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Photography Waiver

Photography Waiver Template for Belgium

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Key Requirements PROMPT example:

Photography Waiver

"I need a Photography Waiver for my fashion retail company's Spring 2025 campaign in Belgium, covering both in-store and social media usage of model photographs, with the ability to edit and reuse the images for up to 2 years."

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Document background
The Photography Waiver is essential for professional and personal photography activities in Belgium, where strict privacy laws and GDPR compliance are paramount. This document is typically used when photographs are taken of individuals or groups for various purposes, including commercial, editorial, or personal use. It addresses key requirements under Belgian law regarding image rights, data protection, and privacy, while establishing clear terms for photograph usage and distribution. The waiver is particularly important given Belgium's robust legal framework protecting individual privacy rights and the need for explicit consent in image capture and usage. It includes provisions for GDPR compliance, usage boundaries, and the subject's right to withdraw consent, making it suitable for both professional photographers and organizations requiring photographic services.
Suggested Sections

1. Parties: Identification of the photographer and the subject(s) being photographed

2. Background: Context of the photography session or event and purpose of the waiver

3. Definitions: Key terms used in the waiver including 'Photographs', 'Usage Rights', 'Territory', etc.

4. Consent and Grant of Rights: Express permission to take, use, and publish photographs, including GDPR-compliant consent

5. Scope of Usage: Detailed description of how and where photographs may be used

6. Duration: Time period for which the waiver remains valid

7. Privacy and Data Protection: GDPR and Belgian Privacy Law compliance statements

8. Representations and Warranties: Subject's confirmation of understanding and authority to grant rights

9. Governing Law: Specification of Belgian law as governing law

10. Signatures: Execution section for all parties

Optional Sections

1. Commercial Usage: Additional terms for commercial use of photographs, including compensation if applicable

2. Minor Subjects: Additional provisions when the subject is under 18, requiring parental/guardian consent

3. Group Photographs: Special provisions for photographs involving multiple subjects

4. Retouching and Editing: Permissions and limitations regarding photo editing and manipulation

5. Social Media Usage: Specific terms for social media posting and sharing

6. Revocation Rights: Terms under which consent can be withdrawn (GDPR requirement)

7. Territory Restrictions: Geographic limitations on where photos can be used

Suggested Schedules

1. Schedule 1 - Photograph Details: List and description of specific photographs or photo sessions covered by the waiver

2. Schedule 2 - Approved Usage Contexts: Detailed list of approved uses and contexts for the photographs

3. Schedule 3 - Restricted Uses: Specific limitations or restrictions on photograph usage

4. Appendix A - GDPR Privacy Notice: Detailed privacy notice complying with GDPR requirements

5. Appendix B - Consent Form for Minors: Additional consent form for subjects under 18 (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Photography

Media and Entertainment

Advertising

Events and Hospitality

Education

Corporate Services

Fashion and Modeling

Sports and Recreation

Non-profit Organizations

Public Relations

Real Estate

Wedding and Special Events

Relevant Teams

Legal

Marketing

Communications

Human Resources

Public Relations

Social Media

Content Creation

Events

Creative Services

Compliance

Privacy

Brand Management

Relevant Roles

Professional Photographer

Event Photographer

Marketing Manager

Communications Director

Content Creator

Social Media Manager

HR Manager

Legal Counsel

Privacy Officer

Event Coordinator

Wedding Planner

Public Relations Manager

Real Estate Agent

School Administrator

Creative Director

Brand Manager

Industries
GDPR (General Data Protection Regulation): EU-wide regulation that applies in Belgium, governing how personal data (including photographs) must be collected, processed, and stored
Belgian Privacy Act of 30 July 2018: National law implementing GDPR in Belgium, providing specific requirements for processing personal data including photographic images
Belgian Copyright Act of 1994: Governs copyright protection for photographs, including moral and economic rights of photographers
Belgian Civil Code Article 10: Protects personality rights, including the right to one's image and privacy
Belgian Code of Economic Law Book VI: Contains provisions on consumer protection and fair commercial practices, relevant when photographs are used for commercial purposes
Law of 30 June 1994 on Author's Rights: Specific provisions regarding the rights of authors and creators, including photographers' rights and transfer of usage rights
Belgian Portrait Rights Law: Specific provisions requiring consent for the creation and use of a person's portrait or image
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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