Forums > General Industry > Don't sign that release!

Photographer

SLE Photography

Posts: 68937

Orlando, Florida, US

Marvin Dockery wrote:
Send the cd via registered mail. Registered mail has to be signed for. Keep the receipt from the post office. You now have your proof.

And as I said before, that only says you sent them a package.  If you have someone who wants to cause you problems, you have no proof as to what the CONTENTS were.

Mar 13 06 02:10 am Link

Photographer

Feverdreams

Posts: 5

San Francisco, California, US

Wow, so much talk about something so simple to fix.

1. Photographer has a Release, Model signs it, it's a contract, Photographer is happy, simple.

2. Photographer or Model could/should have a Contract to be signed by Photographer that states that Model will get Prints, CD, Money, whatever it is within X (30?)number of agreed upon days, it's a Contract, Model is protected and happy, simple.

3. Contracts win Court cases and as most of these would be Small Claims Court, it won't take but a minute to win your case if you have a signed contract.
TV Court Rule Number 1. "He who has the best paper work wins"

4. A "Verbal Agreement" or "Agreement in Writing" (i.e. eMail, letter, etc) can be classified as a Contract. Ask Microsoft (Bill Gates) about how you can get screwed by what you write in an eMail in Court.

5. Yes Models you COULD be sued for not showing up.
If you have a Verbal Agreement (harder to prove) to show up you have an obligation to show up or to cancel prior to the date (generally 24 hours notice).
Just like ANY job.

IF you have a eMail Agreement to show up, then you really have a Contract as you've stated in writing what you're going to do and when you're going to do it.
so you have an obligation to show up or to cancel prior to the date (again, generally 24 hours notice).

Why or what can you be sued for?
If you don't show up without said prior notice, you've wasted the Photographers time and Photographer can Sue for compensation for time value lost, Because, you made a Contract show up and do a job and you didn't, thus Breach of Contract.

On the Upside, the same can apply to the Photographer if he/she agreed to pay said Model with Prints, CDs or cash in the same manner as above (Verbal or eMail) as that is also a Contract. So if he/she does not deliver that's a Breach of Contract as well.

6. Most of this would be a HUGE waste of time for everyone in Small Claims Court, you the photographer, the Judge, not to mention the Court Fees ....bUT, if you have good paper work, you are likely to win your case Photographer and Model alike.

7. Wouldn't it just be easier to both have the Contract you need and play nice.

Now was that so hard .... my two cents.

Mar 13 06 03:08 am Link

Photographer

STUDIOMONA PHOTOGRAPHY

Posts: 33697

Avon, Minnesota, US

Feverdreams wrote:
Wow, so much talk about something so simple to fix.

...

Now was that so hard .... my two cents.

Well said!!!  smile

Mar 13 06 03:29 pm Link