Pixtus - Photography Forum, Photographers, Photo Tips

esanchez · **posting pictures of clients -** 07-16-2006, 04:56 PM

What are the rules of posting pictures of clients??? I took some pictures of a co-workers daughter if I wish to post them anywhere do I have get any type of written release??? I asked and she said it was Ok..but do I need to cover myself by getting some sort of written release???

jeffkohn · 07-16-2006, 04:58 PM

To use them for promotional/commercial purposes would require a release or at least permission. To post for other reasons would not (for example in a thread here to discuss some topic or ask for feedback).

CaptainTom · 07-16-2006, 05:02 PM

I agree with Jeff, except to say that if you are using it for self promotion you should be OK as long as you don't depict the subject in a negative situation. i.e. you wouldn't want to try a business card with the caption "I photograph ugly people"....and use you client as an example....
Releases should never hurt your viability, but sometimes it is hard to ask for one...
If you get into the habit of just getting a simple release, it should cover almost every situation.

Ph0t0g · 07-16-2006, 06:12 PM

Of course to avoid all the hassles you should always try and get a release before you take the pictures, maybe consider putting it in along with whatever paperwork you might have them sign in the normal course of business, nothing extravagant just something that allows you to use the images for your own promotional uses. Several of my clients don't sign that specifically because they don't want the images used for anyting else. In the end it keeps everyone happy and I find that most cutomers are flattred that you would consider using them in promotional material.

Good Luck

babybluetx23 · 07-16-2006, 07:32 PM

Im with Todd. I ALWAYS get a written release that states I am the Sole owner of the photos and I can use them for any purpose I desire. I also, out of respect for my clients, ask them If I may post them. I have never had a client tell me no.

esanchez · 07-17-2006, 06:17 PM

What form do you recommend???

Mandy · 07-17-2006, 07:15 PM

Here's a good site with generic Photography related forms.

http://www.reedservices.com/standard.htm

babybluetx23 · 07-17-2006, 09:16 PM

Here is the one I use:

PORTRAIT PHOTOGRAPHY CONTRACT
Client __________________________________________________ ____________ Telephone___________________
Address___________________________________________ __________________
__________________________________________________ __________________ Order number________________
Description of Photographic Services to be Provided
Portrait of __________________________________________________ ____________________________________
Location for photography __________________________________________________ ______________________
Date__________________________ Time_________________________
Number of previews or proofs to be shown to Client ❏ Color _________ ❏ Black-and-white ________
Special services, if required __________________________________________________ ___________________________
__________________________________________________ __________________________________________________ ________________
__________________________________________________ __________________________________________________ __________
Special Usage Requirements __________________________________________________ ___________________________
Charges. The package fee is based on the Photographer’s Standard Price List and includes the photographs described
therein. If the fee is not based on a package but is a session fee, all photographs shall be billed in addition to the fee and
in accordance with the Standard Price List. In addition to either the package fee or the session fee, the extra charges set
forth below shall be billed if and when incurred.
❏ Package fee (package number ________)................................... $__________
❏ Fee without package........................................... ......................... $__________
Extra Charges
Additional prints............................................ ........................... $__________
Resitting......................................... ........................................... $__________
Special retouching........................................ ............................ $__________
Special finishes.......................................... ............................... $__________
Rush service .................................................. .......................... $__________
Unreturned previews.......................................... ...................... $__________
Overtime .................................................. ................................ $__________
Travel .................................................. ..................................... $__________
Other_____________________________________________ ___ $__________
Subtotal $__________
Sales tax $__________
Total $__________
Less deposit $__________
Balance Due $__________
The parties have read both the front and back of this Agreement, agree to all its terms, and acknowledge receipt of a
complete copy of the Agreement signed by both parties.
Client_________________________________________ Date______________
Photographer _________________________________ Date _____________
Portrait Photography Contract
< Photographer’s Letterhead >
This Agreement is subject to all the terms and conditions appearing on the reverse side.
BUSINESS AND LEGAL FORMS FOR PHOTOGRAPHERS
34
1. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such
time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. If the Client
refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay
_____ percent interest on the unpaid balance until payment is made in full.
2. Cancellation. If the Client shall cancel this Agreement ______ or more calendar days before the session date, any deposit paid to
the Photographer shall be refunded in full. If Client shall cancel within ______ days of the session date and if the Photographer does
not obtain another assignment for that time, liquidated damages shall be charged in a reasonable amount not to exceed the deposit.
3. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews,
shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Client for the
purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within fourteen (14)
days of receipt by the Client, shall be charged to the Client at the same rate as finished prints of the same size. The Photographer
may, with the Client’s permission, make the proofs available on a Web site or CD-ROM.
4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right
to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples,
self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the
Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the
written permission of the Client.
5. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by
parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only
as set forth under Special Usage Requirements on the front of this form. In such event, Client shall request that a credit for the Photographer
be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other
cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the
Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that
photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged
without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer
shall not be liable for any amount in excess of the retail value of the Client’s order.
7. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s
illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs
shall be a competent professional.
8. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of
dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such
inherent qualities.
9. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This
price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
10. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer
for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an
amount in excess of $________ per image.
11. Arbitration. All disputes arising under Agreement shall be submitted to binding arbitration before _______________ in the following
location ______________________________________ and the arbitration award may be entered for judgment in any court having
jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $______.
12. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in
writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach
or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of
the State of ____________________.
Terms and Conditions

