# Please review my boudoir contract



## mmaria (May 11, 2015)

So, I googled around and come up with this...

Would you be kind and point out possible faults or share your suggestions on the text bellow? What did I forgot to mention? Thanks!
Along with the contract, they'll sign a Model release form.

Ok....

                                                 BOUDOIR SESSION CONTRACT


AGREEMENT OVERVIEW: This agreement, consisting of three pages, contains the entire understanding between Marija S (the Photographer) and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.


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.


IMAGES and COPYRIGHTS: The photographs produced by MS are protected by the Copyright Law (all rights reserved) in "my state" and "the state I'm shooting in" and may not be reproduced in any manner without MS’s explicitly written permission. The CLIENT may use images for their personal blogs, sites, and social networks provided credit is given to MS. The CLIENT may not redistribute the images in any manner.


SESSION FEE: This pays for a 2-hour session, the Photographer's time, editing of the images, meeting with the client, ordering and delivering prints when applicable. No appointment is scheduled until payment has been received. Pricing is defined on The Photographer’s standard price list in effect at the date of this contract.


PRIVACY STATEMENT: All information provided via any of the intake forms on this site will NOT be shared with any third parties. Images with any nudity or implied nudity will not be posted online or for advertisement without your permission as stated in our model release.


MODEL RELEASE: Boudoir Sessions have two options for model releases. Please read the descriptions and choose below:

-  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.


-  FACELESS RIGHTS RELEASE: The CLIENT & Subject authorizes MS to reproduce and display their images in marketing and promotional campaigns in both print capacity and on the world wide web, as long as the client is not recognizable in the images. Specifically, the clients face would not be showing and they would be unidentifiable to outside viewers.


ARTISTIC RIGHTS AND CREATIVE CONTROL: The Photographer retains creative control of the session. This control is including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps.

The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.

The Client acknowledges and understands that the Photographer cannot guarantee that any specific photo will be taken. The Photographer will make every effort to accommodate Client’s wishes and acknowledges that there is a reasonable expectation of professional quality consistent with the Photographers work.


LIMIT OF LIABILITY: In the unlikely event that the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. 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.

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.


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.

The photographer is not responsible for any makeup/hair errors or accidents that occur related to the makeup and hair (like allergies and such).


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

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.

If the Client didn't arrive on time, any time lost will come out of the session length and may produce limited images.


Along with the signing of the contract the client will receive Preshoot consultation form in order to become more familiar with the details of the shoot.


As your photographer, I, MS agree to act in a manner that is courteous and respectful to each individual and agree to abide by all terms listen in this entire agreement.


Name: __________________________________________

Phone: __________________________________________

Email: __________________________________________

Postal Address: ___________________________________

Contract Read and Signed:   ________________


----------



## tirediron (May 11, 2015)

mmaria said:


> So, I googled around and come up with this...
> 
> Would you be kind and point out possible faults or share your suggestions on the text bellow? What did I forgot to mention? Thanks!
> Along with the contract, they'll sign a Model release form.
> ...


 
I've made some suggestions above; red indicates the area of concern, italics my thoughts.  I think this needs a lot more work Maria, BUT... I'm NOT at all familiar with European law, and I suspect that there may be some issues soley due to translation.  Things I do differently:  I include the specific session fee in the document so that there's no room for 'debate', I state specifically that hair, clothing and jewellery choices are the client's responsibility, and don't demand commercial use from retail clients.

Specifically, I think you need to address "Images and Copyrights" clause.  It's contradictory (under British Common Law), and essentially allows the client to do nothing with their images.  Your releases don't make a lot of sense to me either, and again, I'm sure there are significant legal differences between our countries, but IMO, assumed commerical use of retail work is a bit... well...  greedy.  Your 'Body Alterations' clause I assume is inteneded to deal with things like healing wounds, etc.  I would amend that all to make it the client's responsibility; for instance you have a client whose recently had a masectomy and wants these images to show the 'new' her, that healing may be important to her and that clause makes it sound to me like she's going to show up and you're going to tell her to turn around and leave. 

You've been here long enough to know the party line!   Consult a lawyer, don't take the word of some weenie on the 'net!


----------



## bribrius (May 11, 2015)

if anyone has a u.s. one along with a modeling contract they wanted to pm me i wouldnt be upset. Better to have one in case you need it than after the fact.


----------



## weepete (May 11, 2015)

"Specifically, the clients face would not be showing *and they would be unidentifiable to outside viewers.*"

I'd also loose the bold part as the issue of what makes people identifiable in images is a grey area. A tattoo, scar, birthmark unique body shape, moles etc could all make someone identifiable even though it may not show their face.


