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  1. #21
    Ed Sukach's Avatar
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    Here goes, gang....

    I've listened to a number of suggestions from here and other sites, considered Dan Heller's *excellent* site at length, and finally have drafted this "custom-built" document. Two things should be noted: First, I am, for all intents and purposes, the "end user" of the images; Second, this is PRELIMINARY and open, wide, to future modification.

    Hopefully, I'll have enough room and this miserable PC will not freeze...


    (Letterhead)

    - Assignment Agreement - Preliminary Model Release -

    The undersigned Model and Photographer agree to work together for the production of images in the category of Fine Art Figure Studies, for use limited to Gallery Exhibition and Sale, Portfolio (in any media) and Promotional Literature, provided that,

    1. The work on this date will be in general agreement with the tone and texture of the work previously reviewed in the model's and photographer's portfolios and/ or other agreements between both parties prior to the commencement of the photographic session.

    2. The model will be provided by the photographer with reasonable opportunity to review and critique the work prior to publishing or public exhibition. The photographer agrees to contact the model, using reasonable effort to do so, from information contained herein, to arrange and schedule that review. An additional Release, based on that review will be provided to authorize the use of specific images.
    Should the photographer's efforts to contact the model fail, the model agrees to abide by the photographer's discretion as to content and form, for the intitially specified uses.

    3. The photographers agrees to provide the model with photographic prints and digital images of the work for unlimited portfolio and promotional use, irrevocably, and without additional fee.

    4. In addition to the compensation for the work on this date, the photographer agrees that the model will receive ten percent (10%) additional commission from the sale of all images produced on this date, for the first three (3) years following the date of this agreement.

    5. The model hereby releases and discharges the undersigned photographer from any and all claims and demands arising out of or in connection with the use of these images as stated above, including, but not limited to, claims of invasion of privacy.

    (Dated and signed by both Model and Photographer, with additional contact information supplied by the model.)


    - So what do you think, group? ALL and any comments/ input will certainly be considered - and GREATLY appreciated.
    Carpe erratum!!

    Ed Sukach, FFP.

  2. #22

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    Quote Originally Posted by Ed Sukach View Post
    3. The photographers agrees to provide the model with photographic prints and digital images of the work for unlimited portfolio and promotional use, irrevocably, and without additional fee.

    4. In addition to the compensation for the work on this date, the photographer agrees that the model will receive ten percent (10%) additional commission from the sale of all images produced on this date, for the first three (3) years following the date of this agreement.

    I would suggest that you put a limit on the number of prints offered in 3 and perhaps size as well. Additionally you might reconsider the release of digital images unless degraded to some sample resolution. If they want some add-on to what you privide for free you can attach a price sheet.

    On 4, if you are offering additional compensation based on the success of the image in later commercial sales, then you might reconsider modeling fees and the fact that they will then be entering into a risk-reward relationship with you. While that might improve their motivation to get the shots right, it certainly makes for lots of book keeping associated with following every sale of an image with a particular model in it for the next three years. Do you have time for all that (assuming you are successful with your sales.)?

    I am only messing around with landscape work and do my best to keep people out of it, but street shooting does interest me.

    Stew

  3. #23

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    Ed, I am no lawyer but it certainly seems fair on all party's. Your work is to be applauded. I have also felt that I would not be happy to sign the standard model release form if I were on the other end of the lens.

    Once you get it finalised will you make it available for general use please? I feel it is more ethical than what is currently available.
    Regards Paul.

  4. #24
    Ed Sukach's Avatar
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    Quote Originally Posted by Stew Squires View Post
    ...On 4, if you are offering additional compensation based on the success of the image in later commercial sales, then you might reconsider modeling fees and the fact that they will then be entering into a risk-reward relationship with you. While that might improve their motivation to get the shots right, it certainly makes for lots of book keeping associated with following every sale of an image with a particular model in it for the next three years. Do you have time for all that (assuming you are successful with your sales.)?
    The volume of my Fine Art Gallery sales is such that I do not expect a problem. It would be REALLY GOOD to have one here ... if anyone knows how to create a problem of "high volume" in Gallery sales ... I'd be interested.

    This contract (and ALL so-called Model "Releases" ARE contracts) applies only to the defined area of operation, and hopefully, give the MODEL an amount of protection from the really miserable "If you don't like it... TOUGH!" attitudes of a few "CRPs" - Creeps with Cameras.

    I believe modeling to be an honorable profession - and I'll reinforce my commitment to that belief in writing, carved in stone ... or wherever/ whenever I get the chance.
    Carpe erratum!!

    Ed Sukach, FFP.

  5. #25
    Ed Sukach's Avatar
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    Quote Originally Posted by Paul. View Post
    Ed, I am no lawyer but it certainly seems fair on all party's. Your work is to be applauded. I have also felt that I would not be happy to sign the standard model release form if I were on the other end of the lens.

    Once you get it finalised will you make it available for general use please? I feel it is more ethical than what is currently available.
    Regards Paul.
    Well,THANK YOU!! I'll take all the applause I can get....

    I APPRECIATE all the input.

    Here, I'm trying to follow Andrew Carnegie: "I couldn't produce one pound of steel if my life depended upon it, nor am I very intelligent. I have but one talent: to surround myself with people who are FAR more intelligent than I am."

    I'll post this "rough draft" to the other areas, OMP, Model Mayhem, others --- really looking for Model's input. After that, it will be reviewed by my youngest daughter, an ex-Legal Secretary for a Law Firm SPECIALIZING in Model Releases and associated Legal Affairs, for her review (grit teeth).

    I'll keep everyone informed - and yes, as far as I'm concerned it will be in the Public Domain.
    Carpe erratum!!

    Ed Sukach, FFP.

  6. #26
    Dave Wooten's Avatar
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    Thanks Ed,

    something that would fit on a 4 x 5 card would be nice.

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