Forums > Photography Talk > Underage model?

Photographer

Jamtron Studio

Posts: 1066

Venice, Florida, US

I was contacted by a 16 year old male interested in doing sports type photos. He also mentioned A&F type underwear shots. I told him he's too young to sign a release and would need a guardian to sign one. I'm not sure about doing this. Does a parent or guardian need to be present at the shoot? I've only shot underage once, and the girls parents were both present. He's got a good look and I think I could get some port worthy shots, but am concerned it may be more trouble that it's worth.

Nov 26 10 06:25 am Link

Photographer

Duane Allen Rusty Halo

Posts: 1000

Colorado Springs, Colorado, US

Good Moring Officer YES hands behind my vack and a PERP walk for thr Media ...
RUN run runaway!

Nov 26 10 06:30 am Link

Photographer

Intervalia Studio One

Posts: 96

Halifax, Nova Scotia, Canada

Just check his references. If he's shot with other reputable photographers, you shouldn't have a problem.

Nov 26 10 06:31 am Link

Photographer

George ephrem

Posts: 981

Jacksonville, Florida, US

be smart... wouldn't do it

Nov 26 10 06:32 am Link

Photographer

Liteguy

Posts: 374

Pittsburgh, Pennsylvania, US

Your right about him being too young to sign the release. A minor cannot enter into a contract without a parent or legal guardian present.

Without a parent present to countersign the release, its not a legal document.

Nov 26 10 06:33 am Link

Photographer

S W I N S K E Y

Posts: 24376

Saint Petersburg, Florida, US

keep it age appropriate and they'll be no issues...

Nov 26 10 06:33 am Link

Photographer

J Welborn

Posts: 2552

Clarksville, Tennessee, US

Just suggest he go to Craigs list or alt.com he can find what he wants in either place . He will meet like minded people smile

Nov 26 10 06:34 am Link

Photographer

Jay Farrell

Posts: 13408

Nashville, Tennessee, US

S W I N S K E Y wrote:
keep it age appropriate and they'll be no issues...

Yup, no big taboo there.

Nov 26 10 06:37 am Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

Liteguy wrote:
Your right about him being too young to sign the release. A minor cannot enter into a contract without a parent or legal guardian present.

Without a parent present to countersign the release, its not a legal document.

I love when people generalize when they say that a model, under 18 can't sign a release.  There is a little bit of irony here.  The OP is in Florida which is a state with some interesting laws, and more importantly, some interesting court decisions.

If you are going to shoot with a minor in Florida, a little head's up.  Since I am not a lawyer, I am not going to give you advice other than this.  Do to a strangeness in Florida law, there are times, when you need to get the signature of the parent for the release to be binding.  There are also circumstances where the parent's signature will be invalid and ONLY the signature of the competent, minor model iss acceptable.  It is strange law which deals with consideration, employment and the rights of the parent to bind their minor child for non-contractual consent.  If you are serious about workign with a mior, you should talk to a Florida attorney to get an explanation as to whose signature, the parent or the underage model is required, and under what circumstnaces.

Anyhow, I am not commenting on the underwear, or whether it is appropriate, but it is interesting.  Florida is a state where you have to be careful.  Unlike most states, in Florida, sometimes you have to get the minor to sign, rather than the parent, or perhaps, both of them (meaning that a parental signature would at least show consent).

Nov 26 10 06:40 am Link

Photographer

Jeffrey Blake Adams

Posts: 609

Jacksonville, Florida, US

Parent or LEGAL guardian must sign release and be present. Don't gamble your biz or freedom on "should be ok" do it right and no worries.

Nov 26 10 06:43 am Link

Photographer

Jeffrey Blake Adams

Posts: 609

Jacksonville, Florida, US

Jeffrey Blake Adams wrote:
Parent or LEGAL guardian must sign release and be present. Don't gamble your biz or freedom on "should be ok" do it right and no worries.

Oh, and no, I would suggest NO underwear shots, why risk any crazy accusations? Age appropriate is the only way to go.

I shoot anything legal, meaning whatever a client wants that's legal, -age appropriate for those involved.

Nov 26 10 06:45 am Link

Photographer

R A V E N D R I V E

Posts: 15867

New York, New York, US

good luck.

Nov 26 10 06:47 am Link

Photographer

Photography by Riddell

Posts: 866

Hemel Hempstead, England, United Kingdom

In the UK as far as I know it is not an issue for a 16 yo to sign a model release, under 16, yes. Though I would be much more comfortable with them having an adult present and for an under 16 would not shoot without one.

