Please review my boudoir contract

[mmaria]

So, I googled around and come up with this...

Would you be kind and point out possible faults or share your suggestions on the text bellow? What did I forgot to mention? Thanks!
Along with the contract, they'll sign a Model release form.

Ok....

BOUDOIR SESSION CONTRACT


AGREEMENT OVERVIEW: This agreement, consisting of three pages, contains the entire understanding between Marija S (the Photographer) and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.


COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. MS ( My initials here, but full name is in the contract) is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to MS.


IMAGES and COPYRIGHTS: The photographs produced by MS are protected by the Copyright Law (all rights reserved) in "my state" and "the state I'm shooting in" and may not be reproduced in any manner without MS’s explicitly written permission. The CLIENT may use images for their personal blogs, sites, and social networks provided credit is given to MS. The CLIENT may not redistribute the images in any manner.


SESSION FEE: This pays for a 2-hour session, the Photographer's time, editing of the images, meeting with the client, ordering and delivering prints when applicable. No appointment is scheduled until payment has been received. Pricing is defined on The Photographer’s standard price list in effect at the date of this contract.


PRIVACY STATEMENT: All information provided via any of the intake forms on this site will NOT be shared with any third parties. Images with any nudity or implied nudity will not be posted online or for advertisement without your permission as stated in our model release.


MODEL RELEASE: Boudoir Sessions have two options for model releases. Please read the descriptions and choose below:

- FULL RELEASE - The CLIENT & Subject hereby grant to MS 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; and to copyright the same. The CLIENT hereby releases MS from all claims and liability relating to said photographs. MS can grant use of the images to third parties and all compensation for use and credit for the images remain the property of MS.


- FACELESS RIGHTS RELEASE: The CLIENT & Subject authorizes MS to reproduce and display their images in marketing and promotional campaigns in both print capacity and on the world wide web, as long as the client is not recognizable in the images. Specifically, the clients face would not be showing and they would be unidentifiable to outside viewers.


ARTISTIC RIGHTS AND CREATIVE CONTROL: The Photographer retains creative control of the session. This control is including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps.

The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.

The Client acknowledges and understands that the Photographer cannot guarantee that any specific photo will be taken. The Photographer will make every effort to accommodate Client’s wishes and acknowledges that there is a reasonable expectation of professional quality consistent with the Photographers work.


LIMIT OF LIABILITY: In the unlikely event that the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

The Photographer cannot be held liable for factors over which they have no control which may affect the quality of the photographs, such as Client lateness. Photographer will NOT be liable for any damage that is without fault on the part of Photographer. Neither party shall be liable for indirect or consequential loss.


BODY ALTERATIONS: The Photographer retains the right to cancel the session and retain the retainer amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries, etc.

The photographer is not responsible for any makeup/hair errors or accidents that occur related to the makeup and hair (like allergies and such).


Only the Client and others being photographed are permitted to the session. Boudoir clients may bring a female friend to assist them.

Due to the fragile nature of photography equipment, I politely ask that you, the Client refrain from touching the equipment or playing on the set. Any damages incurred are the responsibility of the Client.

If the Client didn't arrive on time, any time lost will come out of the session length and may produce limited images.


Along with the signing of the contract the client will receive Preshoot consultation form in order to become more familiar with the details of the shoot.


As your photographer, I, MS agree to act in a manner that is courteous and respectful to each individual and agree to abide by all terms listen in this entire agreement.


Name: __________________________________________

Phone: __________________________________________

Email: __________________________________________

Postal Address: ___________________________________

Contract Read and Signed: ________________

 

[tirediron]

So, I googled around and come up with this...

Would you be kind and point out possible faults or share your suggestions on the text bellow? What did I forgot to mention? Thanks!
Along with the contract, they'll sign a Model release form.

Ok....

BOUDOIR SESSION CONTRACT


AGREEMENT OVERVIEW: This agreement, consisting of three pages, contains the entire understanding between Marija S (the Photographer) and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.


COOPERATION: The parties agree to cheerful cooperation - I don't think you can really mandate someone's mood in a contract and communication for the best possible result within the definition of this assignment. MS ( My initials here, but full name is in the contract) is not responsible if key individuals - who are "key individuals" fail to appear or cooperate during photography sessions or for missed images due to details not revealed to MS.


