Suggestions for writing protrait contract

[Virginia]

Hello folks,
I'm just starting to do some portrait photography (that I'm being paid for :D ). Currently it is just word of mouth with friends, but I would like to start out with a simple contract. I plan retain the copyright, but give them the digital files to print from for their personal use. So in the contract, I want to include my permission for them to make prints for their personal use, get their permission to use the images for promotion of my business, contests, web, etc. and protect myself from any hidden liabilities that I don't know about.
I did a google search, but didn't really find the information or a sample of I was looking for.
I'm sure I can write up something, but if anyone has suggestions or pit-falls to avoid, I'd really apprectiate the help.
Best Wishes,
Virginia

[ThomasT]

I am a free Lance Photographer but I do have a job well its a part time job for a kiteboarding magazine... What you have said really is in a nutshell what you have to include. Make sure that you don't take pictures of people with out there permission thats one thing I made the mistake of and I almost got my camera thrown in the water for it... Make sure you know what those hidden liabilities are so can protect yourself... thats one thing I have to know for what I am doing. You have everything just go to a local attorneys office and ask them if they can help you I know they will be willing to because when you make a contract you have to have a state of witness, in which it has to be a attorney or judge.. At least in florida you have to....

Thomas

[Virginia]

I guess part of what I am asking is, are there any liabity issues that I should include in the contract?
And, I'd rather not pay to engage a lawyer if it is not absolutely necessary, for cost management. Is it generally thought that it is a big mistake not to, or can I get away without?
Thanks for the suggestions, I'm in WA and I don't know if witnesses are required. If I understood what you said properly, it seems overkill to need a "state witness" just to have a binding understanding of what photography services you are providing. I must have misundersttod what your meaning was, because you would go broke if every portrait client had to have a lawyer or judge witness the contract :) .
Good point about permission to take peoples pictures out and about.
Happy photo making,
Virginia

[Jodi Frye]

Virginia, a good way to find out is to see what others are doing. If you look on line for portrait photography you might find their contract posted somewhere on the site. Yes it could be different by State so checking within your own State would probably be best. Some states have really funny/weird rules about stuff....you'd be amazed at what is still in the lawbooks.

http://www2.gvsu.edu/~feenstrk/laws.html

[shnupita]

Hi.. congrats.. to get paid for what you like is the best!!

My cusin is a photographer.. she goes to the parties and take all of the pictures.

She doesnt give the costumers the contact sheet. She saves it and if you want some more pictures, you have to ask her.

Thats the way she works becase the real money is in the prints. She has different prices for the different sizes.

If you want, I can ask her.. she's out for the weekend but she should be back on tuesday.

Let me know if you want

[Foxhound]

Virginia, I've been doing exactly what your doing for several years now so I have a pretty good idea.

The absolute FIRST thing I would do is purchase the following book from Amazon. Take a look at the link and then view the index provided. You'll see what I mean.

Legal handbook for photographers (http://www.amazon.com/exec/obidos/tg/detail/-/158428059X/qid=1131120203/sr=8-1/ref=pd_bbs_1/103-8080330-5343065?v=glance&s=books&n=507846)

Personally, I don't do contracts. I work the event (wedding, parties, portraits, etc.) and agree to be payed when I have the proofs, cd's or contact sheets in my hand ready to deliver. I give them the product, they give me the check :)

As far as promoting your business, contests, etc., all you need is a simple model release for the most part. If your dealing with children then you need the release from the parents even if they are teenagers.

When it comes to getting your camera thrown into the water? Well, you have every right, in the US, to photograph anyone in a public place within sight of a public place. Now, there are a few exceptions but this book will tell you all about them. You do have to ask yourself "is it worth having my camera thrown into the water to get this shot? ;)

I highly recommend this legal book. It will explain everything and then some.

[Virginia]

Re: being paid for what I love to do, I can't believe my good fortune in having friends ask me to do their portrait work AND THEM offering to pay!!! I just finished my first "senior portrait". It was so fun and the client is very happy with the results, (sigh of relief); it is a different stress level than doing the work to please yourself.
Thank you Foxhound for the book recommendation, I will order it. I had seen the title before and that sounds like a good investment in my new psuedo business. Re: public pictures, so far I haven't had any threats to my person or equipment, but out and about I'm more likely to take a macro of a flower than one close enough of a person that they would even notice (except of course my family :) ). It's nice to know that precidence is on our side in public places and that a little common sense and consideration can keep us and our equipment safe :wink: .
Thank you shnupita for the offer of checking with your cousin. It sounds like everyone has a little different way of handling it, so if it is not too much of an imposition, it would be interesting to hear what your cousin does.
Best wishes to all,
Virginia

[ThomasT]

It's a little different when you do kiteboarding because some of the guys are professionals and have there own photographer's so if you take pictures of them, you do have a risk of getting sued by the photographer, because thats his subjects... Others don't really care but if you are workign with professionals and they have a photographer you could get yelled at, sued or not have a camera anymore.

Thomas

[bwolford]

There are books at most larget bookstores advising about photog contracts.

I was at a Seniors Golf tournament taking shots of Arnie Palmer many moons ago and one of the staff spotted me. Confiscated my camera and when I left I picked it up only to find out they had unloaded my film...

If you are on public property, I would think there is not much ANYONE can do to stop you from taking pictures. HOWEVER, if there is a charge to enter the event for the area from which you would be taking pictures, then the area could be considered "private" and therefore restrictions on photog rights are reasonable... IMHO.

Brice