Model Contract Template
A model contract is a type of service contract between a model and a photographer. It is a legally binding agreement used to formalize the agreed-upon contract terms between the two parties. A written contract is important because it spells both the expectations of the model and the photographer.
What is in the Model Template?
- This model contract sample template is completely customizable and available at your disposal.
- It can be edited and adjusted at any time to fit future modeling or photography ventures.
- This model template is user-friendly and easy to edit.
Why do I need a Model Contract?
A modeling agreement is beneficial to both parties. The contract is useful for a model if they intend to provide their services to an individual or company. A modeling agreement is also helpful for a photographer who plans to hire a model for a photoshoot. It also sets clear expectations for each party. For example, if the photographer agrees to pay the model a flat fee of $1,000, but fails to pay the agreed-upon compensation. The model may pursue legal action for breach of contract to obtain the amount owed under the contract terms.
An enforceable contract is essential when providing a service or receiving a service. If the agreement is not in writing, it is often difficult to prove and leaves the parties with very limited remedies. A model contract is also a vital document because it details the scope of services.
What Should Be Included in the Model Contract?
Modeling contracts vary based on the project. However, this modeling agreement template is easily modifiable to suit your needs. There are a few key elements that a modeling contract should include. A model agreement generally consists of the following components:
- The Parties
- Effective Date
- Duration of Project
- Scope of Services
- Wardrobe, Supplies, and Expenses
- Confidentiality or Non-Disclosure Agreement (NDA)
- Intellectual Property Rights and Ownership
- Copyright and Reproduction
- Promotional Rights and Model Release
- Indemnification and Release
- Governing Law
- Legal Fees
- Personal Information may be required beyond the models name or modeling agency
The key difference between a modeling contract that makes it unique from other contracts is the wardrobe, expenses, copyrights, reproduction, and model release. For example, the contract should identify which party is responsible for providing the wardrobe. It should detail down to the shoes and other accessories. Another consideration is the expenses. It is important to answer the following questions:
- Will the model be responsible for travel arrangements and/or expenses?
- Will the photographer be responsible for travel arrangements and/or expenses?
All of the tiny details should be implemented in the contract. Neither party should rely on a verbal or “gentleman’s agreement.” Any oral agreements should be memorialized in writing and signed by both parties. If later the parties need to modify the agreement, they can draft a contract amendment incorporating the new terms. A contract amendment MUST be signed and dated by both parties.
Check out ApproveMe’s Contract Amendment Template here!
Top 5 Mistakes Found in Model Contracts
Drafting a solid contract is worthwhile. It is important to thoroughly review the contract before sending it for signatures. Here are the top 5 most common mistakes when drafting a model contract:
- Lack of Detail
- Payment Terms
- Release and Copyright Designation
Consulting with an attorney after you have drafted your model agreement is also a good idea. An experienced attorney can advise you on the contract and incorporate any state-specific requirements if necessary.
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Model Contract Template
This Modeling Contract (this “Contract”), dated on this _____ day of _______, 20__ (the “Effective Date”) is entered into between ___________________ (the “Photographer”) and _____________________ (the “Model”) for the purpose of setting forth the exclusive terms and conditions by which the Photographer desires to acquire the photographic modeling services from the Model.
In consideration of the mutual obligations specified in this Contract, the parties, intending to be legally bound hereby, agree to the following:
Scope of Services. The Photographer retains the above Model, and the Model agrees to perform for the Client, certain web development services set forth in Exhibit A to this Agreement (the “Services”). Any Service outside of the scope as defined in Exhibit A to this Agreement will require a new Agreement for other services, including separate promotional or email marketing campaigns agreed to by the Parties. The Parties may also set an optional schedule for service deadlines as set forth in Exhibit B to this Agreement.
The Model agrees to engage in the best and commercially reasonable efforts to provide the Services to the Photographer in accordance with the terms of this Agreement. The Model further agrees to provide the Services in a professional and diligent manner consistent with industry standards and good business practice, using efforts comparable to those customarily used in web development and design or of equivalent value and for similar products or services.
Compensation. In exchange for the full, prompt, and satisfactory performance of all modeling Services as defined in Exhibit A to be rendered to the Photographer (as determined by the Photographer), the Photographer shall compensate the Model as follows:
The Compensation shall be due upon the completion of the Services unless otherwise agreed upon in writing by the Parties.
