DISCLAIMER
This document is provided as a general template and informational guide. It is not intended as legal advice. Before using this document, consult with a legal professional to ensure it meets your specific needs and complies with relevant laws in your jurisdiction.
Documentation
This document is a Comprehensive Case Study Release Form designed to obtain consent from customers for the use of their testimonials, case studies, and related content. It is structured to comply with international and German legal standards, including GDPR (General Data Protection Regulation) and the German Civil Code (Bürgerliches Gesetzbuch, BGB).
The form is intended for use by companies that seek to leverage customer success stories in various marketing and promotional materials. It ensures that both the company and the customer clearly understand their rights and obligations, particularly concerning the use of personal data, intellectual property, and the potential revocation of consent.
How to Use This Document
- Customization: Each section of this form should be customized to reflect your company's specific needs and the particular details of the agreement with the customer. This includes filling in company and customer names, contact information, and selecting the appropriate types of content and usage rights.
- Legal Review: While this form is designed to meet general legal requirements, it is essential that you consult with a legal professional to ensure that it complies with the laws and regulations specific to your jurisdiction and industry.
- Implementation: Once the form is customized and legally reviewed, it should be presented to the customer for their review and signature. Ensure that the customer fully understands the terms before signing, particularly the sections on data protection, intellectual property, and revocation of consent.
- Disclaimer: This template is provided as a general guide and should not be considered legal advice. Legal requirements can vary significantly depending on the jurisdiction and specific circumstances of each case. Always seek professional legal counsel before using this form.
CASE STUDY AND TESTIMONIAL RELEASE FORM
This Agreement is entered into between:
- Company Name: The name of the company that is seeking consent.
- Customer Name: The name of the customer providing the case study or testimonial.
Company Name: [Your Company Name]
Address: [Company Address]
Contact Email: [Company Email Address]
Contact Phone: [Company Phone Number]
and
Customer Name: [Customer Name]
Position/Title: [Customer Position]
Company Name: [Customer Company Name]
Address: [Customer Company Address]
Email: [Customer Email Address]
Phone Number: [Customer Phone Number]
1. SCOPE OF CONSENT
This section specifies the types of content the customer is consenting to and how it can be used.
The customer must check all applicable boxes to give consent for each type of content and usage.
This ensures consent is specific and unambiguous, as required by GDPR.
By signing this form, I, on behalf of [Customer Company Name], confirm that I have the authority to grant the following rights and hereby grant [Your Company Name] the right to use the content provided by us (check all that apply):
- ☐ Written Case Studies
- ☐ Video Testimonials
- ☐ Audio Testimonials
- ☐ Images (Photographs, Logos, etc.)
- ☐ Online Testimonials (e.g., quotes on website)
- ☐ Participation in Interviews and Research
- ☐ Other: ____
This consent is freely given, specific, informed, and unambiguous, and applies to the following types of use (check all that apply):
- ☐ Company Website
- ☐ Social Media Channels
- ☐ Printed Marketing Materials
- ☐ Online Advertising
- ☐ Internal Presentations
- ☐ Trade Shows and Events
- ☐ Educational Materials
- ☐ Third-Party Publications
- ☐ Other: ____
2. CONTENT APPROVAL
This section outlines the process for obtaining the customer's approval of the final content before publication.
It includes a timeframe within which the customer must respond, after which approval is assumed if no response is received.
[Your Company Name] agrees to provide [Customer Name] with the final content for approval before public release. Approval can be given via email and must be provided within 14 days of receipt. If [Customer Name] does not respond within this timeframe, approval will be assumed. Any substantial modifications post-approval will require further consent.
3. DATA PROTECTION AND PRIVACY
This section refers to the company's Data Protection Policy, which must comply with GDPR and other relevant data protection laws.
It provides a link to the policy for detailed information, ensuring transparency in how personal data is handled.
In compliance with the GDPR and relevant data protection laws, [Your Company Name] will securely store and process all personal data provided by [Customer Name]. For more detailed information on how we handle personal data, including your rights to access, rectify, erase, or withdraw consent, please refer to our [Data Protection Policy](insert link here).
4. INTELLECTUAL PROPERTY AND USAGE RIGHTS
This section grants the company the rights to use the content provided while allowing the customer to retain ownership of the intellectual property.
It includes a warranty that the content does not infringe on third-party rights and that all necessary permissions have been obtained.
By signing this form, you grant [Your Company Name] a non-exclusive, worldwide, perpetual right to use the content in the formats and platforms specified above. This includes the right to sublicense to affiliates or partners, if applicable. You retain ownership of all intellectual property rights to the content, except where explicitly transferred to [Your Company Name]. You warrant that the content provided does not infringe on the rights of any third party and that all necessary permissions have been obtained.
5. REVOCATION OF CONSENT
This section allows the customer to revoke consent and outlines the process for doing so.
It includes a clause specifying that the customer is responsible for reimbursing the company for expenses incurred if consent is revoked after costs have been incurred.
You may revoke your consent at any time by sending a written notice to [Company Contact Email]. Upon receiving your revocation, [Your Company Name] will remove the content from all platforms within a reasonable timeframe, unless legal requirements dictate otherwise. Please note that revocation does not apply to content that has already been published or distributed to third parties.
Cost Responsibility: If consent is revoked after [Your Company Name] has incurred expenses related to the creation, production, or publication of the case study (including but not limited to costs for writing, video production, design, and distribution), [Customer Company Name] agrees to reimburse [Your Company Name] for all reasonable costs incurred. The reimbursement amount will be determined based on actual expenses incurred up to the point of revocation.
