If you plan to hire models for your next marketing campaign, you should have a written agreement in place before you shoot. Contracts are an excellent way to ensure the model and hiring party are on the same page regarding every detail of the shoot to eliminate any questions or issues. Without a contract, anything from the models’ pay scale to the shoot’s duration can be questioned.
As one of the leading modeling agencies in San Diego, InnoVision Talent Agency (ITA) can help. We work with models and casting directors, so we have a few tips to remember when drawing up the contract for your modeling gig.
Specify Project Terms
Always outline the project terms clearly. These include, but are not necessarily limited to, the following:
Compensation
Thoroughly detail the compensation the model will receive for the work. Do you plan to pay an hourly rate, a per diem rate, or a flat rate for the project? Before production starts, will there be other requirements, such as wardrobe fittings?
You should also cover payment terms in the contract, including when they can expect to be paid. Remember to include the form in which the payment will arrive, whether it is an electronic payment or a physical check.
Usage Rights
In addition to the initial compensation for the work produced, the model may be entitled to a buyout fee or residuals for the distribution of their image. Be sure to include a clause on how exactly the model’s work will be used, where it will be distributed, the specified time for distribution, and whether the model will be paid a one-time buyout fee or on a residual basis.
If the model’s image is circulated beyond the usage rights outlined in the contract, they may be entitled to additional compensation for the broader distribution of their image. Alternatively, you may pay the model a full buyout, granting you unlimited usage rights. You can expect to pay generously in exchange for this type of agreement.
Project Duration
To ensure the model has adequate availability for the production, always communicate project dates well before the work commences. For example, will it be a one-day shoot or take place over several days?
You should also outline the model’s call time (when they should appear on set) and the time they can expect to wrap each day. If you’re uncertain of the exact hours, be sure to communicate to the model that the production requires full-day availability. If possible, also provide a cap for the hours they will be expected to work.
Set Clear Expectations
Be up front and extremely clear about your expectations for the project. Here are a few things you should keep in mind:
Appearance
Describe how the model is expected to appear during the production. For instance, will hair and makeup be provided, or should the model come to set camera-ready? You should also specify wardrobe requirements to ensure the model’s comfort level with the expected attire. Outline the model’s duties and what type of skills will be required of them during the production as well.
Professionalism
Always prepare for unforeseen circumstances. For example, the model may have a health emergency or become unavailable for the project. Set clear expectations governing reliability, punctuality, and conduct while on the job. Detail protocol in the event the model is unable to complete the work or fails to meet professional standards.
Likewise, you should also explain what happens if the production cannot proceed as scheduled. Will the model receive a portion of the agreed-upon compensation, for example? If so, specify the payout if the production is canceled. You may also want to include a force majeure clause in the contract, protecting you in certain unforeseen circumstances, such as natural disasters.
Confidentiality
It may be useful to include a confidentiality clause prohibiting the model from sharing any privileged information regarding the production. If applicable, also include a conflict of interest clause affirming that the model has no existing conflicts of interest and will avoid taking on any for the duration of the project.
Employ Best Practices
Always be clear and transparent in the negotiation process. It can help avoid disputes down the line. Generally speaking, these are some best practices to follow:
Use Clear Language
Legal jargon can often be challenging to decipher. Use clear, transparent, and direct language to communicate your message when possible.
Be Open to Negotiation
A contract should be a mutually beneficial agreement that leaves both parties walking away feeling satisfied. If the model requests something within reason, try to accommodate them.
Keep in mind that if you’re working with a smaller budget, you may want to look for a fresh face looking to gain exposure and experience instead of charging a higher fee. On the other hand, if you have a larger budget to work with, you may be able to hire more established models at a higher rate.
It’s wise to balance your budgetary needs with your desire to find the best talent for your project.
Include a Dispute Clause
While open and honest communication should help avoid conflicts, it’s a good idea to include a dispute clause in the contract should a disagreement arise. The clause should detail the process that should be followed and the rights and duties of both parties in resolving the dispute.
At InnoVision Talent Agency, we have extensive experience casting the right people for your project. If you need help booking a model, consider working with one of the top modeling agencies in San Diego. ITA has an extensive diverse talent roster, including experienced and up-and-coming models. We can help you find who you’re looking for and get you one step closer to signing on the dotted line.