Photographers in Michigan should keep their eyes open for legislation and other legal changes that stem from a June 18, 2010, state Supreme Court ruling.
The Case
The legal question in Woodman vs. Kera, LLC, was whether a parent has the right to contractually waive liability for injury of their child before the injury occurs--and the court found that in Michigan, a parent's waiver is not enforceable.
The ruling handed down from Lansing included four different opinions from the court with the majority indicating that a waiver of liability signed by a parent is ineffective to waive the child's right sue for his or her injuries. The court's opinion seemingly goes even further, indicating that a parent does not have the ability to contract on behalf of a child or waive any legal claim the child may have unless the state legislature has passed a specific law allowing it.
What Does This Mean to You?
What the court has said means that any waiver of liability relating to injury incorporated into your portraiture agreement is not as binding as it was prior to this ruling. Additionally, even if your contract did not include such wording and was signed by a minor's parent, it has the potential to be voided if the child wishes to exercise his or her legal rights.
It is still unclear as to exactly how this would play out in the context of collecting model releases. However, upon initial review of the court opinion, it looks as though a standard model release signed by a parent is no longer binding in Michigan.