Payments must be made to the Model by credit card, money order, check, or any other approved method of payment accepted by the Model. Payments must be mailed to:__________________________________________________________________________________
Wardrobe. The [ ] Photographer [ ] Model will provide all of the Model’s wardrobe and apparel for the Services except: _______________________________________________________________________ All wearing apparel and wardrobe materials shall remain the property of the [ ] Photographer [ ] Model unless otherwise agreed upon in writing by the Parties.
Expenses. From time to time throughout the duration of this Model Agreement, the Model may incur certain expenses that are not included as part of the Fee for the Services subject to this Agreement.
The Model agrees to keep an exact record of any and all expenses acquired while performing the Services. The Model will submit an invoice itemizing each expense, along with proof of purchase and receipt, every ______ days upon completion of such Services. If any one expense is over $_____, the Model agrees to obtain the Photographer’s written consent before making the purchase.
The Photographer will be responsible for arranging and paying for the Model’s travel expense for the Services.
The Photographer will NOT be responsible for the Model’s travel expense for the Services.
Term and Termination. This Model Agreement shall be effective on the date hereof and shall continue for a period of _______ ([month[s]/year[s]) or until the expressly agree upon date of the completion of the Services, unless it is earlier terminated in accordance with the terms of this Agreement (the “Term”).
If either Party subject to this agreement fails to follow through with their obligations under this Agreement, the non-breaching Party can terminate this Agreement by providing ____ day written notice to the breaching Party.
The Photographer understands that the Model may terminate this Agreement at any time if the Photographer fails to pay for the Services provided under this Agreement or if the Photographer breaches any other material provision listed in this Web Development Agreement in the manner as defined above. The Photographer agrees to pay any outstanding balances within _____ days of termination.
Time is of the Essence. The Model hereby understands and acknowledges that time is of the essence with respect to their obligations defined in this Agreement and that prompt and timely performance of all such obligations is strictly required.
Confidentiality and Property Rights. Throughout the duration of this Agreement, it may be necessary for the Model to have access to the Photographer’s confidential and protected information for the sole purpose of performing the Services subject to this Agreement.
The Model is not permitted to share or disclose such confidential information whatsoever, unless mandated by law, without written permission from the Photographer. The Model’s obligation of confidentiality will survive the termination of this Agreement and stay in place indefinitely.
Upon the termination of this Agreement, the Model agrees to return to Photographer any and all Confidential Information that is the property of the Photographer.
Further, the Model shall promptly return to the Photographer all copies, whether in written, electronic, or other form or media, of the Photographer’s Confidential Information, or destroy all such copies and certify in writing to the Photographer that such Confidential Information has been destroyed. In addition, the Model shall also destroy all copies of any Notes created by the Model or its authorized Representatives and certify in writing to the Photographer that such copies have been destroyed.
Intellectual Property Rights and Ownership. All Intellectual Property and related materials, including but not limited to, moral rights, goodwill, trade secrets, applications for registrations or relevant registration, rights to any trademark, trade tress, patent, copyright, trade name, and industrial design (“Intellectual Property”) that is produced or developed under this Agreement. The Model understands that the aforementioned is a “work for hire” and shall be the sole property of the Photographer. The Photographer’s use of the Intellectual Property shall not be restricted in any manner.
The Model may not use the Photographer’s Intellectual Property for any purpose other than contracted for in this Agreement unless the Model has written consent from the Photographer. The Model shall be responsible for any damages resulting from any unauthorized use of the Photographer intellectual property.
Copyright and Reproduction. The copyright of the photographs subject to this Contract is always retained by the Photographer. Sale, publication, or any other commercial use is strictly prohibited without the prior written consent of the Photographer.
This provision also encompasses social media, including but not limited to, Facebook, Instagram, Twitter, and any blog or anything of the like. If a photo subject to this Contract is published it must have a caption crediting the Photographer. The Model agrees that they will not alter the Photographer’s photographs that are posted in a public manner or on the internet. The Model will be responsible for any family member or friend who posts any photos subject to this Contract online and agrees that they shall not be cropped, edited, or altered in anyway without express permission from the Photographer.
Promotional Rights and Model Release. The Model grants the Photographer and their successors, legal representatives and assigns the irrevocable and unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation and hereby release and shall hold harmless the Photographer and his/her successors, legal representatives and assigns from all claims or liability resulting from or associated with the use of the material.
