Looking to print a photo consent form

topazsol · Jul 6, 2012

Do you know of any sites where I can print off a photo consent form from? I am doing an event at a festival on the 14th. I am going to be doing Old Time photography out of a mobile set. It's a trailer that opens up into an old saloon set. I have all the props and costumes and we will have wagons and mini horses as well. This is the 1st time I've ever done something like this, I am nervous but excited. I would like to use some of the images I take for adversting. Can you please point me to the proper form? Thanks.

Big Mike · Jul 6, 2012

Technically speaking...I don't think you would need a release or consent form for that. If you take the photos, you own the rights to them and you can use them for many things....which (I think) includes advertising your photography business.

I would think that a google search would turn up some example forms. You could then write your own, with the same gist as what you've seen.

Ideally, it's best to have a lawyer draft (or at least review) these types of things.

KmH · Jul 6, 2012

Having the mobile set, props, and wardrobe make it necessary to have model releases from anyone in the photos to use them to promote or advertise your business.

However, model release statutes vary somewhat by state, so a qualified attorney should verify whatever language your release uses covers all the bases in Oregon. Business and Legal Forms for Photographers (Fourth Edition) (Business & Legal Forms for Photographers)

A Digital Photographer's Guide to Model Releases: Making the Best Business Decisions with Your Photos of People, Places and Things

https://contribute.gettyimages.com/producer/documents/Model_Release_English_Dec_2008.pdf

topazsol · Jul 6, 2012

Great info there KmH, thanks.

I was also wondering, if I should make a contract for the other photography I do, like family photos, maternity, etc. Something that states if the client is not fully satisfied for whatever reason, they can't sue me in court. Is there a form for that and what is it called? Shall I add it to the model release form or would they have to be seperate?

Here is what I have so far:
For valuable consideration received, I hereby grant to
_____________________("Photographer") and his/her legal
representatives and assigns, the irrevocable and
unrestricted right to use and publish photographs of me, or
in which I 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. I hereby release Photographer and
his/her legal representatives and assigns from all claims
and liability relating to said photographs.
Name (Print)________________________ Date ____________
Signature __________________________ Phone ____________
Address _________________________________________________
City ________________________ State ____ Zip __________
If Minor, Signature of Parent/Guardian___________________
Witness _________________________________________________

^This one seems to cover a lot and photographing minors too.

Here is something I found that is simliar to what I was explaining for the second form, that they can't sue me in any way if they are not happy with the end results:

If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or
other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return have no liability. This limitation on liability shall also apply in the event that
photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged
without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer
shall not be liable for any amount.

topazsol · Jul 6, 2012

Here's something else I found:

If the photographer cannot perform this contract due to fire or other casualty, theft, strike, denial of admission onto property, denial to allow photography by property owner/manager, equipment failure, inadequate electrical service, inadequate space, lighting or color balance problems, act of God, or other cause beyond the control of the parties, or due to photographer’s illness or emergency, then the photographer shall return the retainer to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. Although all care will be taken with the digital media and photographs taken at the event, the client agrees that the photographer limits any liability for loss, damage, or failure to deliver pictures, for any reason. ... shall not be held accountable for any unforeseen delays in the order(s), material defects, color fading of prints (all prints will fade over time), color balance problems with digital files or images due to improper or inadequate lighting at the event site that is beyond the control of the photographer, grainy files which are usually caused by inadequate lighting or having to photograph images in available light or mixed lighting at high ISO settings, missed shots, or lab mistakes.

I think that covers most of it but I am not sure.

topazsol · Jul 6, 2012

Obviously, I am going to do the best I can! I am very dedicated but I've never encountered a disgruntled person before and I just want to be ready, because I know I will sometime in the future. I have some photographer friends with horror stories about raging clients.

Big Mike · Jul 6, 2012

Having the mobile set, props, and wardrobe make it necessary to have model releases from anyone in the photos to use them to promote or advertise your business.

What's the difference between that and say, shooting your subjects just walking in a park....that makes it necessary for the model release?

orljustin · Jul 7, 2012

Big Mike said:
Having the mobile set, props, and wardrobe make it necessary to have model releases from anyone in the photos to use them to promote or advertise your business.

Click to expand...

What's the difference between that and say, shooting your subjects just walking in a park....that makes it necessary for the model release?

You couldn't use those without a release to advertise your business either.

That said, no one is going to go into one of these places and sign a release to get their picture taken wearing funny clothes.

Don't forget, this is the OP who posted : "I am brand new to photography. I got my first DSLR in April and I've been taking photos non stop since then. I've been getting a lot of compliments on my photos so I decided to make a facebook photography page and charge super low prices since I am a stay at home mom and I would like to make a little extra money. I have no studio set up, no backdrops, props, or lights so I advertised that I am strictly taking outdoor photos for summer."
... which was a great thread back here: http://www.thephotoforum.com/forum/beyond-basics/287449-taking-photos-newborn-preemie-twins.html

KmH · Jul 7, 2012

More information would need to be provided about "shooting your subjects just walking in a park". As I've said many times, it's not as cut and dried as some laws, like traffic laws.
If you were being paid for "shooting your subjects just walking in a park", you would want those photos released to use them for self-promotion.

If you had arranged for a MUA to prepare the client before the 'walk in the park', you would want a release signed.

You would not be sent to jail for not having a release, but if you don't have a properly executed release you may have some legal liability should the people you took photos of object to you using their likeness to promote your photography business.

I also want to mention what a photographer can do if someone refuses to sign a release.
You can change the language of the release such that both parties can agree to it's use.
The photographer can have a clause in their contract that stipulates their pricing is discounted based on the assumption they would be able to use the images for self-promotion and self-advertising. If a customer is unwilling to sign a release, the customer forfeits that discount because of the loss of the use of the images for self-promotion and self-advertising.

topazsol · Jul 10, 2012

Seriously why so people feel the need to make fun of others and bash them? I am not trolling, I've done nothing wrong but ask a few questions. I don't understand the hatred. I have done nothing to effect your life, I am not hurting anyone, I am simply asking questions. I thought that's what this forum is for. Am I wrong in thinking that?

topazsol · Jul 10, 2012

It's like no matter how politely I word something, not matter how hard I try to be courteous, it it never good enough and people have to start being rude and making fun. I'm not sure how to get a proper response with a real answer from people.

KmH · Jul 10, 2012

It's a public forum. Like Forrest Gump's mom used to say, "Forrest, life is like a box of chocolates. You never know what you're going to get."

aavivi · Jul 16, 2012

topazsol said:
Do you know of any sites where I can print off a photo consent form from? I am doing an event at a festival on the 14th. I am going to be doing Old Time photography out of a mobile set. It's a trailer that opens up into an old saloon set. I have all the props and costumes and we will have wagons and mini horses as well. This is the 1st time I've ever done something like this, I am nervous but excited. I would like to use some of the images I take for adversting. Can you please point me to the proper form? Thanks.

There's an interesting app called ' photographer's contract maker' it has some templates for photography related contracts and agreements, and certainly seems like a good start...