Originally Posted by
gaybucks_chip
If it were challenged, I seriously question whether a release signed when someone is sober would hold up for acts the person performed when they are drunk, if, for example, the model later states that he would never have done such a thing had he been sober.
There are certain rights that one cannot waive, and I'm not certain, but I don't see how one could grant advance approval for acts performed when one is not of sound mind.
Now... what probably *would* hold up is having them sign a release beforehand and signing a second release afterwards, when they are sober, have reviewed the content shot of them while drunk.
For myself, I don't imagine myself ever being ok with shooting that sort of content, but if I were to do so, I would insist that the model review the content the following day and then sign off (and probably have video of them reviewing their drunken behavior and approving of it.) Call me conservative, but that's the approach I'd take.
Also, you might not have legal liability, but you really don't want to get embroiled in a legal battle if a model sees himself on your site and doesn't like what he sees. If he sues, you can bet he's going to name you, along with the primary producer, and you'll end up spending a ton of money trying to get yourself removed from the legal action if it's your site that's displaying the content. Even if you get indemnity from the producer, the indemnity isn't worth shit unless the producer has the cash in hand to pay your legal fees, and most producers I know of that would be willing to shoot this sort of stuff aren't exactly rolling in money.