Model Release form?

Discussion in 'Photographic Discussions' started by RMThompson, Apr 27, 2007.

  1. RMThompson

    RMThompson the TPF moderators rock my world!

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    Hey all... This is the model release form I am using for models who do TFCD or pay me a fee to take pictures for their portfolio/personal use. Anyone see any problem with it?

    I think it's fair, it gives them permission to print the photos for their use, and at the same time, gives me full rights to edit the pictures and makes no claim as the finish product (I was told to add that against model-zillas who never claim anything is good enough).

    Anyone an expert in this stuff?

    Model Release

    Date of Shoot: ________________________

    Photographer: _______________________________ Model: _____________________________________________

    For valuable consideration, Photographer and Model agree as follows:

    1. Photographer hereby grants Model the limited right to use and reproduce any and all photographs (the “Photos”) taken on the above shoot date for non-commercial purposes as set forth below. Model hereby grants Photographer the right to use Model’s name, image and likeness in connection with the Photos as set forth below and hereby releases and discharges Photographer from any and all liability for any claims associated therewith. Model understands that the photographer makes no claims as to the quality of the final product, and no guarantee of satisfaction is offered to the model is offered written or otherwise.

    2. All uses of the Photos by Model shall be for non-commercial purposes only. Non-commercial use is limited to self-promotional usage, such as on-line photo galleries and websites, print portfolios, and/or other non-commercial electronic or prints self-advertising or private, personal use and shall have the sole purpose of promoting Model’s career or personal use for non public display. The Photos may also be used Model for contests or competitions; provided Photographer shall be notified which Photos have been submitted for such purposes and shall be given appropriate credit for the Photos in such contest or competition including 50% of any monies earned through a contest.

    3. Photographer may use the Photos for any purpose; provided, in the event of any commercial usage Photographer agrees to split 30% (model) / 70% (photographer)(after expenses) any compensation received from such use of the Photos. Commercial usage includes any usage where Photographer is compensated by a third party for the right to use or reproduce the Photos. Model understands and agrees Photographer shall be entitled to select, in his own discretion, which of the Photos, if any, he wishes to use for any purpose.

    4. Model agrees that the copyright for all Photos shall remain the sole and exclusive property of Photographer. The Photos may not be modified, edited, retouched or otherwise altered without Photographer’s prior approval. Photographer’s copyright notice shall not be removed or altered in any way if present; provided said copyright notice may be cropped out in the event Model wishes to make prints (hard copies) from the Photos for his/her portfolio. Photographer agrees to send Model a disc (CD or DVD) with the Photos within a reasonable time after the shoot (usually within two to four (2-4) weeks).

    5. Photographer agrees not to use or allow use of the Photos in ways that would slander, embarrass or attack the character of Model. Model likewise agrees not to take any action that would slander, embarrass, or attack the character of Photographer. In the event of any dispute between the parties they agree to use reasonable good faith measures to resolve their differences and not act in a way which causes harm or ridicule to either party.

    6. Model hereby affirms that he/she is 18 years or older and has fully read and understands the above Release and Agreement. This Release and Agreement shall be binding upon the parties and their heirs, legal representatives and assigns.

    If not signed below in advance, by accepting the disc containing the Photos, Model agrees to the above.


     
  2. Alex_B

    Alex_B No longer a newbie, moving up!

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    what about a paragraph for underage models and the possibility of their parents signing on their behalf?

    i'm not an expert though.
     
  3. RMThompson

    RMThompson the TPF moderators rock my world!

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    Hmm good idea.
     
  4. darich

    darich TPF Noob!

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    I don't think using the above is such a good idea on a legal document. It seems too vague and open.

    "reasonable good faith" to me, might not be to you.

    If the model signs the form for uses that will not embarrass/attack the character etc, then how can there be a dispute

    If the model signs the form and you "embarrass the character" then you will be sued because you broke the terms of the model release form. Good faith won't come into it because the agreement has been broken.
    Once it's broken, it's unlikely either party will use reasonable good faith in the event of litigation.

    I'm not sure what this statement brings to the release.

    Sometimes I'm glad i don't shoot people!!:lol:
     
  5. RMThompson

    RMThompson the TPF moderators rock my world!

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    hmmm thanks for pointing that out, although I printed them about an hour ago. lol Ill reprint!
     
  6. darich

    darich TPF Noob!

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    It's probably the kind of document that will be live for as long as you use it.

    :thumbup:
     
  7. Alex_B

    Alex_B No longer a newbie, moving up!

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    hmm.. you can find many templates online which are sort of approved ....

    make sure you got the right one for your country ... legal systems vary a lot ...
     

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