6. COMPENSATION
This section clarifies that no compensation will be provided unless agreed upon in writing.
It also notes that any modifications to the compensation terms must be documented in writing.
You acknowledge that no compensation or payment will be provided by [Your Company Name] for the use of the content unless explicitly agreed upon in writing. Any modifications to the compensation terms must be agreed upon in writing by both parties.
7. LEGAL JURISDICTION
This section specifies the governing law and jurisdiction for any disputes arising from the agreement.
It also encourages mediation or arbitration as a first step in dispute resolution.
This agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts in [Your Company’s Location]. Before initiating legal proceedings, both parties agree to attempt to resolve any disputes through mediation or arbitration.
8. ENTIRE AGREEMENT
This section asserts that this document constitutes the entire agreement and supersedes any prior agreements.
It requires that any amendments to the agreement must be made in writing and signed by both parties.
This document constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior agreements, understandings, and communications, whether written or oral. Any amendments to this agreement must be in writing and signed by both parties.
9. SIGNATURES
This section captures the signatures of both parties, indicating their agreement to the terms.
It allows for electronic signatures, provided they comply with applicable laws.
By signing below, you acknowledge that you have read and understood this agreement and agree to the terms set forth herein. Electronic signatures are acceptable, provided they comply with the eIDAS Regulation or equivalent laws in other jurisdictions.
Customer
Name: ___
Signature: ____
Date: ___
[Your Company Name]
Name: ___
Signature: ____
Date: ___
Comprehensive Case Study Release Form
Case Study and Testimonial Release Form
This Agreement is entered into between:
Company Name: [Your Company Name]
Address: [Company Address]
Contact Email: [Company Email Address]
Contact Phone: [Company Phone Number]
and
Customer Name: [Customer Name]
Position/Title: [Customer Position]
Company Name: [Customer Company Name]
Address: [Customer Company Address]
Email: [Customer Email Address]
Phone Number: [Customer Phone Number]
1. Scope of Consent
By signing this form, I, on behalf of [Customer Company Name], confirm that I have the authority to grant the following rights and hereby grant [Your Company Name] the right to use the content provided by us (check all that apply):
- ☐ Written Case Studies
- ☐ Video Testimonials
- ☐ Audio Testimonials
- ☐ Images (Photographs, Logos, etc.)
- ☐ Online Testimonials (e.g., quotes on website)
- ☐ Participation in Interviews and Research
- ☐ Other: ____
This consent is freely given, specific, informed, and unambiguous, and applies to the following types of use (check all that apply):
- ☐ Company Website
- ☐ Social Media Channels
- ☐ Printed Marketing Materials
- ☐ Online Advertising
- ☐ Internal Presentations
- ☐ Trade Shows and Events
- ☐ Educational Materials
- ☐ Third-Party Publications
- ☐ Other: ____
2. Content Approval
[Your Company Name] agrees to provide [Customer Name] with the final content for approval before public release. Approval can be given via email and must be provided within 14 days of receipt. If [Customer Name] does not respond within this timeframe, approval will be assumed. Any substantial modifications post-approval will require further consent.
3. Data Protection and Privacy
In compliance with the GDPR and relevant data protection laws, [Your Company Name] will securely store and process all personal data provided by [Customer Name]. For more detailed information on how we handle personal data, including your rights to access, rectify, erase, or withdraw consent, please refer to our [Data Protection Policy](insert link here).
4. Intellectual Property and Usage Rights
By signing this form, you grant [Your Company Name] a non-exclusive, worldwide, perpetual right to use the content in the formats and platforms specified above. This includes the right to sublicense to affiliates or partners, if applicable. You retain ownership of all intellectual property rights to the content, except where explicitly transferred to [Your Company Name]. You warrant that the content provided does not infringe on the rights of any third party and that all necessary permissions have been obtained.
5. Revocation of Consent
You may revoke your consent at any time by sending a written notice to [Company Contact Email]. Upon receiving your revocation, [Your Company Name] will remove the content from all platforms within a reasonable timeframe, unless legal requirements dictate otherwise. Please note that revocation does not apply to content that has already been published or distributed to third parties.
Cost Responsibility: If consent is revoked after [Your Company Name] has incurred expenses related to the creation, production, or publication of the case study (including but not limited to costs for writing, video production, design, and distribution), [Customer Company Name] agrees to reimburse [Your Company Name] for all reasonable costs incurred. The reimbursement amount will be determined based on actual expenses incurred up to the point of revocation.
6. Compensation
You acknowledge that no compensation or payment will be provided by [Your Company Name] for the use of the content unless explicitly agreed upon in writing. Any modifications to the compensation terms must be agreed upon in writing by both parties.
7. Legal Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts in [Your Company’s Location]. Before initiating legal proceedings, both parties agree to attempt to resolve any disputes through mediation or arbitration.
8. Entire Agreement
This document constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior agreements, understandings, and communications, whether written or oral. Any amendments to this agreement must be in writing and signed by both parties.
9. Signatures
By signing below, you acknowledge that you have read and understood this agreement and agree to the terms set forth herein. Electronic signatures are acceptable, provided they comply with the eIDAS Regulation or equivalent laws in other jurisdictions.
Customer
Name: ___
Signature: ____
Date: ___
[Your Company Name]
Name: ___
Signature: ____
Date: ___
