A Warning to all photographers!
Last year I was looking for a nude pregnant model.I had 5 girls lined up for the role but one by one they changed their minds so I gave up on the idea. About 4 months ago I was chatting to an online friend who I discovered she was pregnant! I mentioned I was looking for a pregnant model last year and she thought that would be a great idea.
Well today was the day the the shoot finally came about.I had spent 3 weeks scouting for nice locations to do the shoot. The model 26yrs old and 37 weeks pregnant & no car so I agreed to pick her up drive to the location & take her home.
Well the trip was 116km & about 5 hrs all up. The shoot agreement was a TFCD shoot for my website & I offered the model some websize images with the opportunatey to buy prints if she liked them. After the shoot I got the model to sign my standard release form as any good photographer would do!
She was very pleased with the shoot & was excitied to see the images & spoke of a second shoot when the baby is born.
On the way home The model gets a call from her partner & she tells him what we have just done! This didnt go down too well & it seemed somewhere along the way she didnt mention to him about the style of the shoot.
After I drop her off I get a text message as im driving home that she would like to terminate the agreement & asked me to post it back to her & that she would pay for all the images I had taken of her.
Just as I get home I get a call from her partner telling me he didnt know anything about the shoot and wasnt going to pay for anything.
I tried to explain the agreement we had made & said id email a few sample pics & if they purchased everyone would have something for their time & effort.
About 2 hours later I get a phone call from the ladies father threatening me with legal action claiming I had taken advantage for her in her delicate state & was trying to extort money from her!!
This is where I explained his daughter who was over 18 did not require parental consent & that she has signed a standard model release form!! ( ALWAYS USE A RELEASE FORM FOR YOUR OWN PROTECTION) I then tried to explain what I was asking was only fair as its not my business if models discuss details with family.
Now that legal action has been mentioned I will be retaining the release form just in case any action is pursued.
Nigel
Mick Davson
Bloody hell! Looks like you have a live one there. Might be cheaper to try and come to some compromise though. But well done for checking all the boxes.
Dave Reid
jesus budy! u did everything right aye. she justdidnt tell her b/f what she did and now hes forcing her to do stuff like this to you. not cool :( im sure u have covered ur butt so u “shouldnt” (god love the legal system) have anything to worry about.
Lenny La Rue, IPA
Yup. I can see this sort of crap coming each time I aim at a human. It’s the risk you take, even with the release form because people change their minds regardless of what they sign. And what are you to do? Post the shots for sale anyway if court decides in your favour?
I’m really sorry you got into this but as a musician who got stiffed with signed contracts in hand, I know what comes next and none of it is ‘happily ever after’. :-(
Dana DiPasquale
holy moly! she is a legally sane adult who can sign contracts and did! no reason to argue with her or him. you are totally right
GailD
Wow. Maybe the photographer should take their partner with them too as protection. Maybe get the release form signed by all the family.
I don’t know what the answer is here. Hope all goes well Nigel.
Philip Golan
You seem to have covered all bases mate. NEVER throw a signed release / agreement form away.
Lots of luck.
Himiona Grace
What a bummer. I hope you didn’t use the images in the end. if they dont want them used they shouldn’t be. it’s a pity and despite the agreement. I really think it’s a person’s right to make decisions after the fact, especially. photographers do get treated with a lot of suspicion, as we all know but that is because photographers do exploit people. It is a shame it came to that.