Photographers sometimes take chances selling unreleased photos for commercial uses, figuring their subjects won't find out about it. But attorneys warn that the sale price of the image that gets you in trouble will almost never pay your attorney's fees, let alone penalties, for getting you out. And most stock agencies that represent photographers are refusing to accept unreleased photos. Model releases, depending upon what they say, provide photographers with varying degrees of protection. No matter how thorough a model release is, though, it can never completely protect a photographer from legal claims.
Models have the right to sue for perceived damages, even if they've signed a valid model release.
A good release simply reduces a model's chance of winning a claim, and so dissuades him or her from suing in the first place. Attorneys agree that those terms would probably protect a photographer from just about any claim. But some models wouldn't sign. And the release doesn't necessarily engender good will with those who do sign. Many photographers and agents use a two-pronged release strategy that helps them avoid costly disputes without such a daunting indemnification clause.