Forums > Hair, Makeup & Styling > body painting contract - clause for model's safety

Body Painter

DannyS at DenArt

Posts: 2107

Brooklyn, New York, US

Body painters,

when you bring the models for a gig, do you have a clause in your contract regarding their safety?

I'm doing one for a party next week. The models will need to serve shots to the guess. Since they'll be topless, i want to make sure that they can walk away and still get the full pay if the any of the guests does anything inappropriate.

I'm wondering how you deal with this and if you add this to your contract, can you give me an idea of what it says?

thanks,

Danny

Sep 12 10 01:04 pm Link

Photographer

Good Egg Productions

Posts: 16713

Orlando, Florida, US

DEN ART NY wrote:
Body painters,

when you bring the models for a gig, do you have a clause in your contract regarding their safety?

I'm doing one for a party next week. The models will need to serve shots to the guess. Since they'll be topless, i want to make sure that they can walk away and still get the full pay if the any of the guests does anything inappropriate.

I'm wondering how you deal with this and if you add this to your contract, can you give me an idea of what it says?

thanks,

Danny

This is something that needs to be worked out between the representative of the models and the organizer of the event.  If the representative is you, then YOU need to have an agreement with the organizer.  And the agreement is whatever the two of you negotiate.  If you are NOT the representative of the models, it's not your problem.

Sep 12 10 01:07 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

Define inappropriate?  How do you deal with the liability that you might have if something imappropriate occurs?  It seems to me that, potentially, your problems could be a lot more than just worrying about getting the model paid if you are the one arranging for the model.

Sep 12 10 01:17 pm Link

Photographer

Trulives Photography

Posts: 288

Edmonton, Alberta, Canada

If you are representing the models, I would recommend that you craft some language that defines what is 'acceptable' behavior and what is not, as well as the actions you will take in the event that unacceptable behavior occurs.
For example:

1. The [customer] agrees that no person shall touch, harass or make inappropriate comments to [models], including (describe what you don't like here).

2. The customer agrees that any inappropriate action may result in the immediate termination of [model's] services.

3. In the event that [model] services are terminated for any inappropriate action, the [customer] shall be responsible for the full compensation for said [model] services.

The language obviously needs to be tightened up, but  the principle is simple: State what you will and won't tolerate, then state what will happen if the customer (or others) violate that agreement.

This is no different than the contract that many entertainers work under: if the customer fucks up, the talent still gets paid.

My $0.02

Cheers!

Cb

Sep 12 10 01:33 pm Link

Body Painter

Lisa Berczel

Posts: 4132

New Castle, Pennsylvania, US

DEN ART NY wrote:
Body painters,

when you bring the models for a gig, do you have a clause in your contract regarding their safety?

I'm doing one for a party next week. The models will need to serve shots to the guess. Since they'll be topless, i want to make sure that they can walk away and still get the full pay if the any of the guests does anything inappropriate.

I'm wondering how you deal with this and if you add this to your contract, can you give me an idea of what it says?

thanks,

Danny

Can of worms, my friend.

If you're hiring the talent, you need to pay them regardless of how the gig goes down.

So, get that payment up front.


Here's a Clause from my contract:
7.    The Artist reserves the right to interrupt or terminate the entertainment, or any portion thereof, if during the entertainment performance, the Artist determines, in its sole discretion, that such action is warranted to maintain security or compliance with Federal, State or local laws. Such action, in and of itself, shall not affect the Client’s obligation for payment under the terms of this contract; provided, however, that payment may be withheld if such interruption or termination is necessary due to a failure by the Artist to observe Client policies of which it has been informed.

Edit.
Make friends with Security and have your own "lookout" as well. I also figure out who the veteran is on the Server's team and have "the talk" about what is and is not acceptable behavior and what the "exit strategy" is.

With body paint, we have a few advantages.
1) Oh! I don't want to get paint all over you!
2) Oh, my paint will smear!
3) Oh! My! I have to go get a touch up....

May be a total White Lie... but it gets the Server OUT of the situation.

Everyone knows to come back to me for that "touch up" when they need to extricate themselves from a perv. This strategy works really well, even with VIPs and "Bosses". I read the face and take as long as the situation requires.

Don't get me wrong, even with this strategy I've had events go south beyond all repair.

One of the reason's I'm inclined to decline club work.

Sep 12 10 03:59 pm Link

Body Painter

JZino

Posts: 272

Buffalo, New York, US

I was really curious as to how to handle this type of situation too. Thanks for posting, Lisa! That was really helpful!

Sep 12 10 09:40 pm Link

Body Painter

BodyPainter Rich

Posts: 18107

Sacramento, California, US

Lisa is spot on.

MAKE FRIENDS WITH SECURITY

I always try to introduce the models to the Security team right before the event. When the models are already wearing the paint...the Security team is more likely to pay attention...once they know and recognize each other, I find that security will often get very protective of the dancers because they have met them as human beings and realize that they are more exposed than what is usually normal.

The only problems I've had are with drunk guests. This is one reason why I try to have on stage/off stage areas if I know heavy drinking is going to happen.

Sep 12 10 11:09 pm Link

Body Painter

Sweet Loretta

Posts: 283

Sacramento, California, US

My first thoughts too - if you are concerned about safety you should provide security.

And you indeed may have more problems than you are noting here .......IF something where to happen. Be sure you have professional models, so they too know how to handle being in a crowd with wearing body paint.

Sweet Loretta
www.sweet-loretta.com

Sep 13 10 08:59 am Link

Body Painter

Airballin

Posts: 326

Oakland, California, US

I always do this.....