However regardless of the model release photographing a 16yo in underwear is a major grey area and just something to distance yourself from

Nov 26 10 06:49 am Link

Photographer

Un deux trois

Posts: 509

Biggleswade, England, United Kingdom

Photography by Riddell wrote:
However regardless of the model release photographing a 16yo in underwear is a major grey area and just something to distance yourself from

Why ?   16 year olds wear underwear ( when they're not having sex ).

It is ONLY a major grey area if you let it be.

Nov 26 10 06:54 am Link

Photographer

Tropical Photography

Posts: 35564

Sarasota, Florida, US

If you like his look, it's something you want to do, then DO IT!!  The paranoia that continues is amazing..  As Doug said keep it age appropriate and you're not going to have an issue. As for the release, or as I refer to it, a written acknowledgement of what the client will receive and that they were aware of the content of the shoot, I have BOTH sign.  Not out of paranoia, but simple to show that ALL parties were aware of what would be provided.


It really is amazing how many people seem to forget fashion models start at a very young age and nobody seems to be getting in trouble. And some of those outfits are sheer or loose and provide a view.. If it makes you feel better, have an assistant along.. But legally, there's nothing wrong with the shoot.

Nov 26 10 06:54 am Link

Photographer

Tropical Photography

Posts: 35564

Sarasota, Florida, US

Jeffrey Blake Adams wrote:
Parent or LEGAL guardian must sign release and be present. Don't gamble your biz or freedom on "should be ok" do it right and no worries.

MUST be present??  Can you cite the law that requires this?  I've lived in Florida for 46 years and I'm not aware of any. You do realize that a good many senior photo sessions do not have a parent at the session, right? Are those companies in legal trouble?  I think not..

Nov 26 10 06:57 am Link

Photographer

Tropical Photography

Posts: 35564

Sarasota, Florida, US

Photography by Riddell wrote:
In the UK as far as I know it is not an issue for a 16 yo to sign a model release, under 16, yes. Though I would be much more comfortable with them having an adult present and for an under 16 would not shoot without one.

However regardless of the model release photographing a 16yo in underwear is a major grey area and just something to distance yourself from

Hmmmm, so I'm guessing the likes of WalMart, Target, Sears, J.C. Penny, Kmart, etc are going to be in an assload of trouble for photographing minors in underwear.. And yet, they photograph REALLY young kids in underwear and swimsuits ALL the time...

Nov 26 10 07:06 am Link

Photographer

Halcyon 7174 NYC

Posts: 20109

New York, New York, US

I suggest shooting with a female producer in a remote or controlled location with a proper photo permit and a non-refundable 50% deposit.

Nov 26 10 08:47 am Link

Photographer

Jiminya DallzBeep

Posts: 539

Worcester, Massachusetts, US

SitronStudio wrote:
I was contacted by a 16 year old male interested in doing sports type photos. He also mentioned A&F type underwear shots. I told him he's too young to sign a release and would need a guardian to sign one. I'm not sure about doing this. Does a parent or guardian need to be present at the shoot? I've only shot underage once, and the girls parents were both present. He's got a good look and I think I could get some port worthy shots, but am concerned it may be more trouble that it's worth.

I'd say "PASS" on any underaged people.
Use people over 18 and avoid problems. Cover your own ass, no one else will.

Nov 26 10 09:08 am Link

Photographer

StudioJoe

Posts: 155

Newport, Ohio, US

George ephrem wrote:
be smart... wouldn't do it

Agreed. I won't do it, too much hassle to much to worry about.

Nov 26 10 09:13 am Link

Photographer

Gaze at Photography

Posts: 4371

Hilton Head Island, South Carolina, US

A bunch of fear mongering wimps....  For crying out loud....

Nov 26 10 09:14 am Link

Photographer

S W I N S K E Y

Posts: 24376

Saint Petersburg, Florida, US

George ephrem wrote:
be smart... wouldn't do it

StudioJoe wrote:
Agreed. I won't do it, too much hassle to much to worry about.

YAY a big WIN for the paranoia and fear mongers!!!!

they have scared someone out of doing something totally legal....YAY!!!!

god bless america!!!

~ we dont deserve our own constitution...

Nov 26 10 09:17 am Link

Photographer

Jiminya DallzBeep

Posts: 539

Worcester, Massachusetts, US

S W I N S K E Y wrote:
god bless america!!!

I agree and I hope he does. smile We need his blessings more now than ever.

Nov 26 10 09:19 am Link

Photographer

S W I N S K E Y

Posts: 24376

Saint Petersburg, Florida, US

Jiminya DallzBeep wrote:
I agree and I hope he does. smile We need his blessings more now than ever.

yeah, cause we are becoming a nation of spineless pussies...

Nov 26 10 09:23 am Link

Photographer

Jiminya DallzBeep

Posts: 539

Worcester, Massachusetts, US

S W I N S K E Y wrote:

yeah, cause we are becoming a nation of spineless pussies...