The Model agrees not to sell any of the files or prints without written permission from the Photographer. The Model acknowledges and agrees that they are singing a model release to allow the use of the photographs for the Photographer’s business purposes.
Indemnification and Release. The Model agrees to take all necessary precautions to prevent injury to any persons or damage to property during the term of this Agreement, and shall indemnify, defend and hold harmless the Photographer, its officers, directors, shareholders, employees, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property arising in any way out of any act, error, omission or negligence on the part of the Model or any of the Model’s employees in the performance or failure to fulfill any Services or obligations under this Agreement.
No Exclusivity. The Parties subject to this Agreement understand and acknowledge that this Agreement is not exclusive. Each Party respectively agrees that they are free to enter into other similar Agreements with other parties.
Independent Contractor. Nothing in this Agreement creates any agency, joint venture, partnership, or other form of joint enterprise, employment, or fiduciary relationship between the parties. The Model is an independent contractor pursuant to this Agreement. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.
Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (“Notice”) shall be in writing and addressed to the parties at the addresses set forth on the first page of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile, or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid).
Dispute Resolution and Governing Law. Parties to this Agreement shall first attempt to settle any dispute through good-faith negotiation. If the dispute cannot be settled between the parties via negotiation, either Party may initiate mediation or binding arbitration in the State of ________________.
If the Parties do not wish to mediate or arbitrate the dispute and litigation is necessary, this Agreement will be interpreted based on the laws of the State of _________________, without regard to the conflict of law provisions of such state. The Parties agree the dispute will be resolved in a court of competent jurisdiction in the State of ______________________.
Legal Fees. Should a dispute between the named Parties arise lead to legal action, the prevailing Party shall be entitled to any reasonable legal fees, including, but not limited to attorneys’ fees.
Further Assurances. Upon a party’s reasonable request, the other party shall, at its sole cost and expense, execute and deliver all such further documents and instruments, and take all such further acts, necessary to give full effect to this Agreement.
Force Majeure. The Model and any of its employees or agents shall not be in breach of this Agreement for any delay or failure in performance caused by reasons out of its reasonable control. This includes, but is not limited to, acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Model.
Warranties and Representations. The Parties to this Agreement fully represent that they are authorized to enter into this Model Agreement. The obligations and performance of either the Model or the Photographer shall not infringe upon or violate the rights of any third party or violate any other agreement between the Model or the Photographer or, any other individual, business entity, or formal organization, or interfere with any law and or governmental regulation.
No Assignment. This Agreement shall inure to and be binding upon the undersigned and their respective heirs, representatives, successors and permitted assigns. This Agreement may not be assigned by either party without the prior written consent of the other party.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No Waiver. No waiver of or failure to act upon any of the provisions of this Agreement or any right or remedy arising under this Agreement shall be deemed or shall constitute a waiver of any other provisions, rights or remedies (whether similar or dissimilar).
Amendment. This Agreement may be amended only by a writing signed by all of the Parties hereto.
Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile. email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
Electronic Signatures. This Agreement and related documents entered into in connection with this Agreement are signed when a party’s signature is delivered electronically, and these signatures must be treated in all respects as having the same force and effect as original signatures.
Captions for Convenience. All captions herein are for convenience or reference only and do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof.
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties regarding the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto.
[Signatures on Following Page]
IN WITNESS WHEREOF, the undersigned have executed this Model Contract effective as of the ____________ day of ________________, 20__ (the “Effective Date”).
Model’s Printed Name
Model’s Contact Information:
Phone Number: _________________________
Email Address: _________________________
Photographer’s Printed Name
Photographer’s Contact Information:
Phone Number: _________________________
Email Address: _________________________
The Model agrees to provide the following service(s):
The Model is entitled to reimbursement of the following expenses incurred while performing such Service(s):
__________________________________________________________________________________________________________________________________________________________________________*The Model agrees that any expense not listed must be pre-approved by the Photographer. The Model agrees to provide any receipts of any other related document to such expenses.
SERVICE SCHEDULE (Optional)
The Parties subject to this Model agree to the following schedule:
Initial Development Date: ______________________________
Photographer Revision/Approval Date: _________________________
Final Development Completion Date: ____________________
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