Testimonial Consent And Release
Testimonial Consent and Release
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, __________________________________________________ (Name & Address) (“Releaser”), I hereby consent to give, consent, and forever grant to _______________________ (Name & Address) (“Manufacturer”), its representatives, licensees, marketers, and any other related parties or publishers of its promotional materials and their successors and assigns, the right of use of any text or other materials, prepared or created by Manufacturer, which text or other material depicts, quotes, or otherwise is attributed to Releaser. This consent and grant includes the right to combine these comments, text, or other material attributed to Releaser in any documents or products it uses worldwide.
Releaser also hereby releases Manufacturer and such other parties from any obligation to make any payment hereunder or from any other liability incurred in connection with the use of any such text or other material in the manner provided above. Releaser acknowledges their full and complete satisfaction with the terms of this Release.
___________________________ ________________________
Releaser ManufacturerDate: ______________________
If the Releaser is less than eighteen (1 8) years of age, complete the following the parent or legal guardian must complete the following part of the Release._______________________________ (Name and Address) (“Parent/Legal Guardian”), hereby warrant that I am the _______________________ (Parent or Legal Guardian) of ______________________ (Name of minor subject to this Agreement), a minor, and have full authority to authorize the above Release, which I have read and approved. I hereby release and agree to indemnify the licensed parties and their respective successors and assigns, from and against any and all liability arising out of the exercise of the rights granted by the above Testimonial Consent and Release.
_____________________________ _________________
Releaser’s Parent or Legal Guardian Date
Testimonial Consent and Release
Review ListThis review list is provided to inform you about the document in question and assist you in its preparation.
1. This Testimonial Consent and Release form should be used only to obtain consent for the use of a quotation in an advertisement, publication, or on product literature.
2. If the quotation to be used comes from a minor (generally under 18 years of age), be sure the parent or legal guardian also signs to acknowledge consent. Be sure to get this agreement since not doing so opens you up to substantial liability.
3. The Manufacturer should keep the original signed Release. A photocopy should be given to the person giving the consent for his or her records. If a minor is involved, give one copy to the minor and another separately to the parent or legal guardian.
4. We suggest you keep a separate copy of the signed agreement with the paperwork accompanying the product development and final records themselves. This extra step can save you a substantial amount of time when this data must be reviewed, especially in a large financial transaction, audit, or similar activity, such as the sale of your company.
Frequently Asked Questions
What is a testimonial consent and release form?
A testimonial consent and release form is a legal document in which an individual grants a company the right to use their testimonial or other attributed material in promotional materials. The form includes a release of liability and acknowledges that the individual is satisfied with the terms. It is commonly used to obtain permission to quote or feature someone's comments.
Why do I need to sign a testimonial release?
Signing a testimonial release grants the company permission to use your testimonial in its marketing and promotional materials. It also releases the company from any obligation to pay you or from other liability related to the use of your testimonial. This protects both you and the company by clarifying the terms of use.
What rights am I giving up by signing a testimonial release?
By signing a testimonial release, you grant the company the right to use, combine, and distribute your testimonial worldwide in any documents or products. You also release the company from any obligation to make payment or from other liability incurred in connection with the use of your testimonial. You acknowledge full satisfaction with the terms of the release.
Can the company use my testimonial without my permission?
No, the company needs your permission to use your testimonial, which is why they ask you to sign a consent and release form. The form explicitly grants the company the right to use any text or materials attributed to you. Without your signature, they do not have the legal right to use your testimonial.
What does 'good and valuable consideration' mean in a testimonial release?
In a testimonial release, 'good and valuable consideration' refers to something of value exchanged between the parties, which is acknowledged in the document. The article states that the receipt and sufficiency of this consideration are acknowledged. It does not specify what the consideration is, but it is a required element for the agreement to be valid.
Who can use my testimonial after I sign the release?
After you sign the release, the company (referred to as the Manufacturer) and its representatives, licensees, marketers, and other related parties or publishers of its promotional materials, as well as their successors and assigns, can use your testimonial. This includes the right to combine your comments in any documents or products worldwide. The release is broad and covers many potential users.
Will I be paid for my testimonial?
The testimonial release states that you release the company from any obligation to make payment for the use of your testimonial. Therefore, unless there is a separate agreement, you will not be paid. The form acknowledges that you are satisfied with the terms, which may include non-monetary consideration.
How long does a testimonial release last?
The testimonial release states that you 'forever grant' the rights to the company, indicating that the release is perpetual. There is no expiration date mentioned in the document. This means the company can use your testimonial indefinitely.
Can I revoke a testimonial release?
The testimonial release does not mention any right to revoke the consent. It is a permanent grant of rights, and you acknowledge full satisfaction with the terms. Therefore, it is likely irrevocable unless the agreement itself provides otherwise.
What happens if I don't sign the testimonial release?
If you do not sign the testimonial release, the company does not have your permission to use your testimonial in its promotional materials. The form is a consent and release, so without your signature, the company would be unable to legally use your attributed text or materials. The article does not specify any consequences beyond that.
