I just recently had a snafu concerning a model who said that I promised them a CD of Touched up imaged from a shoot, when I know that I never give out full sized images, and I was wondering if anyone has had any experience with creating or modifying a contract for FTP work.  I feel that, now more than ever, I need to have a paper contract so that there will be no more misunderstandings.  The model was very gracious, and this situation was resolved quite amicably, but I don not wish to see my name in one of these "Beware of This Photographer" type posts.  Thank you in advance for your input!  ~Jed~

I dunno why u'd be apprehensive about givining her full sized images of herself?  That said, I use standard model release on every single shoot I do.  Otherwise it becomes a he said she said deal   U can always add a simple paragraph or sentence to keep the model happy that states what he/she will receive.

Thank you for your reply.  I did not want to give them full sized images because of the fact that I did the shoot for free and I was hoping to recoup some of my overhead (rent, electricity, etc) by selling the prints on the back side.  Am I the only one doing this?  I always thought that since the shoot was "free" then the model, assuming that the pics were good, would want to purchace prints for their paper book... I guess no one has a real book anymore?!?  ~J~

When you do a TFP shoot, the model is providing their time to get the images they need, not get charged for prints later that are generally assumed to be part of the deal.  Why would they want to pay for something that they are supposed to be getting in return for their services?

You recoup your overhead by posting the images yourself and having her as a reference to get actual paying gigs.  Remember they are doing the shoot for free as well.

Without a model release in effect, a model could take you to court for part (if not all) of the money you made on them that way.  Simply because you did not have a signed release to that effect.  You may also need to explain this to them up front so the model knows what she is agreeing to.

Ok...Thank you.  I guess I can use my generic model release modified for TFP purposes then, right?!?

See the key word here is 'assumed'.  Don't do that or it will create conflict.  Better to spell out exactly what u both do, and get formally on paper.  That way everyone is happy.  These issues are always negotiable, and depend on what the 2 parties want and need.

And yes just modify your standard release.  I actually have a middle section in mine that has blank lines to specify what exactly is being released.  In legal terms this is called the 'performance'.  In that space I write photoshoot and some detail.  I then make sure to explain it all to the model.

I use this is a release when for hatever reason I pay the model for specific projects:

MODEL RELEASE
I, __________________(hereafter "Model"), in consideration of $_______ as full and complete payment for my modeling services do hereby irrevocably authorize  _________________(hereafter "Photographer"), and those acting with Photographer's permission, to use the photographs taken by Photographer of myself on the date of _________________ and derivative works based thereupon (collectively hereafter the "Photos") for all lawful purposes subject to the terms and conditions described herein.
I agree that the aforementioned exchange is for compensation, full receipt of which is hereby acknowledged.
I agree that while I may use the Photos for purposes related to the promotion of my Modeling business, including but not limited to advertising, portfolios, composite cards, exhibitions, contests, and promotional internet web sites, I will not sell publication rights in any or all of the Photos without Photographer's prior written consent.
I acknowledge that Photographer, by virtue of being the creator, owns Photos and may use them for all purposes related to the promotion of Photographer's business, including but not limited to advertising, portfolios, composite cards, exhibitions, contests, internet web sites, publication, sale, and any other lawful purpose without my further consent.
Model hereby releases and agrees to hold harmless Photographer and those acting under his permission, from any liability by virtue of blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the pictures, or in any processing tending toward the completion of the finished product, unless it can be clearly shown that the foregoing was maliciously caused, and produced, and published solely for the purpose of subjecting Model to conspicuous ridicule, scandal, reproach, scorn, and indignity.
Model hereby affirms that all poses, positions and situations enacted in the Photos covered in this release were entered into without force, coercion, or threat whatsoever, and were posed freely by Model with Model's full consent. Model further agrees to hold blameless and free of all accusation of such force or coercion Photographer, his legal representatives, assigns, and those acting under his permission.
Model hereby affirms that his/her date of birth is __________ and that Model is fully able to contract in his/her own name without breach of any prior agreement or applicable law, including but not limited to prior agreements with modeling and talent agencies.
I have read the foregoing prior to its execution and I am fully familiar with and agree to the contents thereof.

