A Testimonial Release is a one-sided agreement that allows a person or company the rights to a testimonial someone has written for them. It's a one-sided agreement because only the person who wrote the testimonial (the one releasing the rights), the "releasor," signs the agreement and makes any promises. The person receiving the released testimonial, the "release receiver," does not sign.
Testimonials in this case can be initially be written or spoken. If they are spoken, the testimonial will need to be reduced to writing to make this release effective. Otherwise, if the person or company is looking to use video or photo footage of a testimonial, a separate Media Release will be required. A Media Release can cover photos, videos, or any other type of visual media. This release is designed only for testimonials.
This document is also different than a Model Release because there, it is extremely limited to only personal media. This document is also different than a Release Agreement because here, only a testimonial is being released. In a general Release Agreement, all legal claims and demands are released, usually based on an activity or incident.
How to use this document
This document can be used for the situation when someone has spoken or written a testimonial for an individual or company and that testimonial needs to be fully released to a party besides the one spoke or wrote it. Having this document signed will ensure that the person receiving the released testimonial can use it for their business and will not end up owing the releasor any money or royalties. It also ensures the release receiver will not be subject to any potential lawsuits.
This document contains the name and contact information of the releasor. It also includes details about the actual testimonial, including a space for the full text of the testimonial if desired.
When this document is filled out, ideally, it should be printed out and signed by the releasor, or their parent/guardian if the releasor is under 18. It is a best practice for a copy of this document to be given to the release receiver and a copy to be kept with the releasor.
Testimonial Releases are normally subject to individual state laws, governing general and commercial contract principles. Depending on the type of testimonial, federal copyright laws may also apply.
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