IMAGES and COPYRIGHTS: The photographs produced by MS are protected by the Copyright Law (all rights reserved) in "my state" and "the state I'm shooting in" and may not be reproduced in any manner without MS’s explicitly written permission. The CLIENT may use images for their personal blogs, sites, and social networks provided credit is given to MS. The CLIENT may not redistribute the images in any manner. Is the client allowed to print images ? I would explicitly state 'yes' or 'no'. Social media may be considered a form of redistrubtion..


SESSION FEE: This pays for a 2-hour session, the Photographer's time, editing of the images, meeting with the client, ordering and delivering prints when applicable. No appointment is scheduled until payment has been received. Pricing is defined on The Photographer’s standard price list - located where? What assurance does the client have that you won't change prices? in effect at the date of this contract.


PRIVACY STATEMENT: All information provided via any of the intake forms on this site will NOT be shared with any third parties. Images with any nudity or implied nudity will not be posted online or for advertisement without your permission as stated in our model release. Therefore you have permission to make commercial use of an image of a fully clothed client? Not sure I'd be happy with that.


MODEL RELEASE: Boudoir Sessions have two options for model releases. Please read the descriptions and choose below:

- FULL RELEASE - The CLIENT & Subject - you've not mentioned a 'subject' before. Who is that? Avoid introducing new terms as it will confuse things (usually to your detriment) hereby grant to MS 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; and to copyright the same. The CLIENT hereby releases MS from all claims and liability relating to said photographs. MS can grant use of the images to third parties and all compensation for use and credit for the images remain the property of MS.


- FACELESS RIGHTS RELEASE: The CLIENT & Subject authorizes MS to reproduce and display their images in marketing and promotional campaigns in both print capacity and on the world wide web, as long as the client is not recognizable in the images. Specifically, the clients face would not be showing and they would be unidentifiable to outside viewers.


ARTISTIC RIGHTS AND CREATIVE CONTROL: The Photographer retains creative control of the session. This control is including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps. You are essesntially assuming responsibility for any wardrobe "malfunctions". I would recommend rewording this.

The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control - suggest changing to "appropriate".

The Client acknowledges and understands that the Photographer cannot guarantee that any specific photo will be taken. The Photographer will make every effort to accommodate Client’s wishes and acknowledges that there is a reasonable expectation of professional quality consistent with the Photographers work.


LIMIT OF LIABILITY: In the unlikely event that the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God - is this still a vailid term in your country? It's been eliminated in many places. or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer - what retainer? You haven't mentiooned any retainer. to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited -to what? Normally a refund of money paid.

The Photographer cannot be held liable for factors over which they have no control which may affect the quality of the photographs, such as Client lateness. Photographer will NOT be liable for any damage that is without fault on the part of Photographer. Neither party shall be liable for indirect or consequential loss - if there's a consequential loss, it's normally someone's fault....


BODY ALTERATIONS: The Photographer retains the right to cancel the session and retain the retainer amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries, etc.- ???? Sorry, I don't get this. Why two weeks? I think you need to rework this whole clause.

The photographer is not responsible for any makeup/hair errors or accidents that occur related to the makeup and hair (like allergies and such).


Only the Client and others being photographed are permitted to the session. Boudoir clients may bring a female friend to assist them.

Due to the fragile nature of photography equipment, I politely ask that you, the Client refrain from touching the equipment or playing on the set. Any damages incurred are the responsibility of the Client. - lose this! It's insulting.

If the Client didn't arrive on time, any time lost will come out of the session length and may produce limited images.


Along with the signing of the contract the client will receive Preshoot consultation form in order to become more familiar with the details of the shoot.


As your photographer, I, MS agree to act in a manner that is courteous and respectful to each individual and agree to abide by all terms listen in this entire agreement.


Name: __________________________________________

Phone: __________________________________________

Email: __________________________________________

Postal Address: ___________________________________

Contract Read and Signed: ________________

I've made some suggestions above; red indicates the area of concern, italics my thoughts. I think this needs a lot more work Maria, BUT... I'm NOT at all familiar with European law, and I suspect that there may be some issues soley due to translation. Things I do differently: I include the specific session fee in the document so that there's no room for 'debate', I state specifically that hair, clothing and jewellery choices are the client's responsibility, and don't demand commercial use from retail clients.

