Fiverr Community Forum

Asked to sign a "talent consent form"?

As the title says, an order i have had has asked me to sign a form. Ive never done anything like this before so I dont know what to look for in something like this. Can someone read through it and see if its ok to go along with? Thank you

"I have participated as indicated on the above motion picture (the “Picture”). In consideration of my appearance in the Picture,

and without any further consideration from you, I hereby grant permission to you to utilize my appearance in connection with

the Picture in any and all manner and media and all rights of every kind and character whatsoever in perpetuity in and to my

performance, appearance, name and/or voice and the results and proceeds thereof (the “Performance”) in connection with

the Picture, and I hereby authorize Production Company to photograph and record (on film, digital, video, tape, or otherwise),

the Performance; to edit same at its discretion and to include it with the performance of others and with sound effects, special

effects and music; to incorporate same into the Picture or other program or not; to use and to license others to use such re-

cordings and photographs in any manner or media whatsoever, including without limitation unrestricted use for purposes of

publicity, advertising and sales promotion; and to use my name, likeness, voice, biographic or other information concerning

me in connection with the Picture, commercial tie-ups, merchandising, and for any other purpose. I further acknowledge that

Production Company owns all rights to the results and proceeds of my services rendered in connection herewith.

I agree that my participation in the Picture may be edited in your sole discretion. I consent to use of my name, likeness, voice

and biographical material about me in connection with Picture publicity and related institutional promotional purposes. I

expressly release you, your agents, employees, licensees and assigns from and against any and all claims which I have or may

have for invasion of privacy, defamation or any other cause of action arising out of production, distribution, broadcast or exhibition of the Picture."

1 Like

Has the client already bought your gig? If they have, then they can’t introduce anything new that is unreasonable and beyond the scope of the gig description.

You have three options to start with: Point the above out to the buyer and request they withdraw their consent form (unlikely they will), request a mutual cancellation (it’s possible they will agree), or (MASSIVE CAUTION!) accept their agreement (which is what they want).

If they refuse a mutual cancellation or try and pressure you into signing their consent form, then go straight to Customer Support - as the client has asked you to do something that is unreasonable and you can demonstrate that you have already tried to resolve the situation.

You need to balance whether what they are asking you to do is fair vs the fee they are paying you. I’m no lawyer but all those clauses in the consent form appear to work in their favour leaving you with no control over how you will be portrayed.

1 Like

I’ve been asked to sign a talent consent form a few times and the short answer is: you don’t have to sign anything.

Fiverr handles all the legalities of the transaction and any additional paperwork is not necessary (CS will tell you this much if you contact them).

In addition to that, fiverr prohibits its sellers to share any personal information with buyers (legal name, address, etc.) It’s a terms of service violation that can potentially get you in bigger trouble than any consent forms.

You can only sign with your fiverr username + signature. If your buyer is okay with that despite it kind of negating the entire point, you can proceed with that. If not, I’d contact CS and ask them to cancel due to the buyer attempting to force you to break ToS.

PS Buyers who sneak in paperwork after placing the order without mentioning it prior should be reported, in my opinion. I know that reporting has rarely done anything but still.

2 Likes

I wouldn’t sign this. There has been some news recently about a Fiverr seller making videos lauding a certain country as having responded best in the world to trhe Covid-19 pandemic.

Likely, you wouldn’t offer anything like this service. However, the terms of this agreement basically say that your buyer can use and represent your work and likeness in any way they like. As a result, you could start appearing as promoting any number of products, some legitimate, some possibly not, and could subsequently put your reputation at risk.

1 Like

I asked a friend who had done some studies related to stuff like this because I wasn’t sure if this post would get replies and he said it should be ok, and I signed it. However after reading your replies I’m feeling this was a bad idea. Is there anyway I can back out, or is it too late now that I’ve signed it?

You could try requesting to cancel the order if it’s not complete.

Look at it this way - the client is attempting to change the terms of contract by introducing something new. Something which in my humble opinion you should be very wary about.

You haven’t changed the contract. The buyer is attempting to do so. They are in the wrong - not you. So you would not be backing out.

If it was me I would request a mutual cancellation. If the buyer does not agree, then go straight to customer support.

1 Like

If you want to backout, you would have to cancel the order. However, if your friend is a legal expert (I’m not) you might want to take their advice.

I’m just saying that I personally wouldn’t sign this. If what you have delivered uses your own likeness in any way, (or the likeness of others) you are basically giving a third party free reign to make you the face of whatever product they like, whenever they like.

There are lots of cases of people who pose for things like stock images and end up being the face of controversial brand campaigns. In the age of AI, you could also find your face or voice used in a deep fake video where you confess to gross crimes or even become an adult movie star.

Basically, you need to really be aware of what rights you are surrendering when you sign something like this.

2 Likes

Firstly, this is not legal advice. In my experience in media, signing a release is pretty standard, and professional talent are expected to understand this aspect of the business. Like it or not, few professional producers would be inclined to work with talent and use their likeness in a film if they have the prospect of being sued lingering over their head.

That being said, you should always have a licensed attorney look at every business contract and/or release before you sign it.