Unless I've been advised incorrectly, the person bringing the suit will have the primary burden of proof. How will the model PROVE that I DID sell anything, or that I did not exhaust all reasonable means to contact her when, in fact, I will have done exactly that?If a model hears nothing from you for three years from the date of the shoot, and then five years later sees their photo in a book or a gallery, how are you going to prove to them that you didn't stiff them out of three years' commission, and more to the point, how are you going to prove to a court of law that you didn't, and aren't subject to punitive damages?
Nah! In my book that is good mojo.That's all-around bad mojo. Just pay them whatever you're going to pay them.
I specified "Portfolio use only". There is nothing there giving them absolute free us of those images for any other purpose.The same goes with the "provide digital and analog copies for their use" bit. I have no problem with providing copies of work to models for their portfolios. I am not going to give them unlimited rights to reproduce without some degree of supervision from me - I don't want them taking my work and turning it into posters they're selling on Ebay.