True dat! big_smile

Nov 26 10 09:24 am Link

Photographer

Digital Hands

Posts: 928

Milton, Ontario, Canada

I believe it is okay to shoot underage with underwear.

The important thing is what will you do with the images? The law may check with you about the images. Selling? or personal use?

Nov 26 10 09:33 am Link

Photographer

DEP E510

Posts: 2046

Miramar, Florida, US

David Gaze wrote:
A bunch of fear mongering wimps....  For crying out loud....

I don't think it's a matter of "fear-mongering wimps"...

It's a matter of knowing that ANYTHING involving people under 18 in underwear is dangerous.

In fact some girls were recently arrested and charged for "kiddy porn" because they texted images of THEMSELVES in UNDERWEAR.

And they were 16.

Nov 26 10 09:40 am Link

Photographer

DEP E510

Posts: 2046

Miramar, Florida, US

double post

Nov 26 10 09:40 am Link

Model

London Sinclair

Posts: 156

Oxford, Michigan, US

FACT: Just because a parent is not there does not mean you can't photograph a subject that is 16 or 17

Nov 26 10 09:42 am Link

Model

London Sinclair

Posts: 156

Oxford, Michigan, US

DEP E510 wrote:

I don't think it's a matter of "fear-mongering wimps"...

It's a matter of knowing that ANYTHING involving people under 18 in underwear is dangerous.

In fact some girls were recently arrested and charged for "kiddy porn" because they texted images of THEMSELVES in UNDERWEAR.

And they were 16.

can you send me a link to this please.

Nov 26 10 09:49 am Link

Photographer

DEP E510

Posts: 2046

Miramar, Florida, US

London Sinclair wrote:

can you send me a link to this please.

I wish.

Don't remember where I read it...

Nov 26 10 10:06 am Link

Photographer

Photography by Riddell

Posts: 866

Hemel Hempstead, England, United Kingdom

Reiner Schutz Fashion wrote:

Why ?   16 year olds wear underwear ( when they're not having sex ).

It is ONLY a major grey area if you let it be.

It becomes a grey area, because some would see it as sexual titulation.

If I see Kylie Minogue in her underwear, that is sexy, and there are unfortunatly other people who see younger models in the same way.

And those laws have been placed there to protect children its as simple as that.

Nov 26 10 10:11 am Link

Photographer

Kevin Connery

Posts: 17824

El Segundo, California, US

OP, take a look at some of the other threads about working with minors.

You will probably notice some recurring themes:

Some people will insist it's 100% unlawful, immoral, and fattening.
Some people will insist it's perfectly safe.
Some people will note the differences between legal, safe, and wise.

This is an area where many peoples' beliefs are at odds with the law, yet many of them insist that There Is A Law, apparently because they feel there should be one.

Threads about Minor Models

General Industry > Question on shooting minors...
General Industry > 17 = trouble?? WTF!!
General Industry > Photographing minors without a consent release (4+ pages)
General Industry > shooting underage models (NON-nude, not implied)
General Industry > shooting a minor????
General Industry > So this underage girl wants a shoot.. (3+ pages)
General Industry > Photographing minors
General Industry > OH no. Minor's parents left!
General Industry > Under Age Models (Why are they even on MM?)
General Industry > Shooting Models Under 18....
Model Matters > Underage Models (3+ pages)
Model Matters > working with minors
Model Matters > Underage models for implied shoots?!
Model Colloquy > Legalities, Being a Minor, and General Ignorance
Photography Talk > Shooting an Underage model - Rules and Regulation (Casual/Old Navy)
Photography Talk > Ever feel baited by a minor?
Photography Talk > Minor situation...
Photography Talk > Legal issues while working with minors?
Photography Talk > Shooting with minors (Laws)
Photography Talk > Minors and other legal issues. Criminal vs. Civil
Photography Talk > underage models
Photography Talk > Underage models? Never again.. (6+ pages)
Photography Talk > One Minor Model Thread To Rule Them All...
Photography Talk > Models underage... (who works with them?)
Photography Talk > 17 Year old Models (Headshots, portraits, etc.)
Photography Talk > Do you limit yourself from working with minors? (Including ‘senior photography’)
Photography Talk > Underage models in Europe
Photography Talk > Models age question (Cars and bikinis)

Nov 26 10 10:18 am Link

Photographer

DEP E510

Posts: 2046

Miramar, Florida, US

Photography by Riddell wrote:

It becomes a grey area, because some would see it as sexual titulation.

If I see Kylie Minogue in her underwear, that is sexy, and there are unfortunatly other people who see younger models in the same way.

And those laws have been placed there to protect children its as simple as that.

