Updated July 31, 2023
A consent form gives written permission to another party to perform an activity or host an event, indicating that the signatory understands the associated terms and cannot hold the other party liable for any injury or harm. Most often, a consent form is used for medical purposes to hold the hospital or surgeon harmless of any wrongdoing due to the risks involved with a procedure.
Additionally, a consent form may be used for photography, video, or any other act that may need permission from the issuer.
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By Type (22)
What is a Consent Form?
A consent form gives permission from one person (“consentee”) to another (“consenter”) to perform specific actions. After obtaining permission, the consenter will be free of liability outside of negligence.
Sample
CONSENT FORM
1. THE PARTIES. This consent form (“Form”) made on [DATE], by and between:
Consentee: [CONSENTEE’S NAME] with a mailing address of [MAILING ADDRESS] (“Consentee”) hereby consents and gives permission to:
Releasee: [RELEASEE’S NAME] with a mailing address of [MAILING ADDRESS] (“Releasee”) to perform the following acts mentioned herein:
2. PERMISSABLE ACTS. The Releasee has the unrestricted authority to perform the following acts: [DESCRIBE ACTIONS]
3. TERM. The aforementioned permissible acts shall be allowed to be performed by the Releasee until: (check one)
☐ – A Specific Date. Until the date of [DATE].
☐ – Until the Consentee Cancels. Until the Consentee revokes this Form.
☐ – Other. [DESCRIBE].
4. DISCLOSURE. The Consentee agrees to hold the Releasee harmless of all legal, financial, and any other liability that includes their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the permissable acts herein.
Consentee’s Signature: _______________________ Date: _____________
Print Name: _______________________
Primary Uses (4)
There are primarily two ways a consent form can be presented:
- To personally accept any risks or costs that may be present before committing to an activity. When agreeing to consent, it must be done so voluntarily with a competent mind.
- Accepting consent on behalf of another person, such as a minor. For example: For a child to participate in gym class, a parent/legal guardian is presented to sign a consent form for their child to participate.
Education
Parents/guardians of students are presented to execute their authority to either give or decline consent to a school overseeing their child. There are primarily three areas of consent a school seeks to obtain consent, which are:
- The school’s ability to discipline your child under the school’s disciplinary code and procedures.
- Allow the child to access the school’s internet network. (Protects the school if the child is exposed to inappropriate online content).
- Field trip permission. By a parent giving consent, their child can attend field trips via the school’s transportation.
Depending on the type of school and activities a child will be subject to, many types of consent can arise. Almost anything that bears physical or technical risk to a child while under a school’s supervision is deemed worthy of obtaining consent from a parent.
Entertainment
Consent forms are widely used in the entertainment and media industry. Models and actors are constantly signing consent forms, which give directors and photographers the legal ability to use their content. If you are being hired as a model or actor, be certain to have a contract in writing before signing a consent form.
An entertainment or media consent form may differ from others due to the lack of physical harm involved in the activity. The consent in this matter is related to the distribution of the content.
Business
In the world of business, especially companies that deal with offering services with the potential risk of injury, they need to offer consent forms to their customers before the service takes place. Businesses such as tattoo parlors and skydiving companies risk potential injury if an accident occurs. If you plan to start a business specializing in any services that pose even the slightest risk of injury, a consent form is essential. Without a consent form, you are leaving yourself and your company open to potential lawsuits if an accident occurs.
Medical
Before a physician can perform any type of medical procedure that involves a minimal amount of potential risk or harm to a patient, a physician/doctor must disclose all the potential scenarios, risks, side effects, and alternative treatments. It’s important that the patient fully understands all the disclosed information. A written medical consent form must be signed to proceed with a medical procedure. The patient’s acceptance of information disclosed by the physician is the process known as Informed Consent.
How to Give and Accept Consent
Step 1 – Define the Permission Needed
Obtaining consent is due to a service or agreement that needs approval by the subject which then permits the act to be carried out. Consent is not required in all situations, and the laws regarding consent can vary by state. For example, a person going to the doctor to have their blood pressure measured is a form of treatment but not in the sense that it needs special approval as the treatment does not pose any risk to the patient.
If you are offering a service and have doubts about whether or not you need consent from recipients of that service, it’s always best to contact a lawyer for advice. Once you have pinpointed the exact permissions you need when offering a service, it’s time to obtain the right consent form for your needs.
Step 2 – Obtain a Consent Form
A consent form should be specific and detail the permissions and services that are to be conducted. If you are a photographer needing consent from models, use the photo consent form or if you are a landlord needing a background check on a potential tenant, use the background check consent form. Consent should never be given or trusted verbally; always be certain you have written consent.
Step 3 – Sign and Acceptance
Any consent form must be signed to be valid. It’s the recipient’s responsibility to know the risks involved when giving consent. Before signing a consent form, ask questions if you need more detailed information. Appointed guardians caring for incompetent individuals or minors must sign to give consent on their behalf. Normally, parents can give consent on behalf of their children in most states.