Thursday, May 3, 2007

Model Release and TFCD Agreement

So, I may be taking pictures of my friend's children this weekend next week (because her baby has a dry patch on his face), so I thought I should get the contract ready.

Read the background info first here. I also asked the fine folks at DPChallenge for advice in the thread here.

The general consensus on DPC was that I was actually talking about two separate pieces of paper: a model release and a TFCD (trade for CD) contract. JenniferDavidGA (among others) was nice enough to send me a copy of her forms including a TFCD contract which is the basis for the combined release and contract below. While I want to have both a model release and TFCD contract, I don't want to overwhelm friends. After all, even my friends will get nervous if the conversation goes like this:

"Please sign this...

and this...

and prick your finger with this pin and apply your fingerprint in blood.

Now, why did Billy run away? I need his blood too!"
So, here you go, feel free to apply it to your own needs:

Combined Model Release and Time for CD Agreement

Whereas [my name], Photographer, and __________________________________, Model, have agreed to enter this agreement for the purpose of "time-for-CD" whereby Photographer will provide photography services to Model at no cost to model, and Model will provide modeling services to Photographer at no cost to photographer, both in accordance with the following Definitions and Provisions:

PROVISIONS

Copyright Ownership
Photographer retains sole copyright of all Images produced.

Proofs
Photographer will provide proofs, either digital or printed, of all Images to Model.

Selection of Prints
Model will, at Model's sole discretion, select Images for Model's prints. All prints will be fully retouched and portfolio grade prints.

Number of Prints
Model will receive ______ high resolution digital prints on computer CD-ROM within 30 days.

Reproduction Rights Granted to Model
Photographer grants Model nontransferable and nonexclusive reproduction rights to the Images. Model shall not transfer, license, sell, lease, or otherwise confer either permanently or temporarily any reproduction rights to any Images, to any third party. Images may be reproduced in print or electronically (such as e-mail or on the world wide web).

Reproduction Rights Granted to Photographer
Photographer may only use Images for self-promotion efforts, including, but not limited to: printed portfolio, electronic portfolio (CD or web site), entry into online photo contests, or an electronic web-based journal (blog). In no case will identifying information about Model be posted in a public venue. Photographer will not use license or sell Images for commercial use without contacting Model and negotiating a new contract.

Entire Agreement
This Agreement contains the entire understanding of the Photographer and Model and supersedes and cancels all previous negotiations, agreements, commitments, understandings, and writings in connection with the subject matter of this Agreement. This Agreement may not be released, discharged, abandoned, supplemented, amended, or modified in any manner except by a written instrument duly executed by Photographer and Model and shall not be strictly construed against either party.

THIS IS NOT A CONTRACT OR AGREEMENT FOR WORK FOR HIRE. THE IMAGES ARE NOT THE PRODUCT OF A WORK FOR HIRE.

Photographer:
[my contact info]
Signature: ___________________________ Date _______________


Model:


Name (Print) ____________________________

Address _____________________________________________________

City ________________________ State ____ Zip ____________

Phone _____________________

Signature: ___________________________ Date _______________

If Model is a minor:

I warrant and represent that I am the father/mother/guardian of ______________________, the Model above named.

Signature of Parent/Guardian __________________________


Comments (a.k.a. notes to myself for future revisions):
  • I took out a time for prints provision. I can't imaging I'd ever want to do prints instead of a CD.
  • I took out a copyright and photo statement (Model shall affix Photographer's copyright notice and photo credit to any Images reproduced by Model). I don't feel write asking them to mark up the images with my name -- I don't even have a logo or anything!
  • I explicitly added the reproduction rights for the photographer -- this is my 'pay' for the whole deal, and I want to protect it.

4 comments:

Brian said...

Thank you very much. You have provided a great asset and nobody has seemed to at least comment you for you time and for sharing that with us. So again...thank you.

White Lotus said...

Thanks so much, that has really helped me so much!!

Aharon Delacruz said...

great post, thank for taking the time to write this down.

Anonymous said...

It was very interesting for me to read the article. Thanks for it. I like such themes and everything connected to this matter. I would like to read more on that blog soon.