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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 05 Feb 2015 (Thursday) 00:05
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How do I go about drafting a release contract/agreement

 
Naraly
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Feb 05, 2015 00:05 |  #1

I got the job! To photograph a bikini model for a calendar. I want to draft up a "limited rights, non-exclusive" agreement for the photos because I only want them to be used for the 2,000 calendar copies they're printing, not to eventually make more to sell or put them on t-shirts and stuff like that (I will offer the full rights if they want to pay more). I already let the promoter know (he's the one hiring me) and he agreed, but I want to put in on paper.

I found this sample online, does it sound right to use it like that? (just filling in with my scenario) Or does someone have a link/file with a better version? Any important things I should make sure to include?

Identifying information: [Insert identifying information such as size, dimensions, media used, where created, brief description of image, (example: "photograph of cup of coffee").
Agreement:
The photographer grants the licensee the [exclusive or non-exclusive], non-transferable and non-assignable use of [Insert title of image] (the image described above) for the period of [Insert detailed time limitations and date of expiration] for the purpose of [Insert a clear and specific description of what, where, when and how the licensee is permitted to use the image. For example: "usage in the client's billboards in the Metro area until the date of expiration of this agreement," or "usage in the client's web advertisements only, not print publications, until the date of expiration of this agreement"].

Payment:
The amount of amount of $_______, is to be paid immediately upon receipt of the image.

Provisions:
[Include any additional limitations and/or provisions regarding the use of the image. See examples below.]
The photographer retains all copyrights attached to this image as well as any other rights which may not be detailed in this agreement.
Credit/Acknowledgement of the photographer's name and website URL [Insert web URL here] must be given when the image is published, either with a picture credit, caption or a link/acknowledgement in the publication if the image is used for editorial purposes (newspapers, magazines, newsletters, web or print publications, etc...).
Selling and/or redistribution of this image is forbidden.
Licensee [Is/is not] allowed to crop and/or electronically alter the image to suit their purposes for the usage stated above. [explain in detail what the licensee is allowed to do or not do with your image.]

Indemnity:
The Licensee indemnifies and holds harmless [Insert name of photographer] against all claims, liability, damages, costs and expenses stemming from a breach of this agreement, the use of the image, your failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of the image.

Warranty and Liability:
This image is provided "as is" with no warranty regarding the suitability of the image for any purpose. The artist is not liable to the client or any person or entity for damages, costs or losses stemming from any usage of this image.


Thanks for your help! It's my first time making an agreement of this type, and I don't want to mess up or leave something important out :\



Cheers,
Nora

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PhotosGuy
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Feb 05, 2015 08:59 |  #2

FWIW, you should have a local lawyer review any contract that you find online.
And somewhere in the forum it was suggested that the title "Agreement" vs. "Contract" was better if you had to go to court.

Links: Terms and Conditions - it is all about money.


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Naraly
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Feb 05, 2015 23:08 as a reply to  @ PhotosGuy's post |  #3

Thanks, didn't know about that title part!



Cheers,
Nora

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How do I go about drafting a release contract/agreement
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