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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If you have signed a release form is it still possible to get

Resolved Question:

If you have signed a release form is it still possible to get it revoked at a later date?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Could you please explain your situation a little more?

Customer:

Hello

Alex Watts :

Hi

Customer:

I signed a models release form a few years ago in relation to allowing my face and other physical features to be allowed to be shown on a website however I am personally not happy having my appearance displayed on this website anymore so I was wanting to know if I can legally get this media content taken down from this website and this contract possibly rescinded in any way?

Alex Watts :

Does the agreement allow you to change your mind?

Customer:

I don't know because I never got a copy of the contract

Alex Watts :

Ok. Unless the contract states otherwise then the answer is no.

Alex Watts :

You agreed and gave consent. Its a contract and you agreed.

Alex Watts :

If the contract says you can change your mind (which in all honesty I doubt) then you can

Alex Watts :

But if it does not say that then you cant

Alex Watts :

So you need to see the contract

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

that is fine, in any case, can I get them to send me a copy of the contract? and can they refuse to send me a copy?

Alex Watts :

No, they cant refuse.

Alex Watts :

You have a right under the Data Protection Act

Alex Watts :

They must send it within 40 days.

Alex Watts :

But if its over 6 years old they may not have a copy

Customer:

it still under 6 years old

Alex Watts :

ok

Customer:

so if they refuse to send me a copy or just ignore my emails/letters in regards ***** ***** can I sue them?

Alex Watts :

No. But you can complain to the Information Commissioner www.ico.gov.uk

Customer:

how will that get them to send me a copy?

Alex Watts :

Because the ICO can order them to, they have a legal obligation

Customer:

ok, so if they have been ordered by ICO to send me a copy but they still don't what happens then? can they be fined or suffer any future penalties?

Alex Watts :

Yes the ICO can prosecute.

Alex Watts :

Can I clarify anything else for you?

Customer:

yes, how long does ICO usually give before they prosecute?

Customer:

on average?

Alex Watts :

I really can't say. They would warn first.

Alex Watts :

But one step at a time

Customer:

ok, I will see what further steps I can take with ICO

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

in any case the only possible solution would be to get the other party to then rescind the original contract, correct?

Customer:

if they obliged of course

Alex Watts :

Yes

Alex Watts :

You cant force them to

Customer:

ok, so unless they agree then you're saying I really can't do anything other than get ICO to force them to send me a copy of the original contract

Alex Watts :

Sadly yes

Customer:

options quite limited

Alex Watts :

Yes. Otherwise it would defeat the whole point of a contract

Customer:

of course, but sometimes we sign things we later on regret

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have to be honest

Alex Watts :

Of course.

Customer:

ok, thanks for your help, I will follow the necessary procedure to see what further steps I can take with ICO then

Alex Watts :

Yes.

Alex Watts :

Can I clarify anything else for you?

Customer:

if there is nothing else I can do in this situation then I guess not

Customer:

thanks anyway for advice

Alex Watts :

If I could ask you then to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

sure

Alex Watts :

Thanks

Ash and 3 other Law Specialists are ready to help you