Specifically, I think you need to address "Images and Copyrights" clause. It's contradictory (under British Common Law), and essentially allows the client to do nothing with their images. Your releases don't make a lot of sense to me either, and again, I'm sure there are significant legal differences between our countries, but IMO, assumed commerical use of retail work is a bit... well... greedy. Your 'Body Alterations' clause I assume is inteneded to deal with things like healing wounds, etc. I would amend that all to make it the client's responsibility; for instance you have a client whose recently had a masectomy and wants these images to show the 'new' her, that healing may be important to her and that clause makes it sound to me like she's going to show up and you're going to tell her to turn around and leave.

You've been here long enough to know the party line! Consult a lawyer, don't take the word of some weenie on the 'net!

 

[bribrius]

if anyone has a u.s. one along with a modeling contract they wanted to pm me i wouldnt be upset. Better to have one in case you need it than after the fact.

 

[weepete]

"Specifically, the clients face would not be showing and they would be unidentifiable to outside viewers."

I'd also loose the bold part as the issue of what makes people identifiable in images is a grey area. A tattoo, scar, birthmark unique body shape, moles etc could all make someone identifiable even though it may not show their face.

 

[waday]

Yeah, agree with @tirediron, get a lawyer to look it over.

I suspect that there may be some issues soley due to translation

This is an extremely good point. Things change with translations from language to language. You NEED to have the proper wording, else you could be setting yourself up...

Laws very from country to county and I'm not a lawyer... but that won't stop me from commenting.

The photographer is not responsible for any makeup/hair errors or accidents that occur related to the makeup and hair (like allergies and such).

Either you'll need them to provide you a list of their allergies, or you'll need to provide them with an ingredient list. Otherwise, how will either party know if they'll be any allergic reactions. Is "like allergies and such" in the contract? If so, that's extremely vague. Also, "errors/accidents" doesn't say "allergies" to me. It says, wrong hair color, hair falls out, makeup on clothing, etc. I would think "errors/accidents" are completely separate from medical issues such as allergies "and such".

MODEL RELEASE: Boudoir Sessions have two options for model releases. Please read the descriptions and choose below:

You have two options, both of which allow you to share images. Do you have an option to NOT share the images?

It supersedes all prior and simultaneous agreements between the parties.

I understand this, but would recommend a reword. Something to the effect that this is an addendum to any previous contracts/agreements, and that any sections of this contract that overlap other sections will supersede the previous contract and make those sections of previous contracts null/void, but any sections that are not superseded are kept in tact. That way, if you 'forget' something in this contract, or if the other contract is for something else entirely, you'll still have the old contract in place for the previous work to cover you. It makes sense in my head, but not sure if I stated it eloquently.

I'm sure I'd have other comments, but that's it for now.

 

[astroNikon]

Have a real lawyer to check this over for you.

It sounds like you want to control everything to build your portfolio.
IE, it sounds like you should be HIRING a model for how this contract reads.

Versus a release for doing shoots for Clients.

 

[bribrius]

i don't understand the "faceless rights release " part at all. It seems you would have full release and copyright automatically and it would be just re-iterated in the contracts. The faceless rights release appears to equivocate to giving up part of your copyrights and ownership of the image and allowing the client to have control of them. Suppose i thought image copyright and ownership was pretty much a "black and white" thing and this goes into some gray area.

but i know little so take it with a grain of salt.

 

[KmH]

+14.
Have a qualified attorney review your contract.
US model release law is state law, so there are 50 somewhat different versions.
The same applies to a lesser extent with contract law.
US copyright law is federal law, so there is just 1 version.

 

[vintagesnaps]

I just skimmed thru it not knowing what laws are like where you live, but it seems rather wordy to me. If I were a client I would not sign or agree to allowing the photographer to allow third party usage, or to unrestricted use (meaning to me that the photos could end up who knows where).

Where I live photographers usually seem to get releases for portfolio use, promotional purposes etc., and may bill for the time spent waiting for a late client, allowing for a reasonable amount of time due to being stuck in traffic, etc. Are there any professional photographers organizations where you live? I find it helps to find out what is standard practice.

I don't know how relevant this would be but you could take a look at sample contracts at American Society of Media Photographers or try looking at PPA Professional Photographers of America and see what they have. I got a book that I found out about from ASMP but I don't know if those sample forms would work where you live or not.

