Contract for free work

[MariClaire]

Hi everyone,

I am extreamly new to the world of photography, I have my first shoot in a week or two, and I am doing it for free. I plan to do more shoots for free in the future. I have been reading a lot of the threads on here about contracts gone wrong, to people wanting photos removed, to not enough images supplied.

I suppose I come to you seeking advice on how to write a contract/model release for these types of shoots, is there any essential elements, wording or terminology that I should use in order to make sure that i appropriatly cover my butt?

Thanks everyone!

 

[tirediron]

Try this.

 

[bigtwinky]

Search for model release either here or google and you should get some hits with examples. You are more looking for a model release than an actual contract. If you go the full contract route, you should contact a lawyer who knows the laws in your area.

What wording to look for? Depends on what you shoot. Band images / concerts are different than weddings are different than family portraits are different than commercial and product stuff.

 

[MariClaire]

Search for model release either here or google and you should get some hits with examples. You are more looking for a model release than an actual contract. If you go the full contract route, you should contact a lawyer who knows the laws in your area.

What wording to look for? Depends on what you shoot. Band images / concerts are different than weddings are different than family portraits are different than commercial and product stuff.

Thanks, I have fairly good understanding of what should be in the contract in terms of a legal perspective (I am a law student), however, I was hoping that someone would pipe up in regards to expernices and what they have found to be important clauses in their contracts and release forms, not necessarily what I need to write..if that makes any sense at all. I am kind of a ditz sometimes.

I am thinking maybe I should just do one up, and have you guys take a look at it..probably easier.

 

[Josh66]

If it's all free, why do you even need a contract?

No contract = by default, you retain copyright, they owe you nothing, you owe them nothing. Whatever happens, happens.


Any work I ever did was free, and I never had a contract. Usually there was a verbal agreement having something to do with food or beer.

I don't understand why you need a contract if nothing is changing hands... If you just want to look cool, get some business cards...

If you plan on using the images for anything, a model release would be wise - but then, it's no longer free. You would be getting 'paid' for your services.

 

[bigtwinky]

Any work I ever did was free, and I never had a contract. Usually there was a verbal agreement having something to do with food or beer.
.

Same here, minus the food


If you want a model release so you can publish the work in a portfolio or what not, then include things like that in the text. Right to display, in all media, distort, enter in contest, online, in books, whatever.... and say its for life.

Make sure to include a section in case you shoot a kid that is not of legal age to have their parents sign

 

[MariClaire]

If it's all free, why do you even need a contract?

No contract = by default, you retain copyright, they owe you nothing, you owe them nothing. Whatever happens, happens.


Any work I ever did was free, and I never had a contract. Usually there was a verbal agreement having something to do with food or beer.

I don't understand why you need a contract if nothing is changing hands... If you just want to look cool, get some business cards...

If you plan on using the images for anything, a model release would be wise - but then, it's no longer free. You would be getting 'paid' for your services.

I shall reword this better. I will not be accepting financial compensation for the work. However, I plan to use the photos for my portfolio and use on my website. Thus, I am being paid with photos in return for providing her with the service. So yes, I am being paid, and something is changing hands.

I understand now that what I need is a model release in order to retain permission to use her photos in the said manner.

 

[MariClaire]

Does mean that you will both work for food and beer?...how are you both at dry walling? LMAO

 

[Josh66]

If it's all free, why do you even need a contract?

No contract = by default, you retain copyright, they owe you nothing, you owe them nothing. Whatever happens, happens.


Any work I ever did was free, and I never had a contract. Usually there was a verbal agreement having something to do with food or beer.

I don't understand why you need a contract if nothing is changing hands... If you just want to look cool, get some business cards...

If you plan on using the images for anything, a model release would be wise - but then, it's no longer free. You would be getting 'paid' for your services.

I shall reword this better. I will not be accepting financial compensation for the work. However, I plan to use the photos for my portfolio and use on my website. Thus, I am being paid with photos in return for providing her with the service. So yes, I am being paid, and something is changing hands.

I understand now that what I need is a model release in order to retain permission to use her photos in the said manner.

That sounds like your typical 'time for prints', or 'time for CD' scenario. Unless the model is just stupid, you're going to have to throw something their way too. Prints, CD, something like that - in exchange for your usage of their modeling.