CaptainTom · 07-17-2006, 11:42 PM

Quote:

Originally Posted by babybluetx23

Here is the one I use:

PORTRAIT PHOTOGRAPHY CONTRACT
Client __________________________________________________ ____________ Telephone___________________
Address___________________________________________ __________________
__________________________________________________ __________________ Order number________________
Description of Photographic Services to be Provided
Portrait of __________________________________________________ ____________________________________
Location for photography __________________________________________________ ______________________
Date__________________________ Time_________________________
Number of previews or proofs to be shown to Client ❏ Color _________ ❏ Black-and-white ________
Special services, if required __________________________________________________ ___________________________
__________________________________________________ __________________________________________________ ________________
__________________________________________________ __________________________________________________ __________
Special Usage Requirements __________________________________________________ ___________________________
Charges. The package fee is based on the Photographer’s Standard Price List and includes the photographs described
therein. If the fee is not based on a package but is a session fee, all photographs shall be billed in addition to the fee and
in accordance with the Standard Price List. In addition to either the package fee or the session fee, the extra charges set
forth below shall be billed if and when incurred.
❏ Package fee (package number ________)................................... $__________
❏ Fee without package........................................... ......................... $__________
Extra Charges
Additional prints............................................ ........................... $__________
Resitting......................................... ........................................... $__________
Special retouching........................................ ............................ $__________
Special finishes.......................................... ............................... $__________
Rush service .................................................. .......................... $__________
Unreturned previews.......................................... ...................... $__________
Overtime .................................................. ................................ $__________
Travel .................................................. ..................................... $__________
Other_____________________________________________ ___ $__________
Subtotal $__________
Sales tax $__________
Total $__________
Less deposit $__________
Balance Due $__________
The parties have read both the front and back of this Agreement, agree to all its terms, and acknowledge receipt of a
complete copy of the Agreement signed by both parties.
Client_________________________________________ Date______________
Photographer _________________________________ Date _____________
Portrait Photography Contract
< Photographer’s Letterhead >
This Agreement is subject to all the terms and conditions appearing on the reverse side.
BUSINESS AND LEGAL FORMS FOR PHOTOGRAPHERS
34
1. Deposit and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herein. At such
time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. If the Client
refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay
_____ percent interest on the unpaid balance until payment is made in full.
2. Cancellation. If the Client shall cancel this Agreement ______ or more calendar days before the session date, any deposit paid to
the Photographer shall be refunded in full. If Client shall cancel within ______ days of the session date and if the Photographer does
not obtain another assignment for that time, liquidated damages shall be charged in a reasonable amount not to exceed the deposit.
3. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews,
shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Client for the
purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within fourteen (14)
days of receipt by the Client, shall be charged to the Client at the same rate as finished prints of the same size. The Photographer
may, with the Client’s permission, make the proofs available on a Web site or CD-ROM.
4. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right
to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples,
self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the
Photographer’s studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the
written permission of the Client.
5. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by
parties other than the Photographer. If Client is obtaining a print for reproduction, Photographer authorizes Client to reproduce the print only
as set forth under Special Usage Requirements on the front of this form. In such event, Client shall request that a credit for the Photographer
be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
6. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other
cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the
Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that
photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged
without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer
shall not be liable for any amount in excess of the retail value of the Client’s order.
7. Photographer. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s
illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs
shall be a competent professional.
8. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of
dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such
inherent qualities.
9. Photographer’s Standard Price List. The charges in this Agreement are based on the Photographer’s Standard Price List. This
price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
10. Client’s Originals. If the Client is providing original prints, negatives, or transparencies owned by the Client to the Photographer
for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for an
amount in excess of $________ per image.
11. Arbitration. All disputes arising under Agreement shall be submitted to binding arbitration before _______________ in the following
location ______________________________________ and the arbitration award may be entered for judgment in any court having
jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $______.
12. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in
writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach
or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of
the State of ____________________.
Terms and Conditions

WoW !!! That sure covers it, but I would hate to present that to someone who I just wanted to take their picture and maybe use it in my portfolio.....
If someone gave me that, I would run like hell.........

acesteward · 07-18-2006, 08:34 AM

lol I can understand what you mean captain tom, but it is close to what I use as well :)