Photographer

David Holloway

Posts: 713

Liberty Lake, Washington, US

Hello everyone... I hear everyone talking about contracts for MUA and such and I was wondering where can I find those types of contracts? Is the a generic form in a book or cd-rom?

I have model releases but nothing for anyone else.

Thanks for your time.

D.

May 23 05 11:03 am Link

Photographer

XtremeArtists

Posts: 9122

Three points:

1. You said you heard everyone talked about this. I have not. Are you saying I'm a nobody?

2. All the voices you hear talking about MUA contracts: do they come from your computer speaker, or are they internal?

3. Seriously, here is a link that was posted elsewhere on this site. It has several contracts you could possibly use as a starting point:
http://www.wyndfeather.com/filmandvideo … _forms.asp

May 23 05 12:02 pm Link

Photographer

David Holloway

Posts: 713

Liberty Lake, Washington, US

What was your name again?

The voices are supposed to come from the computer??

LOL...... Thanks for the link...and the help..

May 23 05 12:07 pm Link

Photographer

not here anymore.

Posts: 1892

San Diego, California, US

The contract is the email I send them, lmao.

May 23 05 12:58 pm Link

Model

theda

Posts: 21719

New York, New York, US

So you both sign the email?

May 23 05 01:02 pm Link

Makeup Artist

Reese

Posts: 1136

Newport News, Virginia, US

Posted by * Visual Mindscapes *: 
The contract is the email I send them, lmao.

I have to admit, I have never had a problem with a photographer letting me use selected images...  We never use a contract (the joy of being in such a tiny market area). They know that the MUA is only using them for portfolios, not for any sort of monetary gain.  We don't exactly run out an make 24 x 36 posters of some random model. We are pretty non-threatening...

May 23 05 01:09 pm Link

Photographer

not here anymore.

Posts: 1892

San Diego, California, US

Posted by theda: 
So you both sign the email?

No need to sign it, it stated directly in the email what I will be sending them.

May 23 05 01:12 pm Link

Model

theda

Posts: 21719

New York, New York, US

It's not a valid contract unless all parties have agreed to it. Getting a signature is a method of proving that there is an agreement. David wants something in writing to prove that terms were agreed upon. An email from one party wouldn't do that. That's not a contract. That's just an email.

May 23 05 01:16 pm Link

Photographer

not here anymore.

Posts: 1892

San Diego, California, US

Posted by theda: 
It's not a valid contract unless all parties have agreed to it. Getting a signature is a method of proving that there is an agreement. David wants something in writing to prove that terms were agreed upon. An email from one party wouldn't do that. That's not a contract. That's just an email.

On my model release forms, I don't sign a damn thing.  Why should I?

May 23 05 01:19 pm Link

Model

theda

Posts: 21719

New York, New York, US

Posted by * Visual Mindscapes *: 
On my model release forms, I don't sign a damn thing.  Why should I?

I feel like I may be banging my head against a wall. You don't need to sign a model release because you're not the model and you're not the one agreeing to anything. A model release stipulates no responsibility for the photographer. If there are responsibilities of the photographer included in the release, your models should make sure you sign it.

Would you settle for a quick email froma model saying "sure you can use pictures of me!" instead of getting a signed release?

May 23 05 01:26 pm Link

Photographer

not here anymore.

Posts: 1892

San Diego, California, US

Posted by theda: 
I feel like I may be banging my head against a wall. You don't need to sign a model release because you're not the model and you're not the one agreeing to anything. A model release stipulates no responsibility for the photographer. If there are responsibilities of the photographer included in the release, your models should make sure you sign it.

Would you settle for a quick email froma model saying "sure you can use pictures of me!" instead of getting a signed release? 

So why do I need to sign a release for a MUA again?

May 23 05 01:28 pm Link

Photographer

Posts: 5264

New York, New York, US

This all seems to be a bit over worrisome for me.

But not signing,  how would that differ from a video tape or audio tape of a verbal agreement?

Sorry if the question is  pain in the neck question.

Interesting topic which I have actually been thinking about lately.  I think much of the legalness is diffused based on the none use of a person's face or recognizable image of them. 

The fact that the makeup artist is making art and the use to it is a question.  I think a bit much.

But then I am used to agencies and no releases for tests.  I also believe that I would have a good arguement in court that by showing up there is an inherent contract being entered into.  Sort of a defacto verbal/physical contract,  if you do not want the photos used then why were you there?

May 23 05 01:32 pm Link

Model

theda

Posts: 21719

New York, New York, US

Posted by * Visual Mindscapes *: 
So why do I need to sign a release for a MUA again?

I'm going to start crying. I know. David was asking about a CONTRACT. Contract and release are not synonyms. You wouldn't have a release for a MUA because the MUA isn't surrendering any rights of privacy or publicity.

May 23 05 01:32 pm Link

Photographer

not here anymore.

Posts: 1892

San Diego, California, US

Posted by theda: 
I'm going to start crying. I know. David was asking about a CONTRACT. Contract and release are not synonyms. You wouldn't have a release for a MUA because the MUA isn't surrendering any rights of privacy or publicity.

So a release isn't a contract?  What's on the release that doesn't make it a contract?  What's the difference between the contract I sign for the MUA and a release I have the model sign?

