Model Release

Is your photography business fully protected? No, I am not talking about buying liability insurance (which I hope you also have). I am referring to things like having rock-solid contracts with your clients, being the right business entity and copyrighting your images.

While we spend a great deal of time and money on learning creative techniques, we rarely get our legal homework done. To understand some of the quagmires photographers have found themselves in, all you have to do is to switch on the evening news. Whether it is a disgruntled client or a duplicitous photographer, the media serves up stories often enough to make me worry.

And when you are worried, you aren't really creating your best work. At least, I know if I am distracted by any loose ends, I am not focused on the work at hand. Perhaps you are the same way. So, as a working photographer, getting my legal ducks in a row is a top priority. I want to be able to arrive at my client's home and know that both of us are protected by a set of standards and an agreement that will hold up in a court of law.

But going to a lawyer and having a variety of these documents all created could cost a pretty penny. That's when I stumbled across Small Business Bodyguard, about a year or so ago. Rachel Rodgers who founded Small Business Bodyguard also happens to be an attorney.

According to the Small Business Bodyguard site, it is:

For anyone starting a business.
Selling something online.
Selling something offline.
Running a website.
Pitching services.
Writing eBooks.
Launching products.
Hiring web designers / copywriters / VAs / interns / contractors.
Collaborating with others.
And selling anything to anybody.

If you need such a comprehensive collection of templates, ones that will walk you through a variety of scenario, then Small Business Bodyguard is for you. But at $595, it is a little expensive (compared to the thousands you could spend face-to-face with a lawyer, though, it is still a bargain).

To cater to the specific needs of the photography industry, Rachel just launched Legal Nunchucks: For Photographers [aff].

At $197, it is definitely affordable. But now through Friday, you can actually buy it for $97. Here's what you get:

50+ pages of digestible, fun content so you can learn about the legal precautions you need to take to make your business thrive PLUS the action and how-to to actually do it.

Client Service Agreement for Photographers Template

Model Release Template

Legal Checklist for Photographers

To find out more about Legal Nunchucks: For Photographers, check out my conversation with Rachel Rodgers about how and why having legal contracts is actually a good thing for both you and your clients:

Like all legal documents, if you use Small Business Bodyguard, Legal Nunchucks: For Photographers or anything else you download from the Internet, I implore you to still have it all looked over by a local (in-state) attorney. The resources mentioned above are, in in my opinion, a great way to get a head start into lining up those pesky ducks!

Rachel Brenke is the lawyer & photographer owner of The Law Tog, a site is dedicated to providing legal, marketing and biz advice to photography businesses with maximum efficiency and results. Through business consulting services and her published book “The Laundry List: A Mother's Guide to Balancing Family and Business,” Rachel provides guidance in practical ways for photography business owners to succeed. Check out Rachel's Facebook page.

The phrase “the client is always right” just may be going out the window as more of society seeks to push the boundaries of what they can ‘get’ for their money. As business owners we have to balance customer service and standing-our-ground to protect our business.

This balancing act can be tiring and have detrimental results if not handled correctly. However, a major client concern that carries a legitimate argument revolves around the publication of minors on the Internet. In this digital age there is a very real worry for parents as photographs are placed on the World Wide Web with little to no control over who views or possesses these photographs. Despite photographers taking measures to watermark and right-click-disable their websites, intellectual property thieves and child predators possess tools to get around these precautions.

As a portrait photographer having a portfolio is a necessity but the question to ask is … at what cost? On the flipside, why shoot if you’re not going to be able to share that session and gain new clients? This situation puts photographers between a rock and a legal place.

Whenever a photography session takes place that is a private contractual relationship and the intention is to use the pictures on website, portfolio, studio samples or any other marketing avenues the photographer should obtain a signed model release. Unless it is otherwise written in the contract in similar language, if the photographer does not obtain a signed model release the photographer is unable to use the photographs for marketing or portfolio use until such release is obtained.

It is always best practice to get it before hand. In this case, with clients insisting on not publishing photographs of minor children on the Internet, it is important for the photographer to balance potential word of mouth against whether it is worth turning down the session due to the inability to use the photographs publicly.

#1 Eliminate Model Releases – No Questions Asked

Yes, photographers need portfolios, however, at what cost? This is a personal business decision each photographer will have to make. A good rule would be to err on the side of the client’s wishes, as they are legitimate concerns, honor the elimination of a model release to inspire future word of mouth clientele.

#2 Charge More For A Session Without A Model Release

An alternative would be too charge more for sessions that are not accompanied with a signed model release to compensate the photographer for potential lost marketing that could have occurred with the publication of the photographs.

#3 Written Agreement To Not Divulge Names, Faces Or A Combination Of Both Names & Faces

The last option is a middle-of-the-road that requires an amendment to the model release by agreeing in writing to not divulge identifiers such as names, faces, personal characteritistics or a combination of the above. This can be partnered with a discretionary fee to the client or not.

Bet you thought I’d give you the be-all and end-all answer, huh? Sorry.

This is something that each photography business owner has to weigh and determine what is best for their clients and business. These are just few of the options available to photographers that can respect the client’s wishes, photographer’s or both.

Feel free to leave in comments any other ways you have found to successfully navigate this precarious area of client management and the law!

“If the photographer does not obtain a signed model release the photographer is unable to use the photographs for marketing or portfolio use until such release is obtained.”

Learn more about the model releases Rachel offers on her website here.

Why You Need To Protect Yourself With Legal Nunchucks

Portrait Photographers, Respect Thy Client’s Wishes … Or Not