I have a paid shoot set up for tomorrow and today the guys's agent or co=model as he calls himself sent me an "agreement" for me to sign. See below. It eve requires my date and place of birth and to me seems very restroctove. In addition I got a PDF showing all photos in my port he does not wan t to do.
FYI this uss NOT  a nude shoot.
Since I am paying I don't want him controlling the pics I make.. Naturally I would not do any they he feklt uncomnfortabek with. If HE were paying ME I might be inclined to sign this but not when I am oaying. The agreement forbids my posting them on MM or using them in any of my portfolios.

My query is, How common are these agreements which are all one sided in favor if the mdel. Do models expect ot get work with such restrictioins on the employer? Thoughts anyone?
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TEXT OF AGREEMENT
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PHOTO SHOOT AGREEMENT

For good and valuable consideration as detailed herein and below, I,     __XXXXXXX__________________, “stage” name _______________________ hereinafter referred to as the MODEL, and I, ____YYYYYYYY-______________________, “stage” name _________________________ hereinafter referred to as the CO-MODEL, and I, _____Stanley Moore__________________, “business” name _______________________, hereinafter referred to as the PHOTOGRAPHER, enter into this agreement regulating the ownership and use of photographs and derivative works based thereupon (collectively hereafter the "PHOTOS") taken by Photographer of Model on the date of ________May 12th, 2012_________________________ for all lawful purposes, subject to the terms and conditions described below.
This two-page agreement, is offered by the MODEL named hereinabove under the following terms:
FOR PARTIAL NUDE, FULL NUDE, ARTISTIC, IMPLIED and NON-NUDE IMAGES:
1.    The PHOTOGRAPHER will pay for any and all photographic (film and/or digital/electronic) supplies and/or (shooting time and film development) services and/or any other expenses in exchange for the PHOTOGRAPHER’S services.
2.    The PHOTOTGRAPHER will pay the MODEL $   $50       per hour/per day.
3.    All images of the MODEL shall be sent by U.S. Mail, or in hand, to the MODEL in the form of film slides, 4” x 6”, 5” x 7” or 8” x 10” prints, or digitized images on compact disc (CD) or Digital Versatile Disc (DVD) at a minimum of 1000 pixels high or wide, or any combination thereof, saved at the highest quality, at the MODEL’S expense within _2__ week(s) from said photo shoot listed in this release.
4.    Any PHOTO(s) of the MODEL, in whole or in part in its factual format, including, but not limited to digital format, MAY NOT be used in the advertising and/or publicity, including print, film/video, radio, or digital/electronic portfolios (internet/intranet), for the work of the PHOTOGRAPHER unless MODEL provides written consent.
5.    Any PHOTO(s) of the MODEL, in whole or in part, MAY be used and/or reproduced by the MODEL at will and/or by his/her modeling agencies/managers in the course of the MODEL’S self-promotion as a model.
6.    Any image(s) of the MODEL, in whole or in part, provided from the PHOTOGRAPHER’S work, as outlined in this agreement, SHALL NOT be made available for commercial or private use to any person or entity.  If the PHOTOGRAPHER and the MODEL mutually agree that certain images have potential commercial use, a separate agreement shall be signed by both parties to outline such use.
7.    Should the PHOTOGRAPHER intentionally, negligently, or otherwise release or be the source of the release or disclosure of the PHOTOS to any third party without prior written consent from MODEL, the PHOTOGRAPHER shall indemnify the Disclosing Party from any and all losses, claims, damages, attorney’s fees, court costs, response and recovery costs and other costs, of whatever kind or nature, resulting from such release or disclosure. 
8.    This Agreement shall be governed by the laws of the State of Texas
Photographer Initials ______ Model Initials ______ Co-Model Initials _______


PHOTO SHOOT AGREEMENT
(continued)
TO BE COMPLETED BY THE MODEL:
By signing this agreement, I certify that I am age ____, born on month, day and year of  ____________________ in the city and state of ______________________________.
Model’s Signature:                           __    ____ Date: ____/____/____

Printed Name:                                            _____

Stage Name:                                            _____

Address:                                            _____

Phone(s):                                            _____

Email:                                                 _____

TO BE COMPLETED BY THE PHOTOGRAPHER:
By signing this agreement, I certify that I am age ____, born on month, day and year of  ____________________ in the city and state of ______________________________.
Photographer’s Signature:                       __    ____ Date: ____/____/____
Printed Name:                                            _____
Company Name:                                        _____
Address:                                            _____
Phone(s):                                            _____
Email:                                                _____

TO BE COMPLETED BY THE WITNESS:
By signing this agreement, I certify that I am age ____, born on month, day and year of  ____________________ in the city and state of ______________________________.
Co-Model’s Signature:                           __    ____ Date: ____/____/____
Printed Name:                                            _____
Company Name:                                        _____
Address:                                            _____
Phone(s):                                            _____
Email:                                                _____
.........................................................

next

To sum up:

You're paying the model, providing printed photos, signing a usage license that allows the model to do whatever, but restricts what you can do?

