 Scott McCord |
Contracts for model shoots Has anybody ever had this happen? I shoot many weddings, but am trying to increase my senior portrait business. To do this, I have an "Senior Ambassador Program" where senior students will receive a heavily discounted package in return for them modeling for me and spreading the word about my studio. Of course, I have them sign a model release. However, on one occasion the model's parent forgot to bring in the release although it was already signed. I should have had them sign another release right then, but had a brain fart. I now state to models that I have to have the release in hand before they pose for any photos. They were enthused about the opportunity for the model to pose for me, so I saw no problems and told them to bring the model release in when they picked up their proofs. They understood that the photos would be used for marketing. Well, it turned out that the model's boyfriend worked for a competitor. I ran an ad in the local newspaper with her photo. The next day I was told that she would not be posing for any more photos. I was instructed to pull all her images off my website, not to display any of her photos, and to pull all advertising with her image. I had to agree because I did not have the model release in my hand. What happened is that the competitor became upset with her boyfriend and I believe offered her free photos if she did not model for me. So this story leads me to my real question: Should I have models sign a contract in addition to the model release stating that they are committed to modeling for only my studio? Is this common? Is that the same deal as when an athlete signs a contract to only wear Nike shoes? My concern is that this will scare many candidates from modeling for me. And if I have the signed model release, I should be able to legally publish these photos regardless of where else they go for photos?
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Mark Feldstein |
Man, you don't need a lawyer, it sounds like you need Dr. Phil. What you seem to be proposing Scott is a non-competition agreement. The short answer is that to be enforceable, an otherwise valid non-competition agreement must be "reasonable" and can't effectively deny someone the opportunity to ply their trade or earn a livelihood. Usually rather than the vocation, it's the distance from the competitor that's enforced. So, what are you going to do anyway, try and enforce that kind of agreement against a kid who wants to get into modeling? No. I think not. You're also going to end up damaging your own reputation, basically shooting yourself in the foot. Yes, if you have valid, signed model release that covered a particular shoot, AND assuming the model received sufficient consideration for the work, you've probably (PROBABLY) got a valid contract to print and publish the photos as they were released. The question is how far do you want to push the issue. Two things you can do: Call the guy from the other studio and tell him to get a grip on his people. You want to scare him into not interfering with your prospective business advantage. Let him know that if this kid who works for him continues to disparage your business and reputation that they're both going to end up in litigation. Call the kid's parents and let them know that as well. BTW, remember one significant thing about model releases: Having a valid release STILL doesn't prevent you from being sued. BUT it's your first line of defense if you do get sued. Get the picture? ;>) So, find more models, have them sign or their parents sign if under 18 at the time you photograph them, and put it behind you.
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Scott McCord |
Thanks, Mark. I was hoping you'd respond to this. I have put this behind me, but I was unsure if there was a proactive way to keep this from happening again. I politely agreed to this model's request - there are many more candidates around. And if anybody were to ask me this again, I might try to persuade them to change their mind, but I wouldn't push it to the limit of legal action. But what worries me is that we are two photographers in a small community. While this other photographer doesn't go at the profession full force, they go after seniors hard. They are also well-known and connected to teachers in the two main high schools around here. So what I'm worried about is that every time I find a new candidate, this other photographer may swoop in with another offer - and win -because that's "where everybody goes" for senior pictures. But I'm not into creating a fiasco out of this. I live in two small of a community. If it happens again, I'll let it go and hope it doesn't happen too often. Thanks again for your response
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Mark Feldstein |
You know Scott, it sounds like your situation would benefit from some new marketing strategies in order to properly and methodically and completely torpedo your competitor. My advice is to build a better mousetrap, so-to-speak, to catch seniors and others who would benefit from your services over the other guy. I should also recommend that it would probably be a good idea to expand your market into surrounding burroughs, AND AND to go after another niche market, say local businesses needing shots for their own marketing materials, brochures, phone book and magazine ads. That kind of work would allow you to increase your fees, get more (ahem) exposure in terms of your own skills, and probably put the other guy out of biz because, as we know, one cannot survive (well) on seniors alone, right?? Have a great weekend.
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