Please review my boudoir contract

[mmaria]

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.

reading ....

 

[Designer]

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

IMO, this is not a good starting point. The entire thing needs re-writing, and it seems overly complicated. Also, you should show the model releases separately if they are on a separate form.

 

[mmaria]

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

IMO, this is not a good starting point. The entire thing needs re-writing, and it seems overly complicated. Also, you should show the model releases separately if they are on a separate form.

Model releases are separate.

I have troubles with finding a lawyer...

yeah, it's overly complicated... I read lots of contracts online and got lost

 

[tirediron]

...yeah, it's overly complicated... I read lots of contracts online and got lost

If I may make a suggestion: Rather than reading various on-line examples and pulling out bits and pieces and trying to cello-tape them together, start with a writing pad and a pencil and make an outline of the points you want. Then take each of those points and add the two or three bullets to it so that it has the relevant information. THEN... once yu've massaged that into a decent framework, look at other examples on-line and see if there are any key points you're missing, or if there are any useful bits for fleshing out those points.

Don't get caught up in trying to make it sound 'lawyerese'; straight-forward and simple works well. Lawyers will say in twenty words what you or I can say in five. Go for the five word option. Remember, if you actually NEED the contract, courts will almost always give the benefit to the party who didn't draft it.

 

[Mr. Innuendo]

I would address the following, simply because they're just too open to interpretation, or they just don't really belong in a legal contract:

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.

As mentioned already, you can't mandate someone's mood. They may think they're being cheery while you think they're being an ass.

Who's right?

- 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.

I guess you can leave this one in there, but I have a hard time imagining someone signing the contract with that written into it. I know I wouldn't.

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.

Limited to what?

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.

I'm not exactly clear on how the time the client shows up could impact the quality of a photograph I produce.

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.

That's just bizarre.

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

I would allow a boudoir client to bring whomever she wants. If she's most comfortable with her boyfriend or husband in the room, why on earth would you not permit that?

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.

Contracts don't allow for "politely asking" anything. They dictate the terms of a transaction. I would reword it:

Due to the fragile nature of photography equipment, Client will refrain from touching said equipment or engaging in conduct which could reasonably be expected to damage said equipment. Any and all damages incurred are the responsibility of the Client.