What Is A Model Release Form? (2026 Updated)

If you’re creating content that includes real people - whether it’s for your website, social media ads, product packaging, a documentary, or even internal training - you’ve probably heard the phrase “model release” thrown around.

And if you haven’t used one before, it can feel a bit awkward: Do I really need someone to sign a legal form just because they’re in a photo?

The good news is a model release form is usually straightforward, and it’s one of the easiest ways to protect your brand from disputes later. This guide is current and reflects the way content and advertising is typically produced and distributed today (including digital and social-first campaigns), so you can feel confident you’re setting yourself up properly.

Let’s break down what a model release form is, when you need one, what it should include, and how it fits alongside privacy and IP rules in New Zealand.

What Is A Model Release Form?

A model release form is a written agreement where a person gives you permission to use their image (or likeness) in specified ways.

In practical terms, it’s usually used when you’re:

• photographing or filming someone; and
• planning to use that content for business, promotional, commercial, or public-facing purposes.

It’s called a “model” release because it’s common in photography and advertising, but it doesn’t only apply to professional models. It can apply to:

• your customers
• your staff
• influencers and brand ambassadors
• actors or extras
• members of the public (depending on context)

At its core, a model release form helps answer one key question: “Do we have permission to use this person’s image the way we want to use it?”

If you want a dedicated document for this, a Model Release Form is designed specifically for that purpose.

What Rights Does A Model Release Cover?

A model release typically covers permission to:

• use photos or video featuring the person
• edit the content (for example, cropping, colour grading, adding graphics, combining footage)
• publish the content in certain channels (website, social media, paid ads, print, etc.)
• use the content for a period of time (or indefinitely)

It can also cover whether the person will be paid, credited, or whether the use is royalty-free.

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

There isn’t a single simple rule like “you always need one” or “you never need one” - it depends on the context and the way you’re using the content.

That said, as a general risk-management rule: if you’re using someone’s image to promote your business, get a signed model release. It’s a “protected from day one” step that can save you a lot of stress later.

Common Situations Where You Should Get A Release

You’ll usually want a model release if the person is identifiable and the content is used for marketing or commercial purposes, including:

• Website content (homepage, service pages, testimonials with photos)
• Paid ads (Meta, Google, TikTok, YouTube, billboards)
• Product packaging or product listings
• Brand campaigns (launch videos, “behind the scenes” content, lookbooks)
• Influencer content where you plan to reuse their content in your own channels
• Customer stories and case studies (especially where you’re highlighting results)

If you’re doing a professional shoot, it’s also common to pair a model release with a Photographer Terms & Conditions or another agreement that clarifies who owns the photos and what usage rights you’re receiving.

What About People In Public Places?

This is where things can get murky for business owners.

You might be allowed to film or photograph in a public place, but that doesn’t automatically mean you’re free to use an identifiable person’s image in your advertising without consent.

For example:

• If you post a wide shot of a busy street where no one is the focus, risk is generally lower.
• If you zoom in on a specific person, feature them prominently, or imply they endorse your brand, the risk is much higher.

Even if the law doesn’t clearly require consent in every “public place” scenario, the commercial and reputational risk is real. If someone complains, you may be forced to take down content mid-campaign (and that can be expensive).

Do You Need A Release For Employees?

Often, yes.

If you’re using staff photos for marketing (your “Meet the Team” page, recruitment ads, promotional videos), it’s wise to document consent properly. Your employment relationship doesn’t automatically give you broad rights to use someone’s image however you like, especially if they leave your business later.

This is also a good time to think about how your workplace handles image use, privacy, and social media. Many businesses bundle these expectations into policies or employment documents, like an Employment Contract supported by clear internal procedures.

What Should A Model Release Form Include?

A well-drafted model release form is short, clear, and tailored to how you’ll actually use the content.

Here are the key clauses you’ll usually want to include.

1. Who The Parties Are

This seems obvious, but it matters:

• the legal name of the person giving the consent (the “model”)
• the legal name of your business (and any related entities, if relevant)

If you operate through a company, ensure the company name is correct - not just your trading name or Instagram handle.

2. What Content Is Covered

The release should describe what’s being captured and released, for example:

• photos taken on a particular shoot date
• video footage recorded at a specific event
• audio recordings (if relevant)
• the person’s name and/or voice (if you intend to use these too)

Being specific reduces the risk of disputes about what was agreed.

3. The Purpose And Where You Can Use It

This is one of the most important sections for marketing teams.

You should spell out the permitted use, such as:

• your website and email marketing
• organic social media
• paid ads and sponsored posts
• print brochures and signage
• third-party platforms (marketplaces, partner sites)

If you might want to use the content broadly, you can draft the release to cover a wide range of channels. If the project is sensitive, you might keep it narrower.

4. Duration (How Long Can You Use It?)

Some releases are:

• time-limited (e.g. 12 months), or
• perpetual (ongoing use).

A perpetual release is common for brand assets (like evergreen website imagery). But it needs to be fair and properly understood by the person signing.

