Shop Forum More Submit  Join Login
Group Info Group Founded 4 Years ago Statistics 115 Members
8,143 Pageviews121 Watchers

Admins

Founder


:iconkendra-paige:

Deviants

Fashion 101: Contracts and Releases

Fri Sep 12, 2014, 9:01 AM
Welcome to the second edition of Fashion 101, a series of articles revolving around the art, business, and nuances of fashion photography brought to you by Fashion-Show. While some topics may be relevant only to the fashion industry, many of these articles can apply to multiple genres and art mediums, such as today's topic. As a disclaimer, I am not a lawyer, so please do not replace the advice here with legal representation.

Be sure to participate in the discussion and Giveaway at the end!
:iconfashion-show:

What is a Contract?

Simply put, a contract is a legally binding agreement between two parties. In order for a contract to be enforceable by law, there are several requirements:
:bulletpurple: Each party must offer something of value to the other, also known as 'consideration.'
:bulletpurple: Each party must be mentally and legally capable. (Not underage, not mentally deficient, etc.)
:bulletpurple: Each party must agree on the terms, typically confirmed with a signature. (The signature can be written or digital.)

What Should Be In A Contract?

In order for a contract to be effective for a photographer, these are some of the points that should be included:
:bulletblue: Basic information. Legal names of the photographer and client, dates, and location.
:bulletblue: Description of the work being done. Are you photographing a wedding, a portrait session, a fashion event, etc.
:bulletblue: The agreed rates for the production, and any applicable rates for additional fees such as extra images, retouching costs, licensing fee, etc.
:bulletblue: Security deposit. Do you require a deposit prior to the shoot, or do you have to be paid in full before the event?
:bulletblue: The time that will be devoted to this event. Are you going to be at the wedding for six hours, or four hours? Include an arrival time, and exit time.
:bulletblue: Late policy. What are your terms if your client is late? Is there a late fee? Does their time run out regardless of when they arrive?
:bulletblue: What is being delivered. Describe how many images will be delivered to the client, and in what form. This point is vital!
:bulletblue: Expected turn around time. Will the images be delivered in a week, a month? Get this written down to enforce a deadline.
:bulletblue: Usage rights. What rights does your client have to the images? Can they use them online-only, in social media, in print, on a billboard? How long can they use these images for? Also, what rights do you have to the images? Will you post them in your portfolio and on social media?
:bulletblue: Editing clause. Do you want your client to be able to slap Instagram filters on your images, or do you want to enforce a clause stating they can not edit them? Remember, you hold the copyright of the images, so consider how you want your work to be presented.
:bulletblue: Cancellation policy. What happens if you are ill or not fit for the shoot? Do you refund the full amount, or do you substitute with another photographer of your caliber?
:bulletblue: Violation. What will happen if the client violates any part of the contract?
:bulletblue: Liability. What are you responsible for in terms of image loss, injury, etc?
:bulletblue: Signatures and dates. (Adding a witness also helps!)

Why Use A Contract?

A contract is a formal agreement, and can offer protection not only for yourself as a photographer, but to your client as well. Contracts can enforce many points that are vital for a photographer and their continued career. Here are some examples:
:bulletred: Preventing a client from selling your images to a third party because they think they own the copyright.
:bulletred: Preventing a client from demanding that you retouch fifty images when you only intended to retouch five.
:bulletred: Preventing a client from demanding that you give them every image you took, even if you only expected to provide a hundred.
:bulletred: Preventing a client from editing your photographs and damaging your brand in the process.
:bulletred: Preventing a client from printing your images and selling them to friends and family.
:bulletred: Ensuring that your client credits you as the photographer wherever the image is posted.
:bulletred: Ensuring that your client pays you what you required and they agreed upon in the contract.
:bulletred: Enforcing a timeline if a client pushes you to get images done faster, when your contract states it will take three weeks.

When Should You Not Use A Contract?

Never! Even if you are working pro bono, or doing a portrait session for a friend's newborn, it is imperative that you protect yourself and your work.

What Are Resources For Contracts?

Here are some links to great advice and contracts for photographers:
lessaccounting.com/blog/free-p…
www.slrlounge.com/photography-…
www.thelawtog.com/
www.printablecontracts.com/Pho…

What Is A Model Release?

A model release is a type of contract: it is an agreement by a subject to allow their likeness to be published in a photograph. Model Releases are often very brief documents that detail the model's name, address, and any applicable information as to the use of the images. Like a contract, the model must be over the legal age, or else a parent or guardian will have to sign for them.

When Is A Model Release Required?

If you are taking a portrait of someone in a private setting, use a model release. If you intend to sell prints of your portraits, make sure to get a model release. If you wish to sell your images as stock photographs to DeviantArt, Getty, or 500px, get a model release.

When Is A Model Release Not Required?

If the subject of your photograph is taken at a public place, then a release is not required. This is why street photographers and photojournalists do not require releases from their subjects. Another instance is when working with agency represented models, as the agent will not allow their model to be taken advantage of, and therefore will advise them not to sign any sort of release. These are really the only exceptions to the rule.

Resources For Model Releases

asmp.org/tutorials/simplified-…
d1ax9dx3gero0.cloudfront.net/w…
(Apple iOS App) itunes.apple.com/us/app/easy-r…
(Android OS App) play.google.com/store/apps/det…

In Conclusion

Protecting yourself legally is incredibly important, and utilizing contracts and releases will help to accomplish that task. However, there is no substitute for advice from a law professional, so be sure to consult a local media or copyright lawyer if you truly wish to protect yourself and your brand.

Discussion

1.) Was there a time when you wished you had used a contract with a client? What was the result?
2.) Have you used contracts in the past? What has your experience been like?
3.) Do you have any further questions on this topic?

Giveaway

There will be a giveaway for three winners of 50 :points: each! Below are the details.
:bulletpurple: Favorite this journal.
:bulletpurple: Join or Watch the group for added chances.
:bulletpurple: Participate in the discussion or comment on the journal to increase your changes.
:bulletpurple: Winners will be announced on September 26th.

Please :+fav: this journal to support the project!
Thank you! :iconkendra-paige:


More Journal Entries

Comments


Add a Comment:
 
:iconstasmokko:
StasMokko Featured By Owner Jun 7, 2015  Professional Photographer
nice to see you! )))
Reply
:iconkay-noire:
Kay-Noire Featured By Owner Apr 17, 2015  Professional Photographer
Thanks for requesting my photo :heart:
Reply
:iconbutohdanseur:
ButohDanseur Featured By Owner Sep 17, 2014  Student General Artist
Thanks so much for accept my first submits!!! :dance:
Reply
:iconkendra-paige:
Kendra-Paige Featured By Owner Sep 24, 2014   Photographer
You're very welcome! Thank you for contributing to the group! =)
Reply
:iconmarinacoric:
MarinaCoric Featured By Owner Sep 10, 2014  Professional
Thank you for the invite! :wave:
Reply
:iconkendra-paige:
Kendra-Paige Featured By Owner Sep 10, 2014   Photographer
Welcome to the group! Can't wait to see more of your gorgeous work!
Reply
:iconsilkephoto:
silkephoto Featured By Owner Aug 22, 2014  Professional Photographer
thanks for the request! love your galleries :)
Reply
:iconkendra-paige:
Kendra-Paige Featured By Owner Aug 22, 2014   Photographer
Thank you for accepting! I hope you'll decide to join the group and contribute more of your beautiful work.
Reply
:iconsilkephoto:
silkephoto Featured By Owner Aug 23, 2014  Professional Photographer
sure! thank you for the invite :aww:
Reply
Add a Comment: