Forums > General Industry > How is this for a contract agreement?

Model

Urheartdesires

Posts: 2853

URHEARTSDESIRE2

CONTRACT OF AGREEMENT
[Date]
[Name of Photographer]
[Address]
Dear Sir:

In connection with my engagement as a model, and for other good and valuable consideration, I hereby irrevocably agree to the following with _______________ ("Photographer"):


I will take _____________________________________images
                Glamour, fashion, artistic nude, casual, fetish, etc…
                   

The photographer agrees to return me _________________________________
                         Prints, Edited images, CD

For today’s work within_____________________________________________
                Specify length of time



Signature of Model________________________Date__________________




Signature of photographer__________________Date__________________



Thank you for working with me!

Forest Hills, Pa.  15221 Phone: 412.583.

Oct 22 06 09:51 pm Link

Model

Dances with Wolves

Posts: 25108

SHAWNEE ON DELAWARE, Pennsylvania, US

I know of few models that supply their own "contract" or release.

if that's what you're looking for. then ask the photographer to include it in the release. I find it's helpful to work from their's.

-D

Oct 23 06 01:00 pm Link

Photographer

Dave Blecman

Posts: 1080

Annapolis, Maryland, US

First of all, if you want to draw up a legal document, you better be a hell of a lot more specific and get your terminology right.

You are not "take" ing the images, you are modeling, so change that.

What if the photographer returns to you 4 images. Will that satisfy you? You better have a number range, a size range, and the resolution. Would you be happy if I retured to you 5 images that were 1" x 1" in 72 DPI?

By the way, what can you do with the images he returned to you? Anything? Nothing?

You need to be WAY more specific.

Here's what I use for my models. A release that works both ways and is fair to all. It gives the model usage rights, and protects her from being subjected to maliciously caused or conspicuous ridicule:

I, _________________________________, in exchange for my images taken of me, provided on compact disc, within two weeks, in a size that is a minimum of 8x10 in 300 DPI, hereby grant to David M. Blecman (herein referred to as Photographer), his legal representatives, successors, and all persons or corporations acting with his permission, unrestricted permission to copyright and/or use, re-use, publish and/or re-publish photographic portraits, pictures, and/or images of me, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, made through any media in his studio or elsewhere for art, illustration, promotion, sale, trade, advertising, or any other lawful purpose whatsoever.

The Photographer hereby provides for me, The Model, to use or re-use the same, in whole, individually, for the purposes of promoting myself and The Photographer, by means of a photographic portfolio and composite card, and to publish these photographs in any form of media, including the internet, and allows me, The Model, to use these for illustration, art, advertising, and trade, and to use my name in connection therewith if I so choose.

I hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with an image that Photographer has taken of me, or the use to which it may be applied. I further release Photographer, or others for whom he is acting, from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and indignity.

I acknowledge that the photography session was conducted in a completely proper and highly professional manner, and this release was willingly signed at its termination.  I certify that I am not a minor, and am free and able to give such consent.

Oct 23 06 01:13 pm Link

Photographer

Lund Photography

Posts: 890

Puyallup, Washington, US

urheartsdesire2 wrote:
URHEARTSDESIRE2

CONTRACT OF AGREEMENT
[Date]
[Name of Photographer]
[Address]
Dear Sir:

In connection with my engagement as a model, and for other good and valuable consideration, I hereby irrevocably agree to the following with _______________ ("Photographer"):


I will take _____________________________________images
                Glamour, fashion, artistic nude, casual, fetish, etc…
                   

The photographer agrees to return me _________________________________
                         Prints, Edited images, CD

For today’s work within_____________________________________________
                Specify length of time



Signature of Model________________________Date__________________




Signature of photographer__________________Date__________________



Thank you for working with me!

Forest Hills, Pa.  15221 Phone: 412.583.

I don't know anyone whom vaules their work, who'd sign this..

Oct 23 06 01:20 pm Link

Photographer

Frank McAdam

Posts: 2222

New York, New York, US

I'd never work with a model who asked me to sign that.

Oct 23 06 01:22 pm Link

Photographer

SPI Glamour

Posts: 81

Arnold, Nebraska, US

I would encourage you to make the additions you outline at the bottom of the photographers release, and then both you and the shooter can sign it and retain your own copies.  Then, there is an obligation on both of your parts, and you both are crystal clear as to what exactly is expected from the shoot.  I've done it, Roberta's done it with other photographers, and it's never been a problem.