IMO, it looks like this was copied and pasted and he didn't bother to edit.

You should print this, bring it with you, and write amendments. Then he can initial the amendments and you can sign.

Is this person who sent you the agreement just starting out?

It's not out of the question to consult a lawyer if you have one. This almost looks like a work-for-hire agreement, where you sign away all your rights to the images.

The advice so regularly offered on MM to models: If you don't agree to the terms, don't do the shoot.

Whats good for the goose...?

No -- that is not just restrictive, it is unreasonable.  If you are paying the model, you should have the option to recover your expenses through sales or licenses, which may include commercial purposes.

Being a "let the universe educate the people" kind of person, I would simply cut off communications immediately.  If asked, I would simply say, "no, thank you".  If asked why you are not interested, I would simply point out that the model's usage license doesn't interest me.

Here you go. Just send this back to them



Simples

Studio36

Reading that is a job itself.

Just explain politely that you are funding, producing and directing the shoot and not in a position to release your work and that if they wish to cancel to do so now, so you can organize the 2nd option model before tomorrow morning.

When they see it's not negotiable and they will lose the actual modelling work, I doubt you will hear a squeak again.

Also a second point.

If the shoot was already drawn up, agreed upon, then escort boyfriends, co-models and grandmothers can not start muscling in at a later stage. Deal directly with the model and continue to do so.

Ummmm, No thank you

You do NOT need this aggravation . . . . . notify the llama directly and inform him as to why you are canceling the shoot.

It's important for him to know that the contract that his 'agent/representative/etc. sent you is the reason why and that you can find many other llamas to give your money to.

KM

Email the llama directly and tell he llama that the form that the "agent" sent over is utterly, completely and totally unacceptable to you.  Period.  No more discusion.  The document looks to me like it was written by some hack, home-brew, jackass.....Seriously, just look at #1..... The Photograpgher is apparently exchanging services with himself.... Jackass stupid.

Then, cancel the shoot and DO NOT reschedule with this llama under ANY circumstance.  Personally blacklist the llama.  He will likely be as problematic as the "manager".....

Then, notify every single photographer you personally know in your area.  Tell them the story (not a single embellishment... Not one.... Not even a tiny one....just the absolute facts).  Send them this agreement as part of your totally factual discussion.... This "model" will soon disappear.

^^^  This above  ^^^

Sita Mae wrote:
To sum up:

You're paying the model, providing printed photos, signing a usage license that allows the model to do whatever, but restricts what you can do?

+1

I wouldn't shoot with them . . . tell them your lawyer advises against it.

Just say "no fucking way". 

This agreement is completely non-standard, written by an amateur, and requires you to pay the llama, provide all images for use for free, and limits your use to non-commercial.  There is no point to paying a llama if you cannot use the images commercially to advertise your business or sell the images to recoup your investment.

You have a full portfolio, why are you paying llamas for any situation where you are not paid by a client? There have to be many more llamas available in your market at reasonable rates without any restrictions.

I dont know of anyone who would sign that agreement. No one.

OP- pardon me, but I went back and looked, you seem to run into a LOT of llamas who have extreme demands. Maybe you need to SERIOUSLY examine your approach methods, you MUST be sending these folks some sort of signal that you are a pushover.

Again, pardon me, I tend to be kinda outspoken, but damn man, grow a pair, you shouldnt even need to ask whether this is acceptable, you know damn well it isnt.

Quit being such a doormat. You are paying for a shoot, you should be the one in charge. Find a llama that suits your needs, willing to shoot YOUR concept. Quit fooling around with these wannabe's, hire someone who will work FOR you.

Good Lord.

Ken Marcus said it best. "there are plenty of other models to give your money too"

A "No thank you" is in order.

O.P. Stop working with amateurs.

I'm going to head downstairs and bring back a can of Sapporo and just groove to this

"The PHOTOGRAPHER will pay for any and all photographic (film and/or digital/electronic) supplies and/or (shooting time and film development) services and/or any other expenses in exchange for the PHOTOGRAPHER’S services. "

gotta love circular logic.  except this ain't even logic. OP gets to pay for their own services. should insert a clause stipulating that AVD's beer (sapporo in a tall can or OB lager in any format) is paid for.

Why would you bother?   The model has never been born that is worth all of that BS - and most of it is a$$-backwards anyway

I provide an image use license with my images (and retained a signed copy) that delineates what a model  or other team member may and may not do with my images - not the other way around....

I wouldn't even bother replying back to them. Just forget them

After I got done laughing, I would tell him to go fuck himself. Too much wrong with this to even discuss.

You can't blame the model for wanting certain things....however....people in hell want ice water too.

agent = sluggo

The model should sign your model release, not the other way around.  That's why you are paying him.