The Testimonial Release Form is an essential legal document used in New Zealand business operations to obtain proper authorization for using customer or client testimonials in marketing materials and promotional activities. This document has become increasingly important with the rise of digital marketing and social proof in business promotion, requiring careful consideration of privacy laws and consumer protection regulations. The form should comply with New Zealand's Privacy Act 2020 and Fair Trading Act 1986, while also addressing modern marketing needs such as social media usage and digital content sharing. It serves to protect both the business collecting testimonials and the individuals providing them by clearly outlining usage rights, privacy considerations, and any limitations on the use of personal information.
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1. Parties: Identifies the person providing the testimonial and the company/entity receiving it
2. Background: Explains the context of the testimonial and the relationship between the parties
3. Definitions: Defines key terms used in the agreement such as 'Testimonial', 'Content', 'Marketing Materials'
4. Grant of Rights: Specifies the rights being given to use the testimonial, including reproduction, modification, and distribution rights
5. Privacy and Consent: Details how personal information will be used and confirms consent for such use
6. Representations and Warranties: Confirms the testimonial is true, authentic, and the provider has authority to give it
7. Term and Termination: Specifies how long the release remains valid and any termination rights
8. Governing Law: Establishes New Zealand law as governing the agreement
9. Execution: Signature block and date of signing
1. Photography/Video Release: Additional rights for use of photos or videos alongside the testimonial
2. Social Media Usage: Specific provisions for social media posting and sharing
3. Compensation: Details of any payment or consideration provided for the testimonial
4. Confidentiality: Provisions protecting confidential information if discussed in the testimonial
5. Intellectual Property: Additional IP protections if the testimonial includes creative works or innovations
6. Revocation Rights: Optional clause allowing the provider to withdraw their testimonial under specific conditions
1. Schedule 1: Testimonial Content: The actual text/content of the testimonial being released
2. Schedule 2: Approved Usage Formats: List of specific formats and contexts where the testimonial may be used
3. Schedule 3: Personal Information Usage: Details of what personal information (name, title, location, etc.) can be published with the testimonial
4. Appendix A: Photo/Video Content: Copies or descriptions of any photos or videos included in the release
Relevant legal definitions
Clauses
Relevant Industries
Retail
Professional Services
Technology
Healthcare
Education
Financial Services
Hospitality
Real Estate
Manufacturing
Consumer Goods
E-commerce
Construction
Consulting
Non-profit Organizations
Media and Entertainment
Relevant Teams
Legal
Marketing
Compliance
Customer Relations
Public Relations
Communications
Social Media
Business Development
Sales
Customer Experience
Operations
Relevant Roles
Marketing Manager
Legal Counsel
Compliance Officer
Customer Relations Manager
Brand Manager
Social Media Coordinator
Content Marketing Specialist
Public Relations Manager
Business Development Manager
Sales Manager
Digital Marketing Manager
Communications Director
Privacy Officer
Customer Experience Manager
Operations Manager
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