Oct 23 06 01:40 pm Link

Model

Urheartdesires

Posts: 2853

Thanks for responding, but this is just a sample I rough drafted out, and I wanted to know what you all thought of it  I can make changes just wanted to know if I am on the right track as far as the contract agreement.  Your right be more specific, but when I wrote it the first time a photographer stated how will someone know how many images will be taken, and etc...So that's why this one is posted.   I basically wanted to create my own for photographer to sign due to the fact I got ripped off of my fashion shots, and business attire images in the past.  Any input is appreciated.  Thanks

Quianna

Oct 23 06 01:53 pm Link

Model

Urheartdesires

Posts: 2853

Positive Negatives wrote:
First of all, if you want to draw up a legal document, you better be a hell of a lot more specific and get your terminology right.

You are not "take" ing the images, you are modeling, so change that.

What if the photographer returns to you 4 images. Will that satisfy you? You better have a number range, a size range, and the resolution. Would you be happy if I retured to you 5 images that were 1" x 1" in 72 DPI?

By the way, what can you do with the images he returned to you? Anything? Nothing?

You need to be WAY more specific.

Here's what I use for my models. A release that works both ways and is fair to all. It gives the model usage rights, and protects her from being subjected to maliciously caused or conspicuous ridicule:

I, _________________________________, in exchange for my images taken of me, provided on compact disc, within two weeks, in a size that is a minimum of 8x10 in 300 DPI, hereby grant to David M. Blecman (herein referred to as Photographer), his legal representatives, successors, and all persons or corporations acting with his permission, unrestricted permission to copyright and/or use, re-use, publish and/or re-publish photographic portraits, pictures, and/or images of me, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, made through any media in his studio or elsewhere for art, illustration, promotion, sale, trade, advertising, or any other lawful purpose whatsoever.

The Photographer hereby provides for me, The Model, to use or re-use the same, in whole, individually, for the purposes of promoting myself and The Photographer, by means of a photographic portfolio and composite card, and to publish these photographs in any form of media, including the internet, and allows me, The Model, to use these for illustration, art, advertising, and trade, and to use my name in connection therewith if I so choose.

I hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with an image that Photographer has taken of me, or the use to which it may be applied. I further release Photographer, or others for whom he is acting, from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and indignity.

I acknowledge that the photography session was conducted in a completely proper and highly professional manner, and this release was willingly signed at its termination.  I certify that I am not a minor, and am free and able to give such consent.

Your absolutely right I should be more specific, and I appreciate your honest advice.  I know photographers provide, but wanted to create my own, and just have a friend of mine who is in legal business look over.  I can't expect for people to do everything.  I'm trying to help, and better myself.  Thanks for giving me an outline of contract it helps...But each time someone say I need to add something another photographer states to take it out.  Like how many images I will recieve. I thought that would help to write but they don't think anyone would know how many images will be taken, so I removed from my sample contract agreement.  Thank you for the advice!

Quianna

Oct 23 06 02:01 pm Link

Model

Dances with Wolves

Posts: 25108

SHAWNEE ON DELAWARE, Pennsylvania, US

urheartsdesire2 wrote:
Thanks for responding, but this is just a sample I rough drafted out, and I wanted to know what you all thought of it  I can make changes just wanted to know if I am on the right track as far as the contract agreement.  Your right be more specific, but when I wrote it the first time a photographer stated how will someone know how many images will be taken, and etc...So that's why this one is posted.   I basically wanted to create my own for photographer to sign due to the fact I got ripped off of my fashion shots, and business attire images in the past.  Any input is appreciated.  Thanks

Quianna

I still think you're better off with getting the photographer's release in advance, reading it, and negotiating from there.

-D

Oct 23 06 02:03 pm Link

Model

Urheartdesires

Posts: 2853

Daniela V wrote:

I still think you're better off with getting the photographer's release in advance, reading it, and negotiating from there.

-D

Your probably right Daniela.  Thanks!

Some tell me a contract agreement should not be provided unless you plan on using the images commercially, and or marketing them.  In case they don't provide I would have.  I would like to be professional about it regardless if they feel it's not needed.  I don't want to see my images floating around although I have not done full nude, but still the facts remain.  I just want release as a backup.  Thanks

Quianna

Oct 23 06 02:10 pm Link

Photographer

Kentsoul

Posts: 9739

Pittsburgh, Pennsylvania, US

urheartsdesire2 wrote:
URHEARTSDESIRE2

CONTRACT OF AGREEMENT
[Date]
[Name of Photographer]
[Address]
Dear Sir:

In connection with my engagement as a model, and for other good and valuable consideration, I hereby irrevocably agree to the following with _______________ ("Photographer"):


I will take _____________________________________images
                Glamour, fashion, artistic nude, casual, fetish, etc…
                   

The photographer agrees to return me _________________________________
                         Prints, Edited images, CD

For today’s work within_____________________________________________
                Specify length of time



Signature of Model________________________Date__________________




Signature of photographer__________________Date__________________



Thank you for working with me!

