If you’re a small business owner or startup founder, chances are you’re creating content all the time - website banners, social media ads, product photos, explainer videos, staff headshots, testimonials and event footage.
It’s exciting (and often necessary) for growth. But there’s a legal detail that can make or break whether you can actually use that content confidently: having a properly drafted model release form.
A model release form is one of those documents that’s easy to overlook when you’re moving fast - until you need to repurpose an image for a new campaign, raise investment, sell your business, or respond to a complaint like “I didn’t agree to that use”.
Below, we’ll walk you through what a model release form does, when it’s commonly used in Australia, what to include, and how to set your business up so you can use images and video with fewer surprises.
A model release form is a written permission agreement where a person (the “model”) consents to your business using their image, likeness, voice and/or footage in particular ways.
From a business perspective, the goal is simple: you want clarity and permission to use content you’ve paid for (or created) in your marketing and operations - without needing to renegotiate each time.
In practical terms, a model release form can help you:
- Use content commercially (ads, paid social campaigns, website hero images, brochures, packaging, pitch decks).
- Repurpose content later (for a rebrand, a new product launch, or across different platforms).
- Avoid disputes if someone later changes their mind or misunderstands what they agreed to.
- Protect your investment in photography/videography, talent, editing and campaign production.
- Demonstrate clean rights for due diligence if you raise capital, sell your business, or partner with a bigger brand.
It’s also worth noting that “we took the photo” is not the same as “we can use the person’s image however we want”. A release gives you permission you can point to later.
If you’re regularly producing content with identifiable people, it’s a good idea to have a tailored Model Release Form ready to go, rather than trying to scramble for approvals after a shoot.
In Australia, there isn’t a single rule that says you must always have a model release form every time a person appears in a photo or video. Whether you need one depends on the context - including how the content will be used, whether the person is identifiable, what was said at the time of filming/photography, and any agreements already in place.
That said, as a practical risk-management step, businesses often use a model release form whenever they’re capturing images or video of identifiable people and plan to use the content for business or promotional purposes (especially where it may be reused over time).
Here are common situations where a model release form is particularly important:
1. Marketing And Advertising Campaigns
If you’re using someone’s image to promote your goods or services (especially in paid advertising), it’s usually wise to have written permission that clearly covers commercial use.
2. Website And Landing Page Content
Homepages, “About” pages and testimonials tend to have a long shelf-life. A release helps you keep those pages live and updated without needing to repeatedly seek consent.
3. Social Media Content (Including Reels And TikToks)
Short-form video is a major growth driver for startups - but it can also be a source of misunderstandings. A model release form helps confirm what you can post, where, and for how long.
4. Staff Photos, Contractor Profiles And Team Videos
Even if the person works with you, you should be careful about assuming you can use their image indefinitely after they leave. Clear consent (and clear scope) helps avoid awkward situations later.
5. Events, Workshops And Brand Activations
If you’re filming or photographing a room full of attendees, you may need a practical consent approach (for example, signage and event terms). But if you’re featuring particular people prominently, a model release form is still often the cleanest option.
6. User-Generated Content (UGC) And Customer Testimonials
If a customer gives you a glowing review and a selfie, can you use it in an ad? It’s much safer to do so with clear written permission. A release can be adapted to cover this kind of content too.
Important note: if children are involved, you’ll usually need consent from a parent or guardian, and you’ll want the document drafted carefully to reflect that.
A strong model release form isn’t just a “yes, you can use my photo” statement. It should set expectations in plain English and cover the realities of modern content use - across platforms, regions and time.
Here’s what we typically recommend you include (tailored to your use case):
1. Who The Parties Are
- Your business details (correct legal entity name and ABN/ACN where relevant).
- The model’s legal name and contact details.
- If relevant: parent/guardian details for minors.
This matters because if your startup later changes its trading name, or you operate through a company group, you’ll want the release to clearly identify who owns and can rely on the permission.
2. What Content Is Covered
Be clear about what the model is agreeing to.
- Photographs and still images
- Video footage
- Audio/voice recordings
- Behind-the-scenes content
- Edited versions, cropped versions, and composites
If the shoot is for a specific project, you can describe it (date, location, campaign name). If you want broader coverage (e.g. ongoing content creation days), the release can be drafted accordingly.
3. The Permission You’re Actually Getting
This is the core of the model release form: what the model is allowing you to do.
For example, permission might include the right to:
- use the content for advertising, marketing and promotional purposes
- publish it online and offline
- store it in content libraries and marketing systems
- edit it (as long as it’s not misleading or defamatory)
- re-use it in future campaigns
If your content might be used in investor decks, partner campaigns, PR releases or app store listings, it’s best to cover this upfront rather than trying to stretch wording later.
4. Where The Content Can Be Used (Channels And Territories)
Modern marketing doesn’t stay in one place. Your model release form should reflect that.
Common channels include:
- your website and landing pages
- email marketing
- social media platforms
- online marketplaces
- print advertising (flyers, brochures, billboards)
- in-store displays
Territory is also important - many businesses prefer permission that applies worldwide, especially if you sell online or plan to expand beyond Australia.
5. How Long You Can Use The Content (The Term)
Startups often want evergreen use - but you also need to balance fairness and commercial reality.
Some releases are:
- time-limited (e.g. 12 months, 24 months)
- project-based (for a campaign only)
- ongoing (with clear wording about long-term use)
Where term becomes especially sensitive is when the model is a staff member, contractor, or founder. If they later leave, you don’t want confusion about whether you can still use old content.