Does mean that you will both work for food and beer?...how are you both at dry walling? LMAO

Not too bad actually - but the longer it takes, the more beer you owe me, and the drunker I'll get - taking even longer, putting you more in debt. By the time I get close to finishing, you'll also owe me a meal to sober me up enough to finish. Then the process starts all over.

 

[MariClaire]

That sounds like your typical 'time for prints', or 'time for CD' scenario. Unless the model is just stupid, you're going to have to throw something their way too. Prints, CD, something like that - in exchange for your usage of their modeling.

Does mean that you will both work for food and beer?...how are you both at dry walling? LMAO

Not too bad actually - but the longer it takes, the more beer you owe me, and the drunker I'll get - taking even longer, putting you more in debt. By the time I get close to finishing, you'll also owe me a meal to sober me up enough to finish. Then the process starts all over.

Yaa, she is getting a CD. I should have metioned that! duh!...I am a former blonde..

Hm, I think I will just hire a contractor then!...Beer is not cheap here!

 

[kundalini]

Yaa, she is getting a CD. I should have metioned that! duh!...I am a former blonde..

You may also want to stipulate in a Useage License what priviledges and restrictions you are comfortable with. I use this as a template and customize as required....


Print Reproduction and Use License Agreement
All of these images are protected by United States Federal Copyright Law, © 2011 [YOUR NAME], and provisions of the Berne Convention, all rights reserved.

This license grants [YOUR CLIENT’S NAME] the right to print, or have printed, any of the images provided through e-mail attachment or provided on disc. No other usage rights are granted.



Reproductions of the images on this disc are for personal, home, and work place use only and may not be entered in any contest, used for any commercial purpose, nor be placed anywhere on the Internet under the same restrictions without written permission from, [YOUR NAME] at [YOUR COMPANY]. This Usage License does not give permission to manipulate the images in any manner with any photo editing software.


[YOUR COMPANY] is not responsible for the quality of any prints not purchased from, [YOUR COMPANY].

Authorized Signature:­­­­­­­­­­­_______________________ Date: _____________

Client Signature: ___________________________ Date: _____________





I also add this word doc to the disc. If a lab has any credentials, they will read it and abide by it.

 

[dnavarrojr]

If it's all free, why do you even need a contract?

No contract = by default, you retain copyright, they owe you nothing, you owe them nothing. Whatever happens, happens.

I do some "free" work with models where I shoot new stuff for their portfolio in exchange for a model release. I also have them sign a EULA that they'll only use the images for their own personal use (prints for themselves and families, upload to modeling web sites, etc... but they won't submit them for stock or sell prints).

 

[MariClaire]

Thanks everyone, working on it now. Will post for you guys to C&C when I am done

 

[MariClaire]

Here is what I came up with for the release. There is room for me to fill out model info, and shoot info at the top, and at the bottom there is room for signatures for both myself and client, but I could not figure out how to get it to show up nicely in here, but the content is all there. I was not sure about one section, so i highlighted it in red, please let me know your thoughts.

Thanks again!


MODEL RELEASE AGREEMENT & RELSEASE

​

THIS MODEL AGREEMENT AND RELEASE is dated ________________________________________.​

I, __________________________________, hereby consent to and authorize Mari Claire Sturgeon (“photographer”) to photograph me. I further give my irrevocable consent to the to the photographer to manipulate, distort, publish, republish, or otherwise transmit the images of myself in any medium for all purpose including but not limited, advertising, promotion, and commercial purposes. I understand that the images of myself may be altered or modified in any manner. I hereby waive any right that I may have to inspect and approve a finished product or the copy that may be used in connection with an image that the photographer has taken of me, or the use to which it may be applied. I understand that the photographer holds all copyrights to the images of myself. ​

Under this agreement I obtain the right to print, or have printed any of the images supplied to me through e-mail attachment or provided to me on disc by the photographer. I understand that reproduction of any images supplied to me is limited to personal use only and may not be used for any commercial purposes or entered in contests. I understand that this agreement in no way permits me to modify or manipulate the photos in any manner, or edit using photo editing software. This agreement allows me to publish my photographs on popular social networking sites (Facebook, Myspace, Twitter, etc.), so long as photo credit is provided with the said photos however, I shall not publish the photographs of myself on any other website, or use the photographs in any manner not agreed upon without the prior written consent/permission of the photographer. ​

I certify that I am of legal age and have the full legal capacity to execute this authorization without the consent or knowledge of any other person.​