5. Editing And “No Approval” Language

Most businesses need the ability to edit content for practical reasons - resizing, cropping, adding branding, cutting a 60-second video down to 15 seconds, and so on.

A release often includes permission to edit and a statement that the person won’t need to approve every final version before publication.

This avoids a common problem: your campaign is ready to launch, but you’re stuck chasing last-minute approvals from people who are busy (or have changed their mind).

6. Payment, Credit, And Commercial Terms

If you’re paying the model (or giving them free products/services), the release should clearly set out:

• what they receive (fee, gift, discount, commission, etc.)
• when they receive it
• whether they must invoice you (if relevant)
• whether they’ll be credited, and where

If the release is part of an influencer relationship, you may also want an Influencer Agreement so the commercial terms, deliverables, posting schedule, and usage rights are all consistent.

7. Withdrawal Of Consent

This is a sensitive area.

People sometimes assume they can “take back” consent whenever they want. In reality, if you’re investing money into production and advertising placements, you usually need certainty.

A model release often deals with this by clarifying whether consent is revocable, and if so, on what terms (for example, whether content already printed or already in market can remain).

This is also where tailored legal drafting matters - what’s reasonable depends on the campaign, the relationship, and the type of content.

How Do Model Releases Connect With Privacy Law And Advertising Rules?

A model release is a key piece of the puzzle, but it’s not the only legal issue to think about when you’re using images of real people.

Privacy Act 2020 Considerations

In New Zealand, the Privacy Act 2020 regulates how you collect, use, store, and disclose personal information. A person’s image can be personal information, particularly where they are identifiable.

If you’re collecting images (or videos) as part of your business, you should think about:

• what you’re collecting and why
• how you’ll store it and keep it secure
• who it may be shared with (photographers, editors, agencies, platforms)
• how long you’ll keep it

This is where having a clear Privacy Policy helps set expectations, especially if you collect images through your website, events, or sign-ups.

Fair Trading Act 1986 And Misleading Impressions

If you use a person’s image in marketing, you also need to avoid creating a misleading impression.

Under the Fair Trading Act 1986, you generally shouldn’t mislead consumers about things like endorsements, affiliations, or results.

For example:

• Using a customer’s image next to “results” claims could imply they achieved those outcomes, even if the image is generic.
• Using a person’s photo in a “testimonial-style” ad could imply they’re a real customer, even if they’re a paid model.
• Using an influencer’s content without proper context could blur the line between organic content and advertising.

A model release gives permission, but you still need to use the content in a way that’s honest and fair.

Why Consent Should Be Clear (Not Just Verbal)

It’s tempting to rely on a casual “Yep, that’s fine” at a shoot or event.

The problem is that verbal conversations can be forgotten, misunderstood, or disputed later - especially when content gets reused months later for a different campaign.

A written release helps you prove what was agreed, and it helps the person understand what they’re signing up to.

Model Release Forms For Children, Groups, And Special Scenarios

Some situations need extra care, because the legal and practical risks are higher.

Children And Young People

If you’re photographing or filming children, you should generally obtain consent from a parent or legal guardian.

This is particularly important if the content is used publicly or commercially (for example, childcare marketing, sports clubs, schools, family-focused brands, or community events).

It’s also smart to be cautious about how much identifying detail you publish (names, locations, uniforms, schedules) and to keep your data handling tight.

Group Photos And Events

For events (like a product launch, workshop, or conference), you might not practically be able to get individual releases from every attendee.

Depending on the event, you might manage this by:

• using clear signage that photography and filming is occurring
• including consent language in registration terms
• offering “no-photo” wristbands or designated areas
• ensuring no one is singled out without specific consent

If you’re running events regularly, having consistent terms in your broader Website Terms & Conditions (or event terms) can help you set expectations from the start.

Sensitive Industries (Health, Wellness, Counselling)

If your business is in an industry where privacy expectations are especially high (health services, counselling, medical aesthetics, disability support), you’ll want to be very careful about before/after photos, testimonials, and “client story” content.

Even with consent, you should make sure the person genuinely understands:

• where the content will appear
• how widely it may be shared
• that online content can be copied and redistributed
• what happens if they later feel uncomfortable

In these situations, a release should be properly tailored, and you might also need privacy-specific documentation to match what you’re doing.

Key Takeaways

• A model release form is a written agreement where someone gives you permission to use their image or likeness for specified purposes.
• If you’re using identifiable people in marketing, ads, product packaging, or public-facing content, getting a signed release is usually the safest option.
• A good model release should clearly cover who is consenting, what content is covered, where it can be used, how long you can use it for, and whether editing is allowed.
• Model releases work alongside other legal obligations, including the Privacy Act 2020 and rules against misleading advertising under the Fair Trading Act 1986.
• You should take extra care when content involves children, sensitive industries, or situations where the person may feel pressured to consent.
• Don’t rely on informal verbal permission - a clear written release helps prevent disputes and protects your business from day one.

If you’d like help putting the right release documents in place (or if you’re not sure whether your planned content use is covered), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.