6. Payment Or Other Consideration
If you’re paying the model (or providing something in exchange, like free products, credits, or services), the release should reflect that.
This avoids future disputes like “I only agreed because you said you’d tag me” or “I thought it was only for that one post.” Clear written terms reduce that risk.
7. Withdrawal Of Consent And Practical Limits
A common business question is: “Can someone revoke permission later?”
The answer can be nuanced and depends on the wording of your documents, the circumstances, and what was agreed (including whether the permission forms part of a binding contract). Even where your business has a well-drafted release, it’s still important to manage this issue practically - for example, by being clear about what happens to content already printed, already distributed, already scheduled, or already used in paid ads.
The key is to set expectations early, in writing, so you’re less likely to be stuck pulling down a campaign at the worst possible time.
8. Reputation And “Do Not Use” Restrictions (If Needed)
Sometimes, models will want boundaries (for example: no association with sensitive topics, political causes, or adult content). If you can accommodate these restrictions, spell them out clearly so your marketing team doesn’t accidentally breach them later.
9. Release Of Claims And Liability Clauses (Carefully Drafted)
Many releases include wording where the model acknowledges they won’t bring certain claims relating to the use of the content as agreed.
This isn’t about being heavy-handed - it’s about avoiding expensive misunderstandings where both sides thought they were agreeing to different things.
10. Signatures And Recordkeeping
Make sure the form is actually signed (including electronic signing where appropriate), dated, and stored somewhere your team can find it in 18 months’ time when you’re rebuilding your website.
If you’re also collecting personal data through your website or marketing systems, it’s worth ensuring your Privacy Policy aligns with how you store and manage that information.
For many small businesses, a model release form is just one piece of a bigger legal puzzle: making sure you actually own (or have permission to use) everything in your marketing.
Here are a few key legal areas to think about alongside your model release form.
Copyright And Content Ownership
In Australia, the photographer or videographer often owns copyright in the images/footage by default (unless your contract says otherwise).
That means you may need two layers of protection:
- a model release (permission from the person in the image), and
- a photography/videography agreement (permission/assignment/licence from the creator).
This is a common gap for startups: you might have the model’s permission, but not the creator’s copyright licence (or vice versa). Getting both right helps you avoid nasty surprises when you try to scale your marketing.
Photos and videos can sometimes include personal information - particularly if they show name tags, medical information, addresses, or other identifying details.
If you’re collecting and using personal information as part of your content campaigns or community building, your privacy compliance matters. Having a clear Privacy Collection Notice can also help set expectations at the point you collect information (for example, at an event sign-in).
If your business runs a website or platform where users upload content or participate in community spaces, your terms should support your content strategy.
For example, your Website Terms and Conditions might cover user-generated content rules and permissions - but that won’t necessarily replace the need for a model release where you are using a specific identifiable person’s image for marketing.
Sometimes, you won’t just need a model release form - you may need a broader consent document, particularly where the content is being used in a more sensitive context (for example, health services, NDIS services, schools, or vulnerable individuals).
In those cases, a Photography and Video Consent Form can be a better fit (or can be used alongside a model release), depending on what you’re filming and how it will be used.
In our experience, most problems don’t come from bad intentions - they come from teams moving quickly without a process.
Here are some common pitfalls to watch for.
1. Relying On Verbal Consent Or DMs
A quick “yes” in a direct message might feel convenient, but it’s usually not enough for the level of clarity you want for commercial use.
If you’re investing real money into creative production, a proper model release form is the safer approach.
It’s normal to start by searching for a model release form template - but templates are risky if they don’t match what you’re actually doing.
For example, many templates don’t clearly cover:
- paid advertising and boosted posts
- third-party platforms (app stores, marketplaces)
- the right to edit content
- international use
- use in investor materials or PR
When the document is vague, you’re more exposed to complaints and takedown demands later.
3. Not Covering Future Use Or Rebranding
Startups pivot. Brands evolve. Products change. If your release only covers a narrow campaign, you may need to re-contact people years later - which is hard (and sometimes impossible).
It’s often better to draft the scope properly from the start, so you can keep using your best-performing creative.
4. Forgetting Employees And Contractors Are Not “Automatically Covered”
Just because someone works with you doesn’t mean you can use their image indefinitely, in any context.
If you’re hiring team members, you’ll also want your paperwork aligned - for example, having a proper Employment Contract and policies that reflect your business operations (including marketing, IP and confidentiality).
5. Getting The Release After The Content Is Already Published
This is a stressful position to be in. If someone objects after the fact, you may have to remove content quickly and wear the cost.
A simple internal process helps:
- collect signed releases before the shoot (or at check-in)
- store them in a central folder linked to the content
- label assets in your library with “release on file”
Key Takeaways
- A model release form helps your business get clear written permission to use a person’s image, likeness and/or voice in your marketing and content.
- In practice, you’ll often want a release whenever identifiable people appear in content used for advertising, websites, social media, testimonials, events or brand campaigns - but the right approach can depend on the context.
- A strong release should cover the parties, the content, scope of use, channels, territory, term, editing permissions, payment (if any), and how withdrawals/objections will be handled in a practical way.
- Model releases often sit alongside other legal building blocks, including copyright ownership arrangements with photographers/videographers and privacy compliance for personal information.
- Common mistakes include relying on informal consent, using an unsuitable model release form template, or failing to cover future reuse and rebranding.
Tip: This article is general information only and does not constitute legal advice. If you’d like advice tailored to your business and your content strategy, get in touch with a lawyer.
If you’d like help putting the right model release form in place (or aligning it with your wider contracts and marketing process), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
