Photographer
markEdwardPhoto
Posts: 1398
Trumbull, Connecticut, US
Photogs,
Just trying to help you out. Be a Pro and Protect yourself from Liability.
Do you have liability insurance? Are you LLC'd?
Just remember if a Model get hurt on a shoot such as a scare for a Strobe hitting her in the face. She falls and break a leg. If she can prove that you ruined her Career in a Lawsuit then you lose everything.
If you LLC then you take the personal liability away from yourself and put it into a legitimate company. Sure it cost $250 but it is well worth every penny.
Get some Liability insurance. If someone gets hurt or you break something then you can financial support for the lawsuits or for replacement costs. Some locations will not even let you shoot unless you prove you have Insurance.
Part of being a professional is being prepared with a good business sence.
Good luck.
M
Model
Dances with Wolves
Posts: 25108
SHAWNEE ON DELAWARE, Pennsylvania, US
interesting timing with this thread.
and that's all i'll say since i just got out of prison.
Photographer
Sophistocles
Posts: 21320
Seattle, Washington, US
Interesting advice. Where is your law degree from?
Photographer
markEdwardPhoto
Posts: 1398
Trumbull, Connecticut, US
Christopher Ambler wrote:
Interesting advice. Where is your law degree from? My Lawyer: Mark R. Carta of Rucci Burnham Carta & Edelberg LLP in Darien CT.
Do you have one? Most Pros do.
M
Photographer
David Pankhurst Photo
Posts: 893
Ottawa, Ontario, Canada
markEdwardPhoto wrote:
Photogs,
Just trying to help you out. Be a Pro and Protect yourself from Liability.
Do you have liability insurance? Are you LLC'd?
Just remember if a Model get hurt on a shoot such as a scare for a Strobe hitting her in the face. She falls and break a leg. If she can prove that you ruined her Career in a Lawsuit then you lose everything.
If you LLC then you take the personal liability away from yourself and put it into a legitimate company. Sure it cost $250 but it is well worth every penny.
Get some Liability insurance. If someone gets hurt or you break something then you can financial support for the lawsuits or for replacement costs. Some locations will not even let you shoot unless you prove you have Insurance.
Part of being a professional is being prepared with a good business sence.
Good luck.
M Excellent advice...I guess I just assumed that everyone here who calls themselves a "professional Photographer" had fire/theft/damage/loss replacement insurance on all their equipment, and liability insurance against accident to anyone else while part of a shoot..not just models but parents, escorts, assistants, MUA etc.
Guess I was wrong 
Photographer
SLE Photography
Posts: 68937
Orlando, Florida, US
David Pankhurst Photo wrote:
Excellent advice...I guess I just assumed that everyone here who calls themselves a "professional Photographer" had fire/theft/damage/loss replacement insurance on all their equipment, and liability insurance against accident to anyone else while part of a shoot..not just models but parents, escorts, assistants, MUA etc.
Guess I was wrong Good luck getting insurance on escorts. Liability & insurance reasons are why some of the pros here won't allow them.
Photographer
David Pankhurst Photo
Posts: 893
Ottawa, Ontario, Canada
SLE Photography wrote:
Good luck getting insurance on escorts. Liability & insurance reasons are why some of the pros here won't allow them. One doesn't get insurance on escorts..but on one's studio premises or wherever one works on location..it covers everyone...un-named by function
Photographer
David Gabel Photography
Posts: 454
Skippack, Pennsylvania, US
So what if the model trips over her/his own two feet and breaks my camera thereby ruining my capabilities? Why is it on the photog to lose out in every situation? What if the MUA uses something that's detrimental to the model? Sue the MUA, not me, right? Everyone should have insurance in that case. I can see it now. Everyone lays out his or her paperwork and we all sign waivers for the first 10 minutes! Why where we here again? Oh yeah, pictures!?!
By no means am I belittling the need for insurance, but it's not all the photogs. fault. Isn't that at least a valid statement? But I guess it comes down to what can be proved in court. Oh boy...
Photographer
RBDesign
Posts: 2728
North East, Maryland, US
Photographer
Kelly Sedivec-Ealy
Posts: 2704
Iowa City, Iowa, US
I put an not liable for any injuries or accidents while shooting accident clause in my model release....
Photographer
SKPhoto
Posts: 25784
Newark, California, US
David Gabel Photography wrote:
So what if the model trips over her/his own two feet and breaks my camera thereby ruining my capabilities? Why is it on the photog to lose out in every situation? What if the MUA uses something that's detrimental to the model? Sue the MUA, not me, right? Everyone should have insurance in that case. I can see it now. Everyone lays out his or her paperwork and we all sign waivers for the first 10 minutes! Why where we here again? Oh yeah, pictures!?!
By no means am I belittling the need for insurance, but it's not all the photogs. fault. Isn't that at least a valid statement? But I guess it comes down to what can be proved in court. Oh boy... The photographer is the "prime cause" the shoot happened at all. Unless he's being an employee.
It's a good reason why the photographers rules are sacrosanct. Whoever has the most liability is the one whos rules are followed, period, or no shoot happens.
Photographer
Thomasio
Posts: 175
Milwaukee, Wisconsin, US
>> I put an not liable for any injuries or accidents while shooting accident clause in my model release....
They can still sue you, and without insurance you will still need to pay the attorney to defend you with your own money. Oftentimes insurance companies will pay to defend you if you are insured.
Also, any contract can come under attack in court... is yours rock solid? Without an attorney evaluating it, it may not be.
T.
Photographer
SKPhoto
Posts: 25784
Newark, California, US
Photored wrote:
I put an not liable for any injuries or accidents while shooting accident clause in my model release.... Depending on the state your in, you may not be able to sign away your "right" to be reasonably safe. Someone could sign one, and depending on the state if they get hurt can still sue you and win.
Photographer
The Don Mon
Posts: 3315
Ocala, Florida, US
what if its tfp.......theres a real wiffle bat for yea
Photographer
American Glamour
Posts: 38813
Detroit, Michigan, US
Photored wrote:
I put an not liable for any injuries or accidents while shooting accident clause in my model release.... That is fine, does your model sign the release before the shoot begins?
The problem with those clauses is they don't protect you from things where your own gross negligence may be the cause. As an example, if you knowingly place a light close to a step and then knock it over yourself, all the releases in the world may not protect you.
The best answer is to get good liability insurance and then consult an attorney to help you draft your contracts. There is no such thing as absolute protection but a smart businessman tries to cover his bases.
Photographer
markEdwardPhoto
Posts: 1398
Trumbull, Connecticut, US
The Don Mon wrote:
what if its tfp.......theres a real wiffle bat for yea Compensation is still being given in the form of images. This is a contract, whether in writing or verbal.
M
Photographer
Mark Brummitt
Posts: 40527
Clarkston, Michigan, US
markEdwardPhoto wrote:
Photogs,
Just trying to help you out. Be a Pro and Protect yourself from Liability.
Do you have liability insurance? Are you LLC'd?
Just remember if a Model get hurt on a shoot such as a scare for a Strobe hitting her in the face. She falls and break a leg. If she can prove that you ruined her Career in a Lawsuit then you lose everything.
If you LLC then you take the personal liability away from yourself and put it into a legitimate company. Sure it cost $250 but it is well worth every penny.
Get some Liability insurance. If someone gets hurt or you break something then you can financial support for the lawsuits or for replacement costs. Some locations will not even let you shoot unless you prove you have Insurance.
Part of being a professional is being prepared with a good business sence.
Good luck.
M In Michigan it is a one page form costing $50.00 but it is not a guarantee of protection. Realistically you should have an umbrella policy.
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