Michigan photographers face new considerations for privacy releases

While it is often assumed that a parent can effectively sign a waiver of privacy or release from liability for his or her minor children, that is not necessarily true. A recent decision by The Michigan Supreme Court has reaffirmed the common law position that parents cannot enter into a contract that is binding upon their minor children(with some exceptions provided by law).  A recent case, Woodman v Kera LLC, involved a 5 year old who wanted to play on inflatable bounce indoor toys with his friends during his birthday party. Before the child was allowed to participate, the father had to sign a release of all liability for injuries to his son. As luck would have it, the child broke his leg while jumping off a slide. The court held that the release signed by the father was not binding on the child. 

  This presents a broader issue and that is whether any parent could bind the child to any contract. The ruling points out that the lack of authority of the parent extends to any contract for the minor, such as a privacy release when photos are taken and allowing uses of the image for advertising, display or other use. 

  The bottom line for photographers: do not rely on a parent’s waiver of a child’s rights without first checking the law of the state(s) involved. If you are fortunate, there may be specific legislation or court rulings addressing the question.