Portrait session contract w/repro release

divamum

I know - there've been squillions of threads asking similar questions and there are some stickied links. I've read 'em all (and googled till my fingers bleed), but haven't found quite what I need.

To date, most of my sessions have been with folks I know and it's been pretty much on the "getleman's agreement" approach. I've always taken care to make all arrangements by email, with terms clearly stated even in that context, but nothing more formal than that.

My next client, however is 1. somebody I don't personally know yet and 2. somebody heavily involved in the business world, thus I'd like to have a somewhat more formal agreement.

However, I can't find anything to use and I only have until Tuesday to hash something out.

Dates, payment terms, deposit etc have been explicitly outlined and agreed via email (so I know I'm covered there since email is legally binding).

I just need the most generic appropriate language to say that

1. Subject has full reproduction rights (these are headshots, thus that is normal)
2. I can use the images on my website for promotional reasons
3. I am not liable for anything which happens when the pictures are used
4. I am not liable for subject on my premises (eg subject trips and breaks arm walking into my house - not my fault)

I am confident that this is entirely CYA and will not be needed, but better to have and not need yada yada yada

Anybody have anything or can link me to something I can tweak? This is too last-minute for me to arrange to meet with a lawyer formally, but I do have a family member who is a lawyer who I'm sure will read it for me to check it's ok.

Thanks in advance!

Cygnus Studios

divamum wrote: »

Dates, payment terms, deposit etc have been explicitly outlined and agreed via email (so I know I'm covered there since email is legally binding).

Don't totally rely on emails, they can be considered unreliable. Lawyers and judges don't always see legally binding the same way as others.

Dan Heller has a generic model release here. Most model releases are very simple.

Liability releases are a bit more complex, and depending on where you live may or may not cover you. Some cities/states have laws that basically state people cannot sign away their right to be stupid and put themselves in a position to be hurt. This is what insurance is for.

angevin1

Indeed!

I have two different Model releases, but neither spell out liability issues.

Dan7312

IANAL at all but I don't see how you can walk away from a danger you create, like someone steping on a roller skate in your living room, falling a breaking their arm. Even if you could why would someone sign it? Most likely their insurance company implicitly expects to collect from your roller skate and if your customer signed that right away they might not be covered by any one.

divamum wrote: »

4. I am not liable for subject on my premises (eg subject trips and breaks arm walking into my house - not my fault)

I am confident that this is e
Thanks in advance!

Art Scott

not being facetious here ...but...don't you have any contracts from when you need to have headshots done??? If so just copy and make YOURS....as to the not my fault if you fall and break arm.......not gonna work....really need liability insurance (min.$1M)....even if you have no other.......

divamum

Believe it or not, my own last batch (other than the ones I now do for myself ) were done by a photographer friend so no contract, and I don't have the contract from the ones taken before that!! Unlike actors (who usually reshoot every year), I can get away with one every 5 years or so

Got it sorted now - simple, to the point, and covers my needs. Thanks all!