And this is my TFCD contract/release:

TFP MODEL RELEASE
I, __________________(hereafter "Model"), in the interest of gaining valuable modeling experience and in exchange for photographs of myself, do hereby irrevocably authorize ______________(hereafter "Photographer"), and those acting with Photographer's permission, to use photographs taken by Photographer of myself on the date of ___________ and derivative works based thereupon (collectively hereafter the "Photos") for all lawful purposes subject to the terms and conditions described herein.
I agree that the aforementioned exchange is for photographs to be delivered to me by Photographer in the quantity and format described as follows:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
I agree that, while I may use the Photos for purposes related to the promotion of my Modeling business, including but not limited to advertising, portfolios, composite cards, exhibitions, contests, and promotional internet web sites, I will not sell publication rights of any or all of the Photos without Photographer's prior written consent.
I acknowledge Photographer owns full copyright of Photos by virtue of being the creator, and may use them for all purposes related to the promotion of Photographer's business, including but not limited to advertising, portfolios, composite cards, exhibitions, contests, publication, and internet web sites without need for further consent.
Model hereby releases and agrees to hold harmless Photographer and those acting under his permission, from any liability by virtue of blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the pictures, or in any processing tending toward the completion of the finished product, unless it can be clearly shown that the foregoing was maliciously caused, and produced, and published solely for the purpose of subjecting Model to conspicuous ridicule, scandal, reproach, scorn, and indignity.
Model hereby affirms that all poses, positions and situations enacted in the Photos covered in this release were entered into without force, coercion, or threat whatsoever, and were posed freely by Model with Model's full consent. Model further agrees to hold blameless and free of all accusation of such force or coercion Photographer, his legal representatives, assigns, and those acting under his permission.
Model hereby affirms that his/her date of birth is ________, that Model is at least 18 years of age and that (s)he is fully able to contract in his/her own name without breach of any prior agreement or applicable law, including but not limited to prior agreements with modeling and talent agencies.
I have read the foregoing prior to its execution and I am fully familiar with and agree to the contents thereof.

Almost forgot, this is what I use when a model hires me to do specific work for her;

Full Image Release
In consideration of $_______, and any referrals of other models or publication offers I may receive due to the use of the images created on __________, I, Carlos Arturo Velarde (the Photographer) do hereby give ________________ (the Model), his or her assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use the images created on these dates, copies of which are given to the model on CD, in all forms and in all media and in all manners for advertising, trade, promotion, exhibition, publication, sale, and any other lawful purposes of self-promotion, and I waive any right to further remuneration or participation in profits resulting from sales or any jobs she may be offered because of these images, but requiring that I be given photographer credit in all publications of said images except where the publisher requires the removal of said credit.
I hereby release and agree to hold harmless the Model, his or her assigns, licensees, successors in interest, legal representatives and heirs from any liability by virtue of any blurring, distortion, alteration, or use in composite form, whether intentional or otherwise, that may occur or be produced in the reproduction or (re)printing of the photographs, or in any processing tending toward the completion of the finished product, unless it can be shown that they and the publication thereof were maliciously caused, produced, and published solely for the purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn, or indignity.
I do reserve the right to use these images in my print, online, and electronic portfolios, and for any lawful purpose of self-promotion including publication to freely accessible online portfolios. The images covered by this release are all in a folder called “To Printâ€? in the CD dated as above.
I am of full age and competent to sign this release.  I agree that this release shall be binding on my legal representatives, my heirs, assigns, and me.  I have read this release and am fully familiar with its contents.

The three forms used by Carlos (see his postings) seem to me to be the right way to go for any shoot.  In my personal opinion, they are a great start for any photographer.  Spelling out the details of what the photographer is providing in the tfp/tfcd is definitely the way to go.

any hassles involved in drawing up a case-by-case/modified release pale in comparison to the hassles involved in handling "miscommunications" that may ensue from not doing so.

I have a two page 15 point "List of Expectations" that I give to subjects at the planning meeting, before scheduling a TFP session.  It specifies in some detail what the expectations are of the photographer and model, and in particular who gets what from whom, and when they get it.  It’s not super detailed, but it tries to provide enough detail so that no one is blind-sided by unstated expectations.   I think it's very helpful and avoids miscommunication.  If someone has a problem with the expectations, I find out about it long before the session takes place.  The problems either get resolved to everyone's satisfaction before the session is scheduled, or we part ways very early in the process.

Paul

FYI, even if it is a TFP, pay the model $1.00, this will make it legal with an agreed
amount.  Make it a personal check so you will have a reciept of he/she cashs it,
make a copy or get a copy from the bank and attached it to the model release.
Also every shoot needs a release and a seperate payment.  Even if the model is
a friend.  Get the release before the shoot starts not after,
Hope this helps.
Harry

file transfer protocol?

I never release hi res images either. I either give him or her websized edited images on disc, or prints, or a few of each. The purpose of the shoot is mutual portfolio development. I do not release any images but the final, it is not a model's job to edit, IMO. I see no reason to lose the rights to that image by giving the hi res, so they can sell as many copies as they want and make money from my image when I don;t get squat, meanwhile I am paying for my equipment and facilities.