May 23 05 01:35 pm Link

Model

theda

Posts: 21719

New York, New York, US

I guess you could use a recording of a verbal contract, but I'm actually not sure if audio and visual recordings are considered admissable evidence.

But you're right. That's why a MUA wouldn't sign a release, but her terms of employment may be spelled out in a contract.

You might have an argument that there is a de facto agreement just because the model showed up, but what are the terms of that agreement? Spellling it out on paper is much cleaner.

Posted by marksora: 
This all seems to be a bit over worrisome for me.

But not signing,  how would that differ from a video tape or audio tape of a verbal agreement?

Sorry if the question is  pain in the neck question.

Interesting topic which I have actually been thinking about lately.  I think much of the legalness is diffused based on the none use of a person's face or recognizable image of them. 

The fact that the makeup artist is making art and the use to it is a question.  I think a bit much.

But then I am used to agencies and no releases for tests.  I also believe that I would have a good arguement in court that by showing up there is an inherent contract being entered into.  Sort of a defacto verbal/physical contract,  if you do not want the photos used then why were you there?

May 23 05 01:39 pm Link

Model

theda

Posts: 21719

New York, New York, US

Posted by * Visual Mindscapes *: 
So a release isn't a contract?  What's on the release that doesn't make it a contract?  What's the difference between the contract I sign for the MUA and a release I have the model sign?

*Double sob*

Joey, do you know what a syllogism is?

A release is a type of a contract. It's a one-sided contract. But there are many, many different types of contracts. The terms contained in a model release and the terms in a MUA's employment contract would be completely different since they are doing different jobs and the paperwork would protect against different liabilities.

May 23 05 01:43 pm Link

Photographer

not here anymore.

Posts: 1892

San Diego, California, US

Posted by theda: 
*Double sob*

Joey, do you know what a syllogism is?

A release is a type of a contract. It's a one-sided contract. But there are many, many different types of contracts. The terms contained in a model release and the terms in a MUA's employment contract would be completely different since they are doing different jobs and the paperwork would protect against different liabilities.

If I put up a contract for a MUA, why would I need her to sign it?  Wouldn't it just be me signing it?  If so, would it be a release?

lol

May 23 05 02:10 pm Link

Model

theda

Posts: 21719

New York, New York, US

Posted by * Visual Mindscapes *: 
If I put up a contract for a MUA, why would I need her to sign it?  Wouldn't it just be me signing it?  If so, would it be a release?

lol

Are you kidding?

May 23 05 02:17 pm Link

Makeup Artist

Reese

Posts: 1136

Newport News, Virginia, US

:::Reese watches post:::

Interesting direction this going...

May 23 05 02:27 pm Link

Photographer

Uvision Media LLC

Posts: 440

Central Square, New York, US

Posted by * Visual Mindscapes *: 

Posted by theda: 
*Double sob*

Joey, do you know what a syllogism is?

A release is a type of a contract. It's a one-sided contract. But there are many, many different types of contracts. The terms contained in a model release and the terms in a MUA's employment contract would be completely different since they are doing different jobs and the paperwork would protect against different liabilities.

If I put up a contract for a MUA, why would I need her to sign it?  Wouldn't it just be me signing it?  If so, would it be a release?

lol

LMAO I wonder how many times they will try to answer your questions give that you're just toying with them?

May 23 05 02:29 pm Link

Model

theda

Posts: 21719

New York, New York, US

Posted by Rafael  Alvarez: 
LMAO I wonder how many times they will try to answer your questions give that you're just toying with them?

Your faith is stronger than mine, indeed.

May 23 05 03:07 pm Link

Photographer

David Holloway

Posts: 713

Liberty Lake, Washington, US

I am just looking for some type of contractual agreement for anyone other than the model (I already have model releases).

If I ever work with an MUA or other person I would like something in writing that spells out what is expected and the compensation involved.

Just looking for help in the area of these written agreements, that way I am protected from possible legal problems.

May 23 05 04:26 pm Link

Photographer

not here anymore.

Posts: 1892

San Diego, California, US

Posted by Rafael  Alvarez: 
LMAO I wonder how many times they will try to answer your questions give that you're just toying with them?

Stop giving away my secrets.  It takes alway all the fun.

May 23 05 07:46 pm Link

Photographer

C00P

Posts: 536

Anaheim, California, US

David, I have several contracts I use for MUAs.
For shoots where I'm paying them, an independent contractor agreement for their work on the project and a usage agreement if they want to use shots for their book.
For TFx shoots, I use one very similar to the models.

There is a book (Business and Legal Forms for Photographers, ISBN 158115206X) that has a lot of forms, their explanations, and a CD with forms.

May 24 05 03:23 pm Link

Photographer

David Holloway

Posts: 713

Liberty Lake, Washington, US

I have the book and will start reading it. Is there someplace to get a form similar to a model release that you describe? Thanks everyone for your patience... Being new to this whole thing can seem overwhelming.

David

May 24 05 07:33 pm Link

Photographer

C00P

Posts: 536

Anaheim, California, US

David, pm me your email address and I'll shoot you a copy of my TFP agreement.

May 24 05 10:09 pm Link