TERMS AND CONDITIONS
General Terms Photoshoot
Exchange of time and images
Great that you want to work with me! Below is how we arrange things, so we both know where we stand and the shoot stays fun. First a short summary, then the full terms and the model form.
Quick read: the 10 key points
This is a summary. The full terms below prevail.
- Exchange of time and images. No money changes hands between us. I do earn money from my work, including through Patreon, prints and books. You do not receive a share of that unless we agree otherwise.
- You are 18+. I only note your date of birth and do not keep a copy of your ID.
- You set your boundaries. Beforehand you choose in writing level A (no nudity), B (partial nudity) or C (nude). Physical contact or help with clothing only happens after a clear “yes”. You can stop at any time.
- I decide the creative work. I choose the images, the editing and the selection. You can express a wish, but you cannot approve or reject individual photos.
- You receive [number] edited photos in high resolution within [8 weeks]. Raw files and all other images stay with me.
- Copyright stays with me. You may use the photos for your portfolio, comp card and socials, always crediting me by name or @handle. You do not edit them (no filters or AI either), sell them, or use them for AI training.
- I may use the images widely: portfolio, website, social media, prints, books, exhibitions, competitions, publications and sales.
- Patreon is part of the deal. I also place images in my Patreon archive, including at level A. You agree to this beforehand, otherwise the shoot does not go ahead. Nude or partial nude images on Patreon are ticked separately and only placed after your cooling-off period. Never for porn or erotic services.
- Cooling-off period and withdrawal. After I deliver your photos you have [14 days] to withdraw your consent without giving a reason. After that, only for serious reasons such as threats or demonstrable serious harm. I then remove the images from my own channels and archive within [30 days]. Anything already shared, printed or sold I cannot take back.
- Safety and agreement. No alcohol or drugs during the shoot. You are responsible for your own belongings and health. You agree with the sentence: “I have read the terms and agree.”
Full terms
Article 1. Definitions and scope
1.1Photographer: the maker of the photos, [name, company name if any, Chamber of Commerce (KvK) number].
1.2Model: the person who poses for the Photographer and accepts these terms.
1.3Shoot: the photo session(s) to which these terms apply.
1.4Images: all photos, videos and (raw) files made during or in preparation for the Shoot.
1.5Partial nude and nude images: Images showing parts of the body that may be regarded as intimate, suggestive or nude.
1.6Patreon: Patreon and similar subscription or paid platforms, including the archive the Photographer maintains on them.
1.7These terms apply to all Shoots between the Photographer and the Model, including follow-up Shoots, unless agreed otherwise in writing.
Article 2. Purpose and nature of the agreement
2.1The Shoot gives both parties the opportunity to expand their portfolio. The Photographer also uses the Images to generate income.
2.2This is an exchange of time and images. The Model provides time, cooperation and consent for the use of the Images (articles 10 and 11). The Photographer provides time, equipment, expertise and a selection of edited photos (article 8). No money is paid between the parties.
2.3Honest and open: the Photographer earns money from his work, for example through Patreon, prints, photo books, licences and publications. The Model has no right to a share of that income unless agreed otherwise in writing. The Model acknowledges knowing this beforehand and having taken it into account when agreeing to the Shoot. This is therefore not a “pure” TFP.
2.4Patreon is a condition. The Photographer only does these Shoots if the Images may also be placed on Patreon (article 10.5). Without that consent the Shoot does not take place.
2.5There is no assignment or employment relationship. The Model cooperates of their own free will.
Article 3. Age and identity
3.1The Model declares to be 18 years or older and to show a valid ID on request. The Photographer only notes the date of birth and keeps no copy.
3.2Without confirmation of age the Shoot does not take place. Nude images are never made of minors, and Images of minors are never used for Patreon.
Article 4. Planning
4.1Date, time and location are agreed together.
4.2Both parties do their best to be on time and report delays or changes as soon as possible.
4.3Cancelling or rescheduling is free of charge up to 24 hours in advance. In case of a no-show or cancellation within 24 hours, the Photographer may refuse a new appointment. In case of force majeure (illness, weather, technical problems) a new date is arranged at no cost.
4.4The Photographer may end or cancel the Shoot if the atmosphere, safety or circumstances reasonably require this in his judgement.
Article 5. Role and responsibilities of the Photographer
5.1The Photographer provides camera equipment and other photographic tools.