The laws were NOT enacted to protect "children."

In fact most places have sexual consent laws well under 18, but any remotely revealing photography has to be 18 or over...

To say that people under 18 are old enough for sex, but not underwear modelling is dubious at best...

Nov 26 10 10:22 am Link

Photographer

Falater Photography

Posts: 371

Los Angeles, California, US

Kevin Connery wrote:
OP, take a look at some of the other threads about working with minors.

You will probably notice some recurring themes:

Some people will insist it's 100% unlawful, immoral, and fattening.
Some people will insist it's perfectly safe.
Some people will note the differences between legal, safe, and wise.

This is an area where many peoples' beliefs are at odds with the law, yet many of them insist that There Is A Law, apparently because they feel there should be one.

I agree, it's been done to death and most people just spout their opinions and have no knowledge of the actual law.

I shoot under 18 all the time and I have the parent present and don't have any problems. In many cases, they are easier to work with than older models.

A 16 year old in his underwear is fine. Just don't have him rubbing his crotch or anything overly provocative.

Nov 26 10 10:27 am Link

Photographer

Falater Photography

Posts: 371

Los Angeles, California, US

DEP E510 wrote:

Photography by Riddell wrote:
In fact most places have sexual consent laws well under 18, but any remotely revealing photography has to be 18 or over...

Has to be? Not true. There are examples of nude pictures people under 18 all over the place.

As a side note, go watch Pretty Baby and you'll see Brooke Shield fully nude at age 12 numerous times throughout the movie.  It's on DVD at Blockbuster.

It's a great movie about a girl growing up in a whorehouse in the late 1800's. Has Susan Sarrandon as her mom.  The sets and costumes are fantastic. The madam of the house is very old but funny, at one point, she hits a john over the head with a hammer when he gets out of line. Also has a photographer who takes pictures of the whores and ends up marrying the young girl.  Watching the movie really gives you a feel of what life was like back then. Great movie.

Nov 26 10 10:35 am Link

Photographer

Chanel Rene

Posts: 6780

Huntington Beach, California, US

Jeez people!
What's with all the fear mongering??

OP, just use common sense.
When dealing with a minor model from MM, I ask for their parent's number. We discuss the shoot, the wardrobe, the location, etc. Then book the shoot.
Parent's come to the studio or location, we go over everything again, and they choose whether they want to stay for the shoot or go and come back.
Then we shoot.
During the shoot, I do make sure to communicate with the parent if I feel them hovering. But in most cases, the mom just sits and browses through magazines and lets me do my thing.

Maybe it's because I'm a female photographer... I just don't have any issues with parents. I've had agencies send me girls as young as 13 and ask for them to be shot in edgy fashion look. I keep it age appropriate, but I'm not going to tip toe and shoot them like a smiling child if that's not what the shoot calls for.

Why be scared and miss out on shooting with someone you like?

Nov 26 10 10:35 am Link

Photographer

Falater Photography

Posts: 371

Los Angeles, California, US

Chanel Rene wrote:
Jeez people!
What's with all the fear mongering??

OP, just use common sense.
When dealing with a minor model from MM, I ask for their parent's number. We discuss the shoot, the wardrobe, the location, etc. Then book the shoot.
Parent's come to the studio or location, we go over everything again, and they choose whether they want to stay for the shoot or go and come back.
Then we shoot.
During the shoot, I do make sure to communicate with the parent if I feel them hovering. But in most cases, the mom just sits and browses through magazines and lets me do my thing.

Maybe it's because I'm a female photographer... I just don't have any issues with parents. I've had agencies send me girls as young as 13 and ask for them to be shot in edgy fashion look. I keep it age appropriate, but I'm not going to tip toe and shoot them like a smiling child if that's not what the shoot calls for.

Why be scared and miss out on shooting with someone you like?

I completely agree with Chanel. I shoot minors all the time and that's usually how it goes.

Check out my younger models page of website:

http://falaterphotography.com/Photograp … /index.htm

Nov 26 10 10:39 am Link

Photographer

Jay Kilgore

Posts: 798

Edina, Minnesota, US

S W I N S K E Y wrote:

George ephrem wrote:
be smart... wouldn't do it

YAY a big WIN for the paranoia and fear mongers!!!!

they have scared someone out of doing something totally legal....YAY!!!!

god bless america!!!

~ we dont deserve our own constitution...

Swinskey for president!!

Nov 26 10 10:41 am Link

Photographer

Jay Kilgore

Posts: 798

Edina, Minnesota, US

S W I N S K E Y wrote:

yeah, cause we are becoming a nation of spineless pussies...

I second the original nomination....if I can? Or would I just cancel myself out?

wink

Nov 26 10 10:43 am Link