You’ve nailed the shoot, the lighting was perfect, and the client’s thrilled. Then you go to post the photos or video on your website or social channels… and you hesitate.
Can you legally use that footage for marketing? What if a person in the background complains? What if the client later says they didn’t agree to their child being featured?
A photography/video consent form (often called a “model release” or “talent release”) is one of the simplest ways to protect your business from day one. This 2026-updated guide reflects how consent expectations (especially online and on social platforms) keep getting stricter, and why having the paperwork right upfront saves you a lot of stress later.
Below, we’ll break down what a consent form does, when you need one, how it connects with New Zealand privacy law, and what to include so it’s actually useful (not just a generic template that falls over when tested).
A photography/video consent form is a written agreement where a person gives you permission to capture and/or use their image, voice, and likeness in certain ways.
In practice, it helps you clarify (in writing):
- What you’re collecting (photos, video footage, audio, behind-the-scenes content).
- How you can use it (website, Instagram, TikTok, print brochures, paid ads, internal training, etc.).
- Where it can appear (New Zealand-only, worldwide, online platforms, partner channels).
- How long you can use it for (a fixed term, or ongoing/indefinite).
- Whether they can withdraw consent and what happens if they do.
It’s also common for consent forms to cover practical points like whether the person gets paid, whether they can review the final edit, and whether you can edit the content (cropping, colour grading, adding text overlays, creating cut-downs for ads, and so on).
If you’re using a standardised form for shoots, classes, events, or brand campaigns, you’ll usually want something like a Model Release Form that is tailored to the way you actually create and distribute content.
There isn’t one single rule that applies to every scenario. Whether you “need” a consent form depends on what you’re filming/photographing, where, and how you plan to use the content.
That said, if you’re using images or footage to promote your business (especially online), getting written consent is usually the safest and most professional approach.
Common Scenarios Where You Should Get Consent
- Marketing content: website galleries, social media posts, paid ads, brochures, flyers, and case studies.
- Client testimonials: videos where a client speaks on camera and endorses your services.
- Photos/footage with identifiable people: even if they’re not the “main subject”, if someone is recognisable, they may raise concerns.
- Children or vulnerable people: you generally need consent from a parent or legal guardian (and you’ll want extra care around storage and sharing).
- Events and workshops: especially if you’re capturing content for future promotion (not just internal records).
- Employee content: staff headshots, “day in the life” videos, team reels, and promotional material featuring your people.
What About Street Photography Or Filming In Public?
Even if you’re filming in public, your intended use matters. There’s a big difference between:
- capturing general street scenes as an artistic project, and
- using footage of identifiable people to promote your business or a third party’s product.
If your footage is going to be used for commercial/promotional purposes, a consent form becomes much more important. It helps reduce disputes about whether the person agreed to be featured, and it clarifies the scope of what they’re agreeing to.
It’s also worth remembering that legal risk isn’t only about “can I do it?”-it’s also about reputation. In a world where content spreads fast, being able to show you got clear consent is a practical shield.
In New Zealand, privacy obligations often come into play when you’re dealing with images and video-because photos and footage can be personal information if a person is identifiable.
Under the Privacy Act 2020, businesses generally need to be thoughtful about how they collect, store, use, and disclose personal information. For photographers, videographers, marketing agencies, gyms, studios, and anyone running campaigns, that can include:
- how you tell people they’re being filmed or photographed,
- what purpose you’re collecting the content for,
- where you store the raw files (and who can access them), and
- how widely you share or publish the final content.
This is where a consent form helps, because it records that the person understood and agreed to your stated uses.
But a consent form isn’t always enough on its own. If you’re collecting and using identifiable footage as part of your business operations, you’ll usually also want a Privacy Policy (and, in some settings, a clear on-site collection notice as well).
A common mistake is thinking that “consent” is just getting someone to sign something quickly.
In reality, consent works best (and is far more defensible) when it’s informed and specific. That means the person should understand, in plain language:
- what’s being captured,
- what it will be used for, and
- the practical consequences (for example, online content can be shared, downloaded, or reposted by others).
If you’re filming in a context where people might feel pressured (like employees on shift, or clients in a sensitive service environment), it’s especially important to make sure consent is genuinely voluntary.
A well-drafted photography/video consent form isn’t just paperwork for paperwork’s sake. It’s a risk-management tool that helps prevent disputes from turning into expensive, time-consuming headaches.
Here are some of the most common issues it can help you avoid.
1) Disputes About Marketing Usage
A client might be happy for you to take photos for their project, but not happy for you to use the images in your own advertising later.
If you don’t have the permission clearly documented, you can end up needing to remove content from your website or ads at short notice-often after you’ve spent money promoting it.
2) Complaints About Misleading Or Unfair Advertising
If you’re using photos or video to promote a service, you also need to make sure your marketing is accurate and not misleading.
This is where the Fair Trading Act 1986 can become relevant-particularly if your images could create a false impression (for example, implying a person endorses your business when they don’t, or implying results that aren’t typical).
A consent form can help clarify endorsement and permissions allowing you to use someone’s likeness in marketing, but you should still ensure your advertising claims are truthful overall.
