Contracts: Standard photography contracts vs. our Privacy Contract

Preface:

While the concept of marketing can be broad, encompassing everything from TV commercials to billboards and printed materials, our approach is more focused. We primarily use our own website, Instagram, and emails as our marketing channels.

We use industry standard photography contracts for 99% of our clients.

Our standard client contract outlines our policies regarding copyright, licensing, and general use of images.

  • As artists, we retain the copyright to the work we create.
  • When you hire us, you’re engaging our services to produce that art.
  • The contract we enter into grants you a license to use these images for most personal and private purposes.

A standard contract usually works well for even social media concerned parents.

This arrangement works seamlessly for the vast majority of our clients. If you have concerns about your children’s images appearing on social media, we completely understand. While our contract does not specifically cover this scenario, we are always willing to discuss your preferences and can agree—either verbally or through email or text—to avoid using those images on our social media or website.

Verbal or written agreements outside of our contracts may not cover all areas of how we use images, such as emails.

Our standard contract won't affect our general workflow and storage methods as outlined in our privacy contract, and as such, the images get stored and enter into our general storage and use system.

In rare instances, your photos might be selected by someone on our team who may not be aware of a verbal agreement, and may use it in our email communications, such as example photos of a session type. If you see this and are concerned at that time, you can always ask us to remove it.

Our mission is not to extort or burden you as our client and friend, and as such, your concern is our concern, and we'll prioritize a request when you make it.

Most marketing materials come from planned sessions, specificly for marketing material.

Occasionally, we conduct special sessions, often referred to as "model-call" sessions, under the understanding that the resulting images will be used specifically for media and marketing purposes. For example, we might do this when introducing new wardrobe options for clients, and we need to update our wardrobe website and Instagram page with these offerings.

The Privacy Contract is not just a contract, but changes most ways we orchestrate things after your session.

Our privacy contract goes far beyond just social media considerations.

It fundamentally alters how we handle your images.

Under this contract, access to raw images is strictly limited to specific team members.
The images are excluded from:

  • portfolio use
  • internal training
  • external peer reviews
  • competitions
  • Print mediums like industry related magazines
  • online presence including our website and emails.
  • and additional ways we use images

Due to the unique workflow and storage requirements associated with this level of privacy, there is an additional fee for this service. This fee also compensates for the loss of potential marketing material, such as Instagram or website gallery images, that we would otherwise have gained from your session. It is after all, how people like you find us!

We typically recommend the standard and will start with a "I'll check first with you" practice.

If you feel that our standard contract meets your needs, but you need just a little more privacy, we recommend going with this standard contract and letting us know what your concern is and we'll be happy to work with you on it.

Our practice then is to typically ask you if a photo can be used, and the way we would use it, which generally is posting to instagram. If you feel comfortable (like a far shot where you don't see destinguishable faces, and we're highlighting a beautiful scenic shot), we'll proceed. If not, we'll understand.

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