Hey
@NedM , you have my respect for posting your contract and admitting your error.
In theory, there is actually no reason why you shouldn't supply images with your watermark on them, but the nature of a TFP shoot is that you should provide your model with useable images. If they can use your images with your watermark on them, then that is fine - there is no problem, but if they ask you to remove it for display purposes, you should honour that request in the interest of the agreement of providing useable images for the use of their time. You can, by all means, ask that they credit you where possible, but understand that it isn't always possible.
She wants the images to promote herself, not you, and you want the images to promote yourself, not her. That's the trade off.
BUT, if you both help promote each other regardless, you will have a new contact in the industry, potential willing future practice guinea pig and probably, a friend as well.
I mostly photograph actors and have done a LOT for free to build my portfolio, but every actor I have photographed is now a friend of mine on Facebook. I join any Facebook pages of plays, films or other shows they are in and I even make a conscious effort to attend their shows if I possibly can (and I do). That way, I can meet them after the show, they'll introduce me to their actor friends as the guy who did their headshots, and bingo! I have ten new potential clients who all shake my hand, know my name and take my business cards.
Your contract did not mention watermarks at all and didn't really mention that the shoot was a TFP arrangement and in that respect was unfair towards the model.
You will have a much more pleasant experience with your models if you are open right from the beginning and tell them if you will be supplying images with a watermark. If they don't want that, either supply them without, or decline the shoot. A TFP is supposed to be a friendly mutually helpful exercise not just to get images but also in networking, which will always be your best marketing tool.
If I were you, I wouldn't panic about it. Everyone will make this kind of mistake somewhere along the line. Treat it as a bad day, send her the images and move on.
I mentioned in another thread somewhere today, that when I do a TFP shoot I don't have a "contract", I use a sort of "Gentlemen's Agreement". Before the day of the shoot, I send the model an email explaining what I expect to happen during the shoot, how long I expect it to last and what they can and cannot do with the images afterwards - I also ask them to specify what format the images should be in to be most useful to them. Finally, and perhaps most importantly, I tell what
I will and will
not do with the images and make sure I stick to that agreement.
You will appear more friendly this way and will build a much better reputation for yourself. If someone wants to commision you for a paid shoot, by all means bring out the contract (make sure you understand it first!), but if it's for free for both of you, give them what they need and they'll give you what you need.
Good luck with it
