model release form

[sully4444]

I have an opportunity to take extensive photos of a woman and am curious about the need for using a model release form. If it is necessary to use such a form is there a generic form somewhere on the web that is available? A slight fee will exchange hands for this "modeling" that she will do.
Thanks

 

[SweetErika]

Uh, did you google "model release form"? Because I did, and found a lot of them that one could draw the elements one wanted from to create a custom form. That's what I did for my professional policies/agreement.

 

[mattly]

Sweet Erica,
I guess the real question was if I realy need a release form. What is the useful purpose of it? Perhaps once I read the form it will become more clear as to the necessity of it.
I will search Google for the form, that is simple enough. I guess I was just being lazy. Which is typical of me.
Sully

Just curious about your need of a professional form. Are you a model?

 

[SweetErika]

No, my professional form is for my job - it's important to put my expectations and policies out there at the beginning, and let clients know what they can expect if they cancel on short notice, fail to pay on time, write a bad check, etc. It also releases me from liability in some respects - at least apart from gross negligence or criminal actions, which is critical given our litigious society.

I think you'd be smart to have a release/contract, especially since you're dealing with material that can be exploited and money is changing hands. In my non-professional opinion, it should include at a minimum:

- What you expect from the model, in precise terms

- When, and how much, money will change hands

- What will happen at the session (e.g. "the model may be asked to disrobe for nude, non-pornographic photographs")

- What will happen to the photos - Will you give copies to the model for their portfolio? Will you keep all copies in a secure location? How will they be used - for your portfolio, personal enjoyment, artwork to be sold, pornography, uploaded to one or more websites (and if so, which one(s) )?

However, I don't know anything about these forms/contracts, so you should research thoroughly and possibly consult with an attorney to be safe. I'm just making suggestions on common sense.

 

[DuckLover]

Release forms

I recently finished an introductory photography class at an art school. While we didn't go heavily into legalities, my understanding from the instructor (an accomplished professional photographer) is that, legally speaking, you really only need a release form if you intend to sell the pictures.

That said, I'm neither a lawyer nor a professional photographer, so SweetErika's advice is probably still sound--sign some kind of contract about what is and is not expected by and for both of you. If she's a professional model, she's used to it and may insist on it. A reliable source, though, would be to call a photography professional association. A quick web search should find one easily. They can answer your question for certain.

Also remember that, this being the US, she can still legally sue you regardless of whether you have a contract or release form. The contract/form merely covers your ass and reduces (significantly) the likelihood of her winning and cleaning you out.

 

[krazeekat]

My advice is, go with the release form just to cover your arse.

 

[M's girl]

sully = mattly?

Anyway... like Erica said.... an agreement or contract will cover both the photographer and the model if "things" happen afterwards no one had foreseen. She can tell you now you can use her pictures for certain purposes but what happens if you start to make lots of money, partly because of them?

Exactly... make sure both know what to expect; it will save you loooots of potential trouble afterwards

 

[Peg_Bundy]

You really only need one if you are going to be publishing/sharing the photo's somewhere. If they are nudies she has to sign something stating she is over 18 and you need a copy of her liscience.

I did some photo's with a company that worked with skin mag's in CA. Before they could take any photo's i had to sign a release that i was indeed over 18 and they took a copy of my liscience.

 

[SweetErika]

If I were a model, I wouldn't shoot without a contract. What if the photographer used the pics for something other than we agreed on? What if s/he told me they were for a personal hardcopy portfolio and I discovered s/he had sold them or put them on a site I didn't want to be associated with? What if they said they'd pay me $1000 for the day, but then insisted we only agreed on $200 after the shoot?

Contracts stating the agreed upon terms help protect BOTH parties. I would think that any professional photographer or model would insist on some type of written agreement.

As one of my Business Law professors always said, "Don't be stupid enough to think your oral agreement will hold up in court. Write up the terms on a bar napkin in crayon, or whatever - some kind of written contract is almost always better than none at all." She was an incredibly smart woman, good teacher, and highly respected attorney.

Don't let your laziness get the best of you on this one matt/sully (I'm also wondering why you have two accounts ) - you don't want the model to refuse to work with you because you don't have something prepared, or end up in court thinking, 'If only I'd had her sign a contract...'

Definitely make sure you comply with the 2257 law as well.