 

[pixmedic]

wheres the punch and pie clause?
i heard there would be punch and pie.

 

[tirediron]

wheres the punch and pie clause?
i heard there would be punch and pie.

The bacon clause is also missing!

 

[mmaria]

ok, there will never be the bacon clause in my contract!!!

but seriously...

Thank you so much for every suggestion!

I'll consult a lawyer but I wanted to ask here first, to clarify things as much as I can first.

So, I googled around and come up with this...

Would you be kind and point out possible faults or share your suggestions on the text bellow? What did I forgot to mention? Thanks!
Along with the contract, they'll sign a Model release form.

Ok....

BOUDOIR SESSION CONTRACT


AGREEMENT OVERVIEW: This agreement, consisting of three pages, contains the entire understanding between Marija S (the Photographer) and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.


COOPERATION: The parties agree to cheerful cooperation - I don't think you can really mandate someone's mood in a contract and communication for the best possible result within the definition of this assignment. MS ( My initials here, but full name is in the contract) is not responsible if key individuals - who are "key individuals" fail to appear or cooperate during photography sessions or for missed images due to details not revealed to MS.


IMAGES and COPYRIGHTS: The photographs produced by MS are protected by the Copyright Law (all rights reserved) in "my state" and "the state I'm shooting in" and may not be reproduced in any manner without MS’s explicitly written permission. The CLIENT may use images for their personal blogs, sites, and social networks provided credit is given to MS. The CLIENT may not redistribute the images in any manner. Is the client allowed to print images ? I would explicitly state 'yes' or 'no'. Social media may be considered a form of redistrubtion..


SESSION FEE: This pays for a 2-hour session, the Photographer's time, editing of the images, meeting with the client, ordering and delivering prints when applicable. No appointment is scheduled until payment has been received. Pricing is defined on The Photographer’s standard price list - located where? What assurance does the client have that you won't change prices? in effect at the date of this contract.


PRIVACY STATEMENT: All information provided via any of the intake forms on this site will NOT be shared with any third parties. Images with any nudity or implied nudity will not be posted online or for advertisement without your permission as stated in our model release. Therefore you have permission to make commercial use of an image of a fully clothed client? Not sure I'd be happy with that.


MODEL RELEASE: Boudoir Sessions have two options for model releases. Please read the descriptions and choose below:

- FULL RELEASE - The CLIENT & Subject - you've not mentioned a 'subject' before. Who is that? Avoid introducing new terms as it will confuse things (usually to your detriment) hereby grant to MS 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; and to copyright the same. The CLIENT hereby releases MS from all claims and liability relating to said photographs. MS can grant use of the images to third parties and all compensation for use and credit for the images remain the property of MS.


- FACELESS RIGHTS RELEASE: The CLIENT & Subject authorizes MS to reproduce and display their images in marketing and promotional campaigns in both print capacity and on the world wide web, as long as the client is not recognizable in the images. Specifically, the clients face would not be showing and they would be unidentifiable to outside viewers.


ARTISTIC RIGHTS AND CREATIVE CONTROL: The Photographer retains creative control of the session. This control is including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps. You are essesntially assuming responsibility for any wardrobe "malfunctions". I would recommend rewording this.

The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control - suggest changing to "appropriate".

The Client acknowledges and understands that the Photographer cannot guarantee that any specific photo will be taken. The Photographer will make every effort to accommodate Client’s wishes and acknowledges that there is a reasonable expectation of professional quality consistent with the Photographers work.


LIMIT OF LIABILITY: In the unlikely event that the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God - is this still a vailid term in your country? It's been eliminated in many places. or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer - what retainer? You haven't mentiooned any retainer. to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited -to what? Normally a refund of money paid.

The Photographer cannot be held liable for factors over which they have no control which may affect the quality of the photographs, such as Client lateness. Photographer will NOT be liable for any damage that is without fault on the part of Photographer. Neither party shall be liable for indirect or consequential loss - if there's a consequential loss, it's normally someone's fault....


BODY ALTERATIONS: The Photographer retains the right to cancel the session and retain the retainer amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries, etc.- ???? Sorry, I don't get this. Why two weeks? I think you need to rework this whole clause.

