Legal Question in Business Law in Florida
Hi I'm hiring an ex girlfriend to pose nude for some reference photographs I will be taking of her for some artwork that I'm doing. What would I need to include in a contract that protects both of us?
1 Answer from Attorneys
Go online for samples of "modeling contracts". You will find several.
You will want a "release" signed by the photo model.... releasing you, your employees, company, etc. from any claim for "invasion of privacy". In this document you will want to briefly explain what you both have agreed is to be done during the project and how the photos will be used after the shoots. This document should also release you and/or your company of any possible claims for sexual harassment or imposition based in whole or in part on the taking of photos and the use of those photos.
You will also want a "license" whereby the model (licensor) transfers and assigns (without limitation or restriction) to you (licensee) all of her rights as a photo model and that her photos may be used as you reasonably deem fit.
You will also want a short contract that ways: "Model" is being engaged by employer as an independent contractor. Model understands that- as such- the licensee will not be responsible for withholding taxes or providing health, pension, or other benefits.
If you have not already done so you might want to set up a corporation to act as the licensee. You could use the corporation for the subject session and future sessions. This will provide somewhat of a safety net for you. A very legitimate purpose of corporations is to shield owners and officers from claims. I am not advising you on this. You need to discuss this with your accountant or CPA.
Byron Petersen
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