Do you contract for portraits?

[idcrewdawg]

I'm starting to get questions about doing portraits for people. I am wanting to help protect my own interests so I thought it might be a good idea to have a contract people sign before I shoot.

What kind of contracts have you used that keep people from snapping photo's during the shoot, and allow you to use their image in your portfolio and on your website?

Any help is much appreciated!

Randall

[WooD]

It's called a model release.

As far as others taking pictures during your shoot, not much you can do about that.

[idcrewdawg]

Yea I have a model release. What I was thinking was more along the lines of what I expect from them, and they from me. I didn't know if there was something else besides a model release.

[OsmosisStudios]

My contracts have a section that I can fill out explaining the shoot, what the model gets, what I get, and what rights are attributed to whom. This includes money and copyright attribution.

[idcrewdawg]

Did you have it drawn up for you, or did you write it?

[SusanH1970]

Originally Posted by WooD

It's called a model release.

As far as others taking pictures during your shoot, not much you can do about that.

Not necessarily true...I've seen loads of photographers' websites that plainly state in their T&C's that they respectfully ask that clients please keep their own cameras at home, as it's distracting to them as they work (and I know one photographer who does put this in her contract/model release as well).

[OsmosisStudios]

Originally Posted by idcrewdawg

Did you have it drawn up for you, or did you write it?

There's a website that works for Canadian law, though I'd expect it to work for the US. Just have to change a few words around.

Its a generic model release and arrangement contract.

[kencaleno]

Here's a general contract that I use-Just substitute your name for mine and alter prices to suit- Ken

General Photography Contract

Event Date: __/__/____ Time Photography Starts: __:__ Time Photography Ends: __:__

Event Location: __________________________________________________ __________________
Clients Name: _____________________________________ Phone: __________________________
Email: __________________________________________________ __________________________
Address: __________________________________________________ ________________________
Method of Payment: __________________________________________________ _______________

Photographer: Kenneth William Caleno, Phone/fax: Masterton ---------------------------------------- e-mail: ------------------------------
Photography Fee agreed to: $ ________. A non-refundable deposit of _$_________is due at the signing of this agreement, (will be applied to the agreed upon fee) the remaining balance of $___-.__ to be paid upon delivery of finished product.
Services and goods extra to the fee stated above:
___ 4 x 6 Print =$10
___ 5 x 7 Print = $15
___ 8 x 10 Print = $45
___ 11 x 14 Print = $85
___ 16 x 20 Print = $125

Digital services include:
1) _Low Resolution Compact Disc for prints 4x6.……… $75.00
2) _High-Resolution compact disc for prints up to 16x20.…$200.00
3) __________________________________________________ _______________________________
4) __________________________________________________ _______________________________
5) __________________________________________________ _______________________________
6) __________________________________________________ _______________________________

Entire Agreement: This agreement contains the entire understanding between Kenneth William Caleno and the CLIENT in regards to event coverage. It supersedes all prior and simultaneous agreements between the parties. The only way to change this agreement is to do so in writing, signed by all parties.
Reservation: A signed agreement and retainer of $ _________ are required to reserve the coverage. The retainer is non-refundable.
Pre-Event Consultation: Parties are entitled to a pre-event consultation in advance of the event at no extra charge for a period of one hour. At such time a written request will be provided to the photographer of parties requests for the event. Consultations that run over the one hour mark will be charged an additional $25.00 per hour.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment.
Shooting Time/Additions: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and Kenneth William Caleno photography agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time and date.
Copyrights: The photographs produced by Kenneth William Caleno are protected by New Zealand Copyright Law (all rights reserved) and may not be reproduced in any manner without prior written permission. If purchased, digital images are the property of the CLIENT for personal use only.
Exhibition, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium: to alter the same without restriction: and to copyright the same. The CLIENT herby releases Kenneth William Caleno and his legal representatives and assigns from all claims and liability to said photographs.
Model Release: CLIENT grants Kenneth William Caleno and his legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium: to alter the same without restriction: and to copyright the same. The CLIENT herby releases Kenneth William Caleno and his legal representatives and assigns from all claims and liability relating to said photographs.
Limit of Liability: In the unlikely event the photographer is injured, becomes too ill to photograph the event, or cannot perform this agreement due to fire, casualty, nature, terror, or other cause beyond the control of the parties, Kenneth William Caleno will make every effort to secure a replacement of location and/or time. If the situation should occur that a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Kenneth William Caleno takes the utmost care with respect to exposure, transportation, and processed photographs. However, in the unlikely event that the photographs have been lost, stolen, or destroyed for reasons within or beyond Kenneth William Caleno ’s control, Kenneth William Caleno ’s liability is limited to the return of payments received for the event package. The limit of liability for a partial loss of the originals shall be a prorated amount of the images lost based on the percentage of total number if originals.
Cancellation: In the event of a cancellation the security deposit of $__________ paid is non-refundable.
Rescheduling: If your event changes from the one stated in this agreement you may reschedule to any other available date. In the event Kenneth William Caleno is not available the cancellation policy will be enacted. A new agreement must be signed with the new dates.
Breach: In the event of non-payment of amount due on __/__/___ this agreement will be considered cancelled and subject to the cancellation policy above. At the sole discretion of Kenneth William Caleno the agreement may be reinstated by paying the entire balance of the photography fee agreed to.

I have read and understood the terms above. I hereby agree to the terms of this agreement.

Signed: __________________________________________ Date: _________________________
Print Name: __________________________________________________ ____
Signed: __________________________________________ Date: _________________________
Print Name: __________________________________________________ ____
Signed: __________________________________________ Date: ___________

Kenneth William Caleno

[idcrewdawg]

Originally Posted by OsmosisStudios

There's a website that works for Canadian law, though I'd expect it to work for the US. Just have to change a few words around.

Its a generic model release and arrangement contract.

Do you have the link?

@ Ken - Thanks for the text. It should work for my purposes.

[OsmosisStudios]

Originally Posted by idcrewdawg

Do you have the link?

I dont: i found it on StumbleUpon.

PM me with an e-mail address: I'll forward my current Model release.