The photographer is not responsible for any makeup/hair errors or accidents that occur related to the makeup and hair (like allergies and such).


Only the Client and others being photographed are permitted to the session. Boudoir clients may bring a female friend to assist them.

Due to the fragile nature of photography equipment, I politely ask that you, the Client refrain from touching the equipment or playing on the set. Any damages incurred are the responsibility of the Client. - lose this! It's insulting.

If the Client didn't arrive on time, any time lost will come out of the session length and may produce limited images.


Along with the signing of the contract the client will receive Preshoot consultation form in order to become more familiar with the details of the shoot.


As your photographer, I, MS agree to act in a manner that is courteous and respectful to each individual and agree to abide by all terms listen in this entire agreement.


Name: __________________________________________

Phone: __________________________________________

Email: __________________________________________

Postal Address: ___________________________________

Contract Read and Signed: ________________

I've made some suggestions above; red indicates the area of concern, italics my thoughts. I think this needs a lot more work Maria, BUT... I'm NOT at all familiar with European law, and I suspect that there may be some issues soley due to translation. Things I do differently: I include the specific session fee in the document so that there's no room for 'debate', I state specifically that hair, clothing and jewellery choices are the client's responsibility, and don't demand commercial use from retail clients.

Specifically, I think you need to address "Images and Copyrights" clause. It's contradictory (under British Common Law), and essentially allows the client to do nothing with their images. Your releases don't make a lot of sense to me either, and again, I'm sure there are significant legal differences between our countries, but IMO, assumed commerical use of retail work is a bit... well... greedy. Your 'Body Alterations' clause I assume is inteneded to deal with things like healing wounds, etc. I would amend that all to make it the client's responsibility; for instance you have a client whose recently had a masectomy and wants these images to show the 'new' her, that healing may be important to her and that clause makes it sound to me like she's going to show up and you're going to tell her to turn around and leave.

You've been here long enough to know the party line! Consult a lawyer, don't take the word of some weenie on the 'net!

John, thank you so much for helping me!
I made some changes in the draft and I'll reword some sentences.

 

[mmaria]

"Specifically, the clients face would not be showing and they would be unidentifiable to outside viewers."

I'd also loose the bold part as the issue of what makes people identifiable in images is a grey area. A tattoo, scar, birthmark unique body shape, moles etc could all make someone identifiable even though it may not show their face.

good point! Thanks!

 

[mmaria]

Yeah, agree with @tirediron, get a lawyer to look it over.

I suspect that there may be some issues soley due to translation

This is an extremely good point. Things change with translations from language to language. You NEED to have the proper wording, else you could be setting yourself up...

Laws very from country to county and I'm not a lawyer... but that won't stop me from commenting.

The photographer is not responsible for any makeup/hair errors or accidents that occur related to the makeup and hair (like allergies and such).

Either you'll need them to provide you a list of their allergies, or you'll need to provide them with an ingredient list. Otherwise, how will either party know if they'll be any allergic reactions. Is "like allergies and such" in the contract? If so, that's extremely vague. Also, "errors/accidents" doesn't say "allergies" to me. It says, wrong hair color, hair falls out, makeup on clothing, etc. I would think "errors/accidents" are completely separate from medical issues such as allergies "and such".

MODEL RELEASE: Boudoir Sessions have two options for model releases. Please read the descriptions and choose below:

You have two options, both of which allow you to share images. Do you have an option to NOT share the images?

It supersedes all prior and simultaneous agreements between the parties.

I understand this, but would recommend a reword. Something to the effect that this is an addendum to any previous contracts/agreements, and that any sections of this contract that overlap other sections will supersede the previous contract and make those sections of previous contracts null/void, but any sections that are not superseded are kept in tact. That way, if you 'forget' something in this contract, or if the other contract is for something else entirely, you'll still have the old contract in place for the previous work to cover you. It makes sense in my head, but not sure if I stated it eloquently.

I'm sure I'd have other comments, but that's it for now.

write everything that goes trough your mind... it's helpful

 

[mmaria]

Have a real lawyer to check this over for you.

It sounds like you want to control everything to build your portfolio.
IE, it sounds like you should be HIRING a model for how this contract reads.

Versus a release for doing shoots for Clients.

really? it sounds like that?

hm.... Like John said, there's a lot more work to be done