----------



## waday (May 11, 2015)

Yeah, agree with @tirediron, get a lawyer to look it over.



tirediron said:


> I suspect that there may be some issues soley due to translation



This is an extremely good point. Things change with translations from language to language. You NEED to have the proper wording, else you could be setting yourself up...

Laws very from country to county and I'm not a lawyer... but that won't stop me from commenting. 



mmaria said:


> The photographer is not responsible for any makeup/hair errors or accidents that occur related to the makeup and hair (like allergies and such).


Either you'll need them to provide you a list of their allergies, or you'll need to provide them with an ingredient list. Otherwise, how will either party know if they'll be any allergic reactions. Is "like allergies and such" in the contract? If so, that's extremely vague. Also, "errors/accidents" doesn't say "allergies" to me. It says, wrong hair color, hair falls out, makeup on clothing, etc. I would think "errors/accidents" are completely separate from medical issues such as allergies "and such".



mmaria said:


> MODEL RELEASE: Boudoir Sessions have two options for model releases. Please read the descriptions and choose below:


You have two options, both of which allow you to share images. Do you have an option to NOT share the images?



mmaria said:


> It supersedes all prior and simultaneous agreements between the parties.


I understand this, but would recommend a reword. Something to the effect that this is an addendum to any previous contracts/agreements, and that any sections of this contract that overlap other sections will supersede the previous contract and make those sections of previous contracts null/void, but any sections that are not superseded are kept in tact. That way, if you 'forget' something in this contract, or if the other contract is for something else entirely, you'll still have the old contract in place for the previous work to cover you. It makes sense in my head, but not sure if I stated it eloquently.

I'm sure I'd have other comments, but that's it for now.


----------



## astroNikon (May 11, 2015)

Have a real lawyer to check this over for you.

It sounds like you want to control everything to build your portfolio. 
IE, it sounds like you should be HIRING a model for how this contract reads.

Versus a release for doing shoots for Clients.


----------



## bribrius (May 11, 2015)

i don't understand the "faceless rights release " part at all.  It seems you would have full release and copyright automatically and it would be just re-iterated in the contracts. The faceless rights release appears to equivocate to giving up part of your copyrights and ownership of the image and allowing the client to have control of them. Suppose i thought image copyright and ownership was pretty much a "black and white" thing and this goes into some gray area.

but i know little so take it with a grain of salt.


----------



## KmH (May 11, 2015)

+14.
Have a qualified attorney review your contract.
US model release law is state law, so there are 50 somewhat different versions.
The same applies to a lesser extent with contract law.
US copyright law is federal law, so there is just 1 version.


----------



## vintagesnaps (May 11, 2015)

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.


----------



## pixmedic (May 11, 2015)

wheres the punch and pie clause?
i heard there would be punch and pie.


----------



## tirediron (May 11, 2015)

pixmedic said:


> wheres the punch and pie clause?
> i heard there would be punch and pie.


 The bacon clause is also missing!


----------



## mmaria (May 12, 2015)

ok, there will never be the bacon clause in my contract!!!

but seriously...

Thank you so much for every suggestion! 

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


tirediron said:


> mmaria said:
> 
> 
> > So, I googled around and come up with this...
> ...


John, thank you so much for helping me! 
I made some changes in the draft and I'll reword some sentences.


----------



## mmaria (May 12, 2015)

weepete said:


> "Specifically, the clients face would not be showing *and they would be unidentifiable to outside viewers.*"
> 
> I'd also loose the bold part as the issue of what makes people identifiable in images is a grey area. A tattoo, scar, birthmark unique body shape, moles etc could all make someone identifiable even though it may not show their face.


good point! Thanks!


----------



## mmaria (May 12, 2015)

waday said:


> Yeah, agree with @tirediron, get a lawyer to look it over.
> 
> 
> 
> ...


write everything that goes trough your mind... it's helpful


----------



## mmaria (May 12, 2015)

astroNikon said:


> Have a real lawyer to check this over for you.
> 
> It sounds like you want to control everything to build your portfolio.
> IE, it sounds like you should be HIRING a model for how this contract reads.
> ...


really? it sounds like that?

hm.... Like John said, there's a lot more work to be done


----------



## mmaria (May 12, 2015)

vintagesnaps said:


> 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 (May 12, 2015)

mmaria said:


> 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 (May 12, 2015)

Designer said:


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


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 (May 12, 2015)

mmaria said:


> ...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 (May 13, 2015)

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:



mmaria said:


> 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_.


----------

