During a few consulting and advising sessions, we have been recommended that clients include a “Use of Likeness” clause in their contracts, handbooks, enrollment agreements, etc. We crafted the one below and had it approved by legal counsel. This kind of waiver can save you a lot of headaches later on. Please note that depending on your state and local laws, you may be required to allow an opt-out.
Feel free to adapt and use as you wish. Disclaimer: Check with legal counsel before using it.
Use of Likeness Clause Template
I hereby grant to ORGANIZATION and its affiliates and assigns (“ORGANIZATION”) the right and permission to use in perpetuity, my child’s and my own name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing ORGANIZATION’s products and services, without review, permission or compensation of any amount or kind whatsoever.
ORGANIZATION shall have complete ownership of any recording, product, copy, presentation, or other material or file containing or featuring my Appearance (“Product”), including copyright interests, and I acknowledge I have no interest or ownership in the Product (or any portion thereof) or its copyright. This grant includes without limitation the right for ORGANIZATION to edit, abridge, augment, title, or create a compilation from my Appearance in whole or part as ORGANIZATION may elect in its sole discretion.
As always, reach out to us if you have any questions or need and assistance.