3) Ownership And Usage Confusion (Especially With Clients)
Consent is different from ownership. Even if someone agrees to be filmed, you still need to be clear about:
- who owns the footage/photos (you, the client, or both),
- what licence (permission) each party has to use the content, and
- whether the content can be edited or repurposed.
This is why many creatives pair a consent form with a broader client agreement or Service Agreement that covers deliverables, payment, IP, revisions, and usage rights.
4) Problems When Someone Withdraws Consent
People change their mind. A participant who was happy to appear in a campaign might later become uncomfortable-especially if the content gets more attention than expected.
A strong consent form sets expectations about whether consent can be withdrawn, and what the practical process is (for example, you’ll remove future posts, but you can’t always retract printed materials or content already distributed by third parties).
5) Staff Content Issues (And Employment Relationship Risks)
If you feature employees in marketing, it’s smart to handle it carefully. Employees might agree at the time, but later leave the business and want content removed.
Having clear written permissions (and tying it into your onboarding documents) helps. Depending on your setup, it may be relevant to align this with your Employment Contract and workplace policies so everyone knows what’s expected.
The “right” consent form depends on your business model. A wedding photographer, a gym filming classes for ads, and an agency producing branded campaigns all face slightly different risks.
Still, most strong consent forms cover a core set of clauses and practical details.
Key Clauses To Consider
- Identity of the parties: who is granting consent, and who is receiving it (your business name/entity).
- Description of the content: photography, video, audio, interviews, behind-the-scenes content.
- Purpose and scope: portfolio use, marketing, paid ads, education/training, media publication.
- Channels: website, newsletters, social platforms, third-party platforms, print.
- Territory: New Zealand only or worldwide (online often effectively means worldwide).
- Time period: fixed period or ongoing use.
- Editing rights: permission to crop, edit, add graphics/subtitles, create short-form clips.
- Payment/consideration: whether they’re being paid, receiving a free service, or participating voluntarily.
- Withdrawal process: what happens if the person asks to withdraw consent.
- Special categories: extra protections for minors (guardian consent), sensitive contexts, or health-related content.
Make Sure It Matches How You Actually Work
One of the biggest problems with generic templates is that they don’t match reality.
For example, if you regularly:
- repurpose long videos into short reels,
- run paid ads using client footage, or
- share content with brand partners, venues, or sponsors,
your consent wording needs to reflect that. Otherwise, you’re relying on assumptions-and assumptions are where disputes start.
Sometimes, yes.
A person can consent to being filmed, but that doesn’t automatically mean you have permission to film on a particular property or use that property’s branding in your content. If you’re shooting somewhere like a café, gym, retail store, or private home, it can be sensible to have a Location Release Form as well.
This is especially important where the venue has its own rules, signage, artworks, or other third-party rights that could be shown in the footage.
How Do I Collect Consent In A Practical Way (Without Killing The Vibe)?
Most creatives worry that introducing consent forms will make a shoot feel “too legal” or awkward.
The good news is: it doesn’t have to be heavy. In many cases, clients and participants actually feel more comfortable when expectations are clear.
Practical Ways To Build Consent Into Your Workflow
- Send it before the shoot: include the consent form in your booking confirmation or pre-shoot email so it’s not rushed on the day.
- Use clear, plain language: people should understand what they’re agreeing to without needing a law degree.
- Separate “shoot consent” from “marketing consent” if needed: some people are fine being filmed for a private project but not for advertising. Giving options can reduce friction.
- Make it easy to sign: digital signing is often the smoothest approach for modern workflows.
- Keep records organised: store signed forms in a secure folder, linked to the relevant job, so you can prove consent later if needed.
If You’re Filming Groups Or Events
For group settings (like workshops, fitness classes, conferences, or community events), you may need a layered approach:
- clear signage that filming/photography is occurring and what it’s for, and
- individual consent for people you plan to feature prominently (especially in close-ups or testimonials).
If you’re collecting attendee details along with images (like names, emails, registration info), it’s also worth thinking about whether you need a Privacy Collection Notice so you’re transparent about what you’re collecting and why.
If You’re Working With Influencers Or Brand Ambassadors
If your content involves an influencer, creator, or ambassador, consent alone may not be enough. You’ll usually want a separate agreement setting out content requirements, approvals, usage rights, and disclosure obligations (so the collaboration stays compliant and clear).
This is where a purpose-built Influencer Agreement can be the right tool alongside your consent/release documentation.
Key Takeaways
- A photography/video consent form helps you get clear permission to capture and use someone’s image, voice, and likeness-especially for marketing and online content.
- In New Zealand, photos and footage can be personal information, so privacy law (including the Privacy Act 2020) is often relevant when people are identifiable.
- Consent reduces disputes about portfolio use, paid advertising, edits, and third-party sharing, and it helps protect your business reputation if someone later complains.
- A good consent form should spell out the scope of use (channels, purpose, territory, time period), editing rights, payment (if any), and what happens if consent is withdrawn.
- Consent doesn’t automatically cover everything-depending on the shoot, you may also need a location release and a separate client/service agreement dealing with IP and deliverables.
- Templates can be risky if they don’t match how you actually shoot and distribute content; tailored documents are usually the safest approach.
If you’d like help putting the right photography/video consent form in place (or reviewing what you’re currently using), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
