Definitive list of legal forms needed?

<p>Hi,<br>

Looking to start a photography business, but having trouble finding an exact list of legal forms I'll need to have drafted by a lawyer. I want to do portrait photography, family shoots, babies, and senior school pictures. No weddings planned at this time. Here is the list of forms I'll need to have as best I can tell:</p>

<ul>

<li>General Portrait Contract</li>

<li>Model Release (Adults)</li>

<li>Model Release (Minors)</li>

<li>Print Release</li>

<li>Permission to Sell To a Third Party</li>

<li>Product Delivery Agreement</li>

<li>Payment Plan Agreement</li>

<li>Credit Card Authorization Form</li>

<li>Invoice Form</li>

</ul>

<p>Am I missing anything? Are any of these standard forms that I don't need a lawyer for? Will I need to walk a lawyer through the content that needs to go in each of these, or should they be able to do them without issue?<br>

Thanks!</p>

<p>Are you intending to shoot these portraits on behalf of the subjects, for a fee, or are you intending to sell/license those portraits to other people? What is the business model?<br /><br />When you talk about model releases, to whom are you intending to give them? Or is that just for your own promotional use of the images?</p>

<p>You can find many forms in Tad Crawford's "Legal and Business Forms for Photographers" Beware the contracts are not very tidy and tend to throw in much unneeded stuff. I had an attorney review and revise them before use.<br>

<Chas><br /><br /></p>

<p>What "forms" that you will need to run your business will basically depend upon two elements:<br>

> Your Business Model (The Definition of your Business)<br>

> Your Location (i.e. what are the local compliances)</p>

<p>For example, I work in Australia and I now shoot mainly Portraiture, which I sell to the Subjects of the Portrait Shoot.<br>

I only need and use two of those forms which you have listed - A Contract for the Portraiture, one completed copy for me and one for the Client; and a Tax Invoice which I complete and then supply to the Client when they pay me.<br>

The "permission" or "denial" for me to use that work as my promotional and display material, is written into each contract and I don't need model releases for commissioned portraiture and I don't do payment plans as that doesn't fit my business model . . . etc</p>

<p>I think that you might be putting the cart before the horse: you need to adequately define your business before you spend valuable time collecting the forms that you might not ever require. </p>

<p>WW<br>

</p>

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</p>

<p>There are several books that provide samples for all of these, and there are web sites that offer legal forms (not just for photography but for everything) at reasonable prices, not to mention iPhone apps that offers releases and basic contracts. I would start with those before I would rush out to pay a lawyer hundreds if not thousands of dollars to draft forms he is most likely going to have a legal secretary cut and paste from his own reference books and which you might or might not actually end up using. Once you're making some sales and see what you actually need, then you can adjust accordingly and, if necessary, go see a lawyer for what you can't figure out yourself.<br /><br />As far as credit card forms, you get those from your bank/card processor, not a lawyer. Or if you're doing a small volume, use a service like Square.</p>

<p>I bought this with no regrets. comes with a DVD so you can print forms.</p>

<p>http://www.amazon.com/Business-Legal-Forms-Photographers/dp/158115206X</p>

<p>BTW Ben consider Quickbooks Pro for your invoicing.</p>

<p>Thank you for the responses everyone. I will respond to the questions as best I can. I apologize for the delay, I fear I misused the notification system.<br>

>Matt<br>

The intention is to shoot them on behalf of the subject for a fee. The business model is to do for-hire work, mainly portrait shoots of families, senior photos, and maybe some babies. No weddings are in the mix at this time. The model release is just for my own promotional use of the image.<br>

In review, I likely will not need "Permission to Sell To a Third Party."<br>

>Chas<br>

Thank you for the recommendation, I will investigate and plan on using a lawyer to review if I go that route.</p>

<p>>WW<br>

The business model is similar to yours. Do contract work, but in the U.S.A. I have seen multiple people mention writing the release into the contract, and that sounds like a wise decision.<br>

I agree that I need to get a solid business plan together. I am trying to do better than a "seat of the pants" operation that I've seen other new photographers use and not even have contracts. It is a confusing pool to jump into, and one that has be hard to find clarity in, especially in terms of legal structure and protection.</p>

<p>>Craig<br>

I am all for trying to save up-front costs on legal, and you struck a nail on the head. I'm trying to determine what actually is needed and what is not, so I don't waste funds unnecessarily. I think I'm on the right track with the obvious, getting a contract for both parties to sign, that clearly states expectations and what will be delivered. I just need to find a source to work from and have a lawyer adjust for local state laws.<br>

Thanks for the note on the credit card forms. I think that was a sloppy copy and paste on my part.</p>

<p>>J.Harrington<br>

Thank you for the link, I will investigate.</p>

<p>"The business model is to do for-hire work, mainly portrait shoots of families, senior photos, and maybe some babies. No weddings are in the mix at this time. The model release is just for my own promotional use of the image."<br /><br />Portraits are not work for hire, at least here in the U.S. You own the copyright on those. The term work for hire usually applies when you are employed by a company as a photographer and the rights to your photos belong to the company because creating them is your job as an employee. The most common example is a newspaper photographer, or maybe a company has a staff photographer to shoot anything from pictures of their factory to employee-of-the-month headshots. Some freelance clients will try to get you to sign a work for hire agreement giving up the rights to your photos, but most photographers who've been around the block will refuse or only do so for a significantly higher fee. A portrait client is a client, not your employer, so they have no rights to the image other than what you agree to give them.<br /><br />As for a model release on portraits so that you can use them for self-promotion, most photographers build that into their portrait contract rather than having a separate form.</p>

<p>>Craig<br>

Ah. Yes, sorry, I should have worded that better. I meant hired out on a contract basis, not work-for-hire. Thank you for the clarification though.<br>

Also, thank you for the note on the release form. I'll look to get that added to the contract.<br>

BW</p>

<p>As a practicing lawyer, I would encourage you to find the forms that you think you will need from other sources such as the books mentioned in the posts above, and then go and review them with the lawyer. Go over them line by line with the lawyer so you can gain a good understanding of what each sentence and clause means. After you have done that, ask the lawyer to revise them as needed by local law and to suit your particular needs and preferences. <br>

If you just walk into the lawyer's office without a very good idea of what you want, the lawyer will not know how to help you effectively, unless he or she is a lawyer who already represents photographers and has some prior experience specific to your business model. Asking a lawyer to draft a contract cold, without a significant amount of education about your business (photography in general and your particular model) will not likely result in a good or cost effective experience with the lawyer.<br>

And I agree that you should get the credit card stuff from your bank. </p>