obligations, or
• how withdrawal requests will be handled.

Getting your media release form tailored is usually far cheaper than trying to fix a dispute after content has been published widely.

Relying On Verbal Consent Or “Implied” Permission

Verbal consent can be misunderstood, forgotten, or disputed later. A signed form (or clearly recorded digital consent) creates clarity and helps protect your business if a complaint is made.

Not Thinking About Future Use (Especially Ads)

People are often comfortable appearing in a casual social post, but feel differently about being used in paid advertising. If you plan to boost posts or run ads, make sure your media release form covers advertising use specifically.

Forgetting Staff And Contractor Content Needs Its Own Process

It’s easy to treat workplace content as “owned by the business”, but staff may still have privacy and consent concerns depending on how the footage is used.

If you engage creatives to help produce content, it also helps to clarify IP and usage rights in your contracts - for example, through a properly drafted Service Agreement that covers deliverables and ownership of materials.

Not Having A System For Storing And Retrieving Forms

Consent is only useful if you can prove it later.

Put a simple system in place, such as:

• saving signed forms in a central folder,
• naming files consistently (e.g. date + project + person name),
• storing forms securely (especially if they include personal info), and
• linking releases to the relevant files (photo/video folder or project management card).

Not Managing Opt-Outs At Events

If you film at events, think through your “what if someone says no?” process. Options might include:

• providing wristbands/stickers for opt-outs,
• briefing photographers/videographers on who to avoid, and
• having a clear point of contact for concerns on the day.

This isn’t just good customer service - it’s a practical way to reduce privacy and reputation risk.

Key Takeaways

• A media release form is a practical way to get clear consent to use someone’s image, voice, or likeness in your business marketing and content.
• You should strongly consider a media release form when people are identifiable and you plan to publish content for promotion, advertising, testimonials, or long-term brand use.
• The Privacy Act 2020 can apply to photos and videos because they often contain personal information, so you should be clear about purpose, consent, and storage.
• A good media release form should cover what content is included, where it can be used, how long permission lasts, whether payment is involved, and what happens if consent is withdrawn.
• Don’t rely on verbal permission or generic templates - your release should match how your business actually uses content (especially for paid ads and reuse across channels).
• Set up a simple internal process to collect, store, and retrieve signed releases, and plan ahead for opt-outs at events or in customer-facing spaces.

This article is general information only and does not constitute legal advice. If you’d like help creating a media release form that fits your business and how you market (online, in ads, at events, and beyond), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.