Legal Question in Business Law in California
I am a photographer I had a verbal agreement with a model to pay a certain amount if she was not an amateur or anything so like an audition she didn't want to finish the shoot because she had to leave so I didn't pay her the total amount can I get in trouble even though we did not have a written contract for the amount she was to be paid?
2 Answers from Attorneys
If you are a serious professional (or amateur, for that matter) photographer, you should get signed written agreements with any model, amateur or professional. In addition to an agreement on the model's fee (if any), the agreement should cover the time, place and duration of at least the first shooting session, and more importantly, copyright and release matters. You need to end up with the rights you want.
As a Franchise Attorney I only add the following. Based on what you say, in the unlikely event she sues for the total amount, your defense would be she didn't finish the shoot. As Mr. Whipple mentions, the big picture is getting a good contract - release together for future projects. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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