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10-05-2014, 11:26 AM   #1
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Photography Contract and Model Release Form Assistance

So,

I've been doing some research and squaring away the admin side of the house, and these are the products I've come up with. I am not a lawyer nor have I been to any form of law school, but I think I have a pretty good grasp on the use and application of legal language.

Can you guys take a look and offer some criticisms/recommendations?

I really want to get this right.

Photography Contract: Photography Contract.pdf

Model Release Form: Model Release Form.pdf

-Heie

10-05-2014, 12:35 PM   #2
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The best advice I can offer you is that if you drafted these out yourself and this is what your planning going to go forward with. I would then most strongly recommend that you pay the money and have a qualified legal professional go over them.

That's not in any way an insult on your knowledge or abilities, but these days so much can be at stake based on these documents.
10-05-2014, 03:56 PM   #3
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Kerrow is absolutely right in his advice. Any advice you receive here is worth exactly what you paid for it, especially mine. Having disclaimed myself, here are my quick observations:
Articles 6, 7, 8, & 11 I don't think are defensible, and invite problems. "do his best" - you have to define that in legal terms or your client will for you.
Articles 9 & 10 are too specific and yet not specific enough.

There is really good info in that document, but it reads more like a "covenant" that you would share with the client to educate them on your processes. Effective contracts, in my opinion, should be as short and specific as possible. Every word and punctuation mark you put into them is subject to scrutiny.
10-05-2014, 08:47 PM   #4
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Heie, all the microstock sites have model release forms that probably look very similar, may be a good idea to download a few and compare and add/edit yours accordingly. A lawyer may be the way to go, but my guess is that the microstock sites will surely have done that for you.

10-06-2014, 09:07 PM   #5
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Another vote for "you should consult a lawyer." I'm guessing you don't know whether the law varies from state to state, or even city to city, and so whether what you'd read (books, magazines, on the Internet...) would be valid where you operate. If you're going to do this as a business, it'll be money well spent.

That said, I've really enjoyed reading Katie Lane's blog on legal advice for freelance artists, including contract-related issues, Work Made for Hire. She also offers legal services for freelance artists, but I can't vouch for it-- I just like reading good and interesting writing.
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