Forest Hills, Pa.  15221 Phone: 412.583.

This looks like more of a commission than an agreement.  The only way I'd consider signing such a document is if you were paying me for something specific.  If it's TFP, then either you trust me or you find someone you do trust.

Oct 23 06 02:10 pm Link

Model

Urheartdesires

Posts: 2853

Melvin Moten Jr wrote:

This looks like more of a commission than an agreement.  The only way I'd consider signing such a document is if you were paying me for something specific.  If it's TFP, then either you trust me or you find someone you do trust.

Even when doing a TFP, and all you have is photographers verbal agreement it does not guarantee you will get images.  I could trust you, but without signed documents what do you have?  Regardless of a TFP, and or a paid shoot something should still be signed.  If you disagree then your right maybe the model shouldn't shoot, and go elsewhere with someone who will sign, and or provide a release.

Oct 23 06 02:15 pm Link

Photographer

SPI Glamour

Posts: 81

Arnold, Nebraska, US

You are right, for cash or TFP/CD, a release needs to be signed, for the protection of all parties involved.  The photographer is getting something of value, the services of the model, and the model is going to get prints, CD's, or whatever.  Doesn't hurt to have that all spelled out.

Oct 23 06 02:22 pm Link

Photographer

vanscottie

Posts: 1190

Winnetka, California, US

For starters, and I swear I'm not trying to be rude, I have no idea why "length of time" is in there..it has no meaning

secondly, in my release the word TFP is not used, basically its kind of a non word. A release should state simply what your compensation was in one part of the agreement, money, a bottle of wine, nothing...and in another part of the agreement what the photog and you have agreed as far as a kind of "receipt of images" My agreement states I am under no time constraint to deliver images,and that you receive only only "web sized" versions and watermaked with my logo among other things...at this point iin the game, those are non-negotiable, and I do a lot of free shoots

Oct 25 06 02:19 am Link

Photographer

vanscottie

Posts: 1190

Winnetka, California, US

Again not trying to be rude but in one post you wrote you don't want your images "floating around" well thats kinda not your call. TFP or not the photographer owns the copywrite and can put them on t-shirts, coffemugs or sell them to North Korea to put on their missles if he wants to, its just a fact, a harsh one for a lot of models, and some photographers even, to grasp, but unless a signed shared copywrite form is filled out the photog owns all the rights, and again referencing my own model release it's stated in there that the model is aware of and agrees to this fact, so she can't say later "I didn't know, sorry I made 200 posters of that shot and sold them on my website"

Also, you write you have no recourse without a signed release about whether you will ever see images, well yes thats true but come on, are you seriously going to go to court if the photog dosn't get you pix from a "TFP" shoot? Would any court take the case?? Wouldn't you be shooting yourself in the foot around these websites if you were to take a photog to court, I doubt many photogs would want to work with you if by some chance that case came to court

When a photog flakes on pics, just suck it up, give him a lousy reference, and move on.

Oct 25 06 02:29 am Link

Photographer

SKPhoto

Posts: 25784

Newark, California, US

Expect "a lot" of photographers to say "oh, thanks but no thanks" and hang up.

Oct 25 06 10:29 pm Link

Photographer

Searcher

Posts: 775

New York, New York, US

SKPhoto wrote:
Expect "a lot" of photographers to say "oh, thanks but no thanks" and hang up.

*raises hand

Oct 25 06 10:34 pm Link

Photographer

Boho Hobo

Posts: 25351

Santa Barbara, California, US

Dear Sir?

Oct 25 06 10:39 pm Link

Photographer

Kentsoul

Posts: 9739

Pittsburgh, Pennsylvania, US

urheartsdesire2 wrote:
Even when doing a TFP, and all you have is photographers verbal agreement it does not guarantee you will get images.

If you only work with reputable photographers [and check references first] this is a non issue.

urheartsdesire2 wrote:
I could trust you, but without signed documents what do you have?  Regardless of a TFP, and or a paid shoot something should still be signed.

In all bluntness, the model release is to protect me from you...or your next boyfriend...or your mother.  What you seem to be looking for is a guarentee that you'll get images within a reasonable period of time, which is also a non-issue if you do your due dilligence in selecting photographers to work with.


urheartsdesire2 wrote:
If you disagree then your right maybe the model shouldn't shoot, and go elsewhere with someone who will sign, and or provide a release.

A model release is not a guarentee of anything.  It's merely a document stating that the model and photographer agree on the usage terms of images.  What you are looking for is a formal contract, and I really doubt you'll find any decent photographer willing to sign one for you...unless you're paying them.

Oct 26 06 06:34 am Link