A location release of liability is a legal document between two parties – the releasor, who is the individual promising not to sue or the location owner, and the release, who is the person or company who is potentially liable or the production company. Signing the form means that the releasor acknowledges that they understand the risks and claims involved and will not sue the Release for any past or future damages.
The importance of signing a Location Release Form is such that it is used to protect both parties – usually the location owner and the tenant; who is usually a producer or film production company that has to shoot film/footage on the property from any confusion that may come up regarding the production location. The form will outline when the location is used, the dates it will be used, an insurance agreement, and an acknowledgment of liability.
If the property owner sees a footage shot on his property without granting the producer permission, the producer or the production company could face a lawsuit. Without a location release of liability form, it can be argued that the content produced by the producer or filmmaker belongs to the owner of the property if permission was not granted before the shoot. Typically, the location release of liability form can be used to help you attain all required means for proper production on the set of your film/production on different cases.
Such cases include:
- You are a location scout for a film production company and need to have proper legal documents ready to attain permission to shoot on a property/location
- You work as a photographer, director, film producer, or a videographer
- If you need to shoot any sort of media on private property
Both parties will be involved in completing and signing a location Release Form before the day of the production. A copy of the form should also be with the parties on the day of the production. Having the form around will help if any disputes arise regarding the release’s rights to shoot in the location.
Using a Location Release of Liability Form
When you have found the perfect location to shoot your video or take pictures, the next thing you need to do is put your release form to use.
Here’s how to go about it;
Reviewing of the location release of liability form
To use a location release of liability form, you – the releasee will fill out every field and have the owner of the property sign and date it. Also, make sure you make a copy of the form for the property owner’s record, your production company’s records, and an extra copy for yourself, which you have to bring with you on the production day.
The form will include the following;
- Names of the releasee and the releasor
- Identification of the party responsible for the physical safety and security of people who will use the location. The form will include the name, address, and other personal information about the party.
- Local council permission which is is very important in cases where the shooting or filming will occur in a park, public land, or on the street. You can’t shoot in these places without permission even though it isn’t owned by an individual.
- Both parties will review explicit permissions requested and how the location will be used, as well as the length of time the location will be used.
- The date and time of the shoot will be stated in the form.
- The identification of the party responsible for post-production cleanup activities will also be included in the form
- The form will also include the amount paid and the date of payment, if applicable.
- Acknowledgment that the release did not breach local council regulation or trespass on the releasor’s property.
- The applicable insurance details openly state that the insurance protects the production company from related liability by covering a specific amount.
- Cancellation policy and guidelines that describe how and when the agreement can be revoked without penalty.
Acknowledgement and signature
The form is invalid without the acknowledgement and signature of the releasor and releasee. Their signature indicates that they have read and understand the purpose of the form.
- The party who has legal rights to the location that the releasee intends to use will review and acknowledge the complete form. Note that you,as a resident or tenant on the property do not own the property, so the film producers/tenant(s) are in no position to sign the location release of liability form naturally.
- The release form is then supposed to be acknowledged by the property owner by having which done; all rights to any video, image, or film captured at the location will be released to you as the tenant/releasee. If the form is signed, the right of the film or photographs belongs to the releasee. Both parties have to acknowledge that the property owner is not held liable, and they will be held harmless.
Validate and legalize the form
The location release form with be printed, signed and dated by the parties. If the releasor is a minor, their legal parent or guardian will have to sign the document.
Important Factors to Consider
There are a few essential and additional considerations that must be kept in mind during the the procedure of filling and signing the form by you as the tenant.
Such as making sure that you include the permission to access the shoot location, record on the property, and own the footage that was recorded there in the form when you are required to fill it out as this releases the rights from the owner of the location you’re doing the shoot. You should also mention the location release form if you need to return to the location for more shooting.
More time for the shoot than that which has already predicted should be specified in writing, in the liability release form so there won’t be an issue of going overtime. Spending more than the allotted amount of time you requested could be a nuisance for the location owner, especially if it is a popular property that will have to return to its regular uses.
Free Release Form Templates
Download free customizable location release of liability form templates here.
Frequently Asked Questions
Is a release of liability form legal?
Yes. A Release of Liability Form is a legally binding document between two parties — the releasor and the release. It protects the release from being sued when they use a property that belongs to the releasor. The form has both the signature of the release and the releasor.
Can a release sue after they sign the liability release form?
Yes. A release can sue the releasor if the need arises. For example in a case where the property brings the release to harm during use, he/she can sue the releasor.
What happens if you don’t sign a release form?
Not using or signing a location release of liability form will only open you or your business to so many unwanted or avoidable litigation. Although you spend money on creating, disseminating, and signing the form, you’re doing yourself a favor by protecting yourself and your brand from legal battles and legal fees that will arise if you don’t do it.
A location release of liability form doesn’t protect you. Instead, it gives you a potential layer of protection.