New Release Form for Switzerland

New Release Form Template for Switzerland

A New Release Form under Swiss law is a legally binding document that grants permission for the use of an individual's image, likeness, voice, or other personal attributes in various media formats. The document complies with Swiss Civil Code provisions regarding personality rights and data protection regulations, while incorporating specific requirements under the Swiss Code of Obligations for contract formation. It serves as a formal authorization that protects both the rights holder and the entity receiving permission to use the content, clearly defining the scope, duration, and permitted uses of the materials.

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What is a New Release Form?

The New Release Form is essential in situations where organizations need legal permission to use someone's image, voice, or likeness for various purposes. This document, governed by Swiss law, ensures compliance with strict Swiss privacy and personality rights requirements while providing clear authorization for content usage. It's commonly used in photography, videography, marketing campaigns, and other media productions where personal attributes are captured and distributed. The form typically includes specific details about the materials being released, permitted uses, territorial scope, and duration of rights granted. It's particularly important in Switzerland where personality rights are strongly protected under the Civil Code and data protection laws are stringent. The New Release Form helps organizations manage legal risks while respecting individual rights and maintaining compliance with Swiss regulatory requirements.

What sections should be included in a New Release Form?

1. Parties: Identification of the person granting the release (Releasor) and the party receiving the rights (Releasee)

2. Background: Brief context explaining the purpose of the release and the relationship between the parties

3. Definitions: Key terms used in the agreement, including 'Materials', 'Usage Rights', and 'Territory'

4. Grant of Rights: The core release provision, specifying what rights are being granted and their scope

5. Consent Declaration: Express declaration of voluntary consent to the use of materials as specified

6. Usage Rights and Limitations: Detailed specification of how the materials can be used, modified, and distributed

7. Duration: Time period for which the release is valid

8. Compensation: Statement regarding any payment or consideration (even if none)

9. Representations and Warranties: Releasor's confirmation of authority to grant the release

10. Governing Law: Specification of Swiss law as governing law

11. Signatures: Execution block with date and signatures

What sections are optional to include in a New Release Form?

1. Minor Release Provisions: Additional provisions required when the releasor is under 18, including parent/guardian consent

2. Privacy Notice: Detailed information about data processing when personal data handling is extensive

3. Moral Rights Waiver: Specific waiver of moral rights for artistic works, when applicable

4. Territory Restrictions: Specific geographical limitations on usage, if any

5. Revocation Rights: Terms under which the release can be revoked, if applicable

6. Social Media Usage: Specific provisions for social media usage and platforms

7. Commercial Use Provisions: Additional terms specifically for commercial usage of the materials

What schedules should be included in a New Release Form?

1. Schedule A - Description of Materials: Detailed description of photos, videos, or other materials covered by the release

2. Schedule B - Permitted Uses: Comprehensive list of specifically permitted uses and any restrictions

3. Schedule C - Territory Definition: Detailed description of geographical areas where the release applies

4. Appendix 1 - Sample Materials: Examples or copies of the materials being released, where practical

5. Appendix 2 - Specific Projects: List of specific projects or campaigns where the materials will be used

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

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What is a New Release Form?

What sections should be included in a New Release Form?

What sections are optional to include in a New Release Form?

What schedules should be included in a New Release Form?

Authors

Alex Denne

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