07/07/2024
Good morning, folks. Let's talk a little about contracts and what kinds I use in my work. DISCLAIMER - I am not a legal professional and this is not legal advice. As always, have your contracts vetted by an attorney who specializes in such things. I did and have been using mine for years now. Best $200 I ever spent. Moving on...
So I use three basic kinds of contracts - Trade-For-Print (TFP) contracts, basic hire contracts, and Work-For-Hire (WFH) contracts. TFP is the main one that gets used by me these days, for reasons to do with money and use. What my TFP contracts state (and your milage may vary so ALWAYS READ YOUR CONTRACTS) is that the model gets basic usage rights, up to and including printing for self-promotional use. They do not get merchandising rights, I retain the copyright and have an explicit model release. Usually there is a pretty generous timeframe there, and the models get finished photos but no raws. Credit is mandated on use by the model and they get what I make when I make it. This is the one most slanted towards me because I am the one who wrote it. The takeaway here should be that if you want a TFP contract that favors you, you should really write your own. Anyway, the phrase that pays for my contract is "In exchange for X and other valuable considerations, the Model agrees to the following." X is usually something like "wardrobe and a license for use".
Basic hire contracts are what I use when either I am paying someone money for services or they are paying me. This one is a bit more specific in terms of delivery dates and amounts if I am the one taking money. The client still only gets finished photos, but they are guaranteed a specific number of photos by a specific date. I have an add-on for "no credit to be given" contracts, but it's not too terrible. All in all, this is my standard "someone is paying someone else" paper.
WFH contracts are my hands-down favorite commercial contracts because the shoots are so stress-free for me. The terms are pretty simple, too. The client (model or otherwise) brings a memory card compatible with my camera to the shoot. I slot the card, do the shoot, then when it's over, I pop out the card and hand it off. That's it. The client owns the copyright and I don't get anything but a paycheck and the sweet knowledge that someone else gets to do all the editing and finessing. Come in, shoot, and leave... best day ever. All for the low, low price of $500/hour plus studio fees, rounding up to the nearest hour.
Any questions? Pic for AlgoTax.