BodyPainter Rich wrote:
MAKE FRIENDS WITH SECURITY

I always try to introduce the models to the Security team right before the event. When the models are already wearing the paint...the Security team is more likely to pay attention...once they know and recognize each other, I find that security will often get very protective of the dancers because they have met them as human beings and realize that they are more exposed than what is usually normal.

Fortunate for me, in my area I'm known as "The naked lady guy"...lol  so pretty much all the security people in my area know me (its usually always the same guys different venues, different nights). So they are already on point to look out for the girls I use and make sure its a consistent safe environment for models. Also since its semi-naked pretty girls involved, I am never at a lack of male friends who just want to tag along to the events with me, and I use them to cruise the event also keeping an eye out for the girls. A drink or two, a name on a guest list goes a long way as far as added security for you and your models.

Sep 13 10 09:50 am Link

Body Painter

Lisa Berczel

Posts: 4132

New Castle, Pennsylvania, US

Sweet Loretta wrote:
.... Be sure you have professional models, so they too know how to handle being in a crowd with wearing body paint.
...
www.sweet-loretta.com

I can't stress this ENOUGH.

It is REAL unfortunate when the Promotor provides the models and - shall we say - doesn't know or care who's on the roster.

I've had models:
1) Hit on the President of the Company (beer sponsored event at a magazine of all places).
2) Throw up while in my bodypaint.
3) Pass out.

Most of the time, it is from hiring girls, not Models, who decide they're not working, they're partying. As in, I'm not getting paid enough for this so I'm gonna drink!
Of course, there's nothing on their stomaches because they "don't want to look fat".

Yeah.

Follow you gut. If the Event or Promoter are not top notch, things go downhill fast.

Sep 13 10 10:07 am Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

I am going to follow up on my comments.  Lisa is correct and has offered good advice, but there are things you have to bear in mind.

If the contract is between you and the client, and you are paying the model, you are going to have to pay the model, either way.   

If you shut down the event, and still expect to be paid, if the client refuses to pay, you are going to have to convince a judge that you were, in fact, compelled to cut things off.  The client will, inevitably claim that you over-reacted and it will become a he-said / she-said affair.

Rich is right as well though.  If you are concerned about the safety of the model, provide your own security.   First of all, if you are really concerned about safety, you shouldn't be there to begin with, but I alluded to this before, what about your liability to the model?

Presumably the model understands what she is doing, walking around naked or topless in bodypaint at a party.  Likewise, i am sure you will have an appropriate contract with releases from here, but ... what if something does happen?  What if she is excessively harassed?  What if she is sexually assaulted or seriously injures herself trying to allude an unruly guest?

All the releases in the world will do you no good if you haven't taken the proper precautions.  Getting the model paid for the party could be the least of your worries.  You could easily find yourself sued along with the client.

That is my point.  You need to take all necessary precautions so that you are not considered to be negligent, and thus a contributing cause to the problem. 

If it were me, and I was going to do this as a regular business, I would speak to a qualified attorney about the risks, the proper steps you need to take to protect yourself from a negligence claim and to draft proper paperwork.  I would also speak with my insurance agent to see what is covered, what is not, if I needed added coverage and if there were anythings about my business practices that might invalidate a claim.

There is risk in anything.  A smart businessman tries to minimize it.

Sep 13 10 10:12 am Link

Body Painter

Cats Creations

Posts: 19

Norwich, England, United Kingdom

I have mainly been bodypainting in Hong Kong and TBH its hard to find models willing to walk amongst a crowd (and crowds are REALLY crowded in Hk - generally cramped venues). I don't blame them.

If I was supplying the models I always made sure they had at least 1 security person within a few steps/ were always in eyeline of one. And in many cases I'd stay too if there weren't any females on duty. If they didn't feel comfortable they don't look/ act as good. That was clear in the contracts and we never had a problem.

In most cases they would pose in 1 'safe' area of the venue, or people would be escorted to them for pics, or they would perform/ pose ON a bar or cleared runway or whatever. Another option is to have mini skirts etc to suit the theme, for some reason that seems to remove the 'naked lady' idea for many people.

I was quite happy with those compromises; I had no desire to be aiding drunks to cop a feel. look but don't touch w/o permission seems fair to me. So were my clients. On top of anything else, getting painted women to squeeze through crowds ruins the designs way faster than just working in a club usually does.

Cat x

Sep 17 10 02:23 pm Link

Body Painter

Trina Merry

Posts: 16

New York, New York, US

I actually have had a hard time finding a bodypainter's contract.  I just got back from a bodypaint convention & was surprised there were no classes on this!  Can anyone help me locate or post what they do?

I'd really appreciate it!

Jun 14 11 12:36 pm Link

Artist/Painter

sdgillis

Posts: 2464

Portland, Oregon, US

Having strange contracts just seems to make you more liable in the event of an issue.  I know it is legal to be topless in NY, but I wonder about a few other things. Such as doesn't the age of the servers require them to be 21? Do they need a valid servers card for this event?

If you are concerned about pay issues, have them paid half in advance and a secure place to keep tips and a safe zone where they can take breaks.

Jun 14 11 12:53 pm Link

Body Painter

Tim Gratton

Posts: 1054

Dubbo, New South Wales, Australia

If it's an event I always get half the money upfront, it covers costs, I have public liability for $20,000,000 if drinks are involved I always involve the security! Never had a problem!

Jun 15 11 12:19 am Link