5.2Beforehand the Photographer shows a moodboard or examples of previous work to align tone and style. The Photographer decides the final artistic execution: composition, lighting, poses, editing and style.
5.3The Photographer works professionally and respectfully.
5.4The Photographer decides which Images are selected, edited, kept and deleted. The Model has no say in this. See also article 8 on delivery.
Article 6. Role and responsibilities of the Model
6.1The Model provides their own clothing, make-up, hair and accessories, unless agreed otherwise.
6.2The Model behaves professionally, is on time and follows reasonable instructions from the Photographer.
6.3The Model is responsible for their own health, safety and belongings during the Shoot.
6.4The Model may indicate at any moment that a pose or situation is uncomfortable. We will then not continue with it.
Article 7. Conduct and safety
7.1Physical contact, help with clothing or directions that involve touching the body only take place after an explicit “yes” from the Model, and only for as long as necessary.
7.2The Model may bring a friend or companion, after agreeing this in advance.
7.3No alcohol or drugs are used during the Shoot.
7.4The Model or the Photographer may stop the Shoot if it no longer feels right. Images already made remain subject to these terms, except what the Model explicitly and reasonably rejects on the spot (see article 10.6).
Article 8. Delivery to the Model
8.1The Photographer delivers, no later than [8 weeks] after the Shoot, a selection of [number] edited digital photos in high resolution. In case of busy periods or illness this may reasonably take somewhat longer; the Photographer then keeps the Model informed.
8.2The Photographer decides which photos are in that selection. The Model may express a wish, but the Photographer decides.
8.3Raw files and non-selected Images stay with the Photographer and are not delivered. The Model does not use or distribute them.
8.4Extra photos may be delivered by agreement, but the Model has no right to them.
8.5Upon delivery the Model confirms in writing (app or email) having seen the delivered photos and remaining in agreement with the terms. This is not a right of approval per photo, but the moment the cooling-off period of article 11.5 starts.
Article 9. Copyright and use by the Model
9.1All copyright and related rights in the Images belong exclusively to the Photographer (Dutch Copyright Act, Auteurswet). No transfer takes place, not even by delivery of files.
9.2The Model receives a non-exclusive, non-transferable licence to use the delivered photos for personal use and for their own portfolio and comp card, on their own website and social media. Commercial use is not permitted without prior written consent.
9.3With every use, the Model visibly credits the Photographer as maker, with name and/or account name and link, such as [@handle] or [name]. Without credit, use is not permitted.
9.4The Model may not edit or alter the photos themselves, including with filters, retouching apps, crops or AI tools. This also applies to removing watermarks. Respect the Photographer’s work.
9.5The Model may not resell or sublicense the Images or make them available to third parties for their own commercial or promotional purposes. The Model may not use the Images to train or feed AI models.
9.6The Photographer retains the right to attribution and to protection against distortion of his work (moral rights). The Model does not invoke any rights of their own as (co-)author to the extent these would exist.
9.7In case of breach of article 9 the Photographer may have the use stopped, demand removal and terminate the licence. He may also recover his damages.
Article 10. Use by the Photographer (portrait rights and consent)
10.1The Model grants the Photographer consent to use Images in which the Model is recognisable, worldwide and for an indefinite period. This use includes reproducing, editing, publishing and displaying for: portfolio, website, social media, Patreon, photo books, prints, exhibitions, competitions, publications, promotional material and the Photographer’s own marketing.
10.2The Photographer decides which Images are used, where, how and in what edit. The Model cannot approve or refuse per photo or per use, except for Images as referred to in 10.6.
10.3If the Model is recognisable, the Photographer may name the Model (name or pseudonym) where this suits the publication, but is not obliged to do so.
10.4The Photographer may also offer Images to third parties for publication, such as magazines, publishers, galleries and collectives. He sets the terms and retains his rights. Sales of prints, books or licences to third parties also fall under this. This may generate income which the Photographer may keep. The Model has no right to compensation.
10.5Patreon archive. The Photographer may place all Images from the Shoot on Patreon, including in a paid archive that subscribers can keep viewing for as long as the Photographer maintains that archive. The following applies:
a.The Model agrees in advance, for every Shoot and at every level (A, B and C), to placement on Patreon. This is a condition for the Shoot (article 2.4). The Model confirms this with a tick on the model form.
b.For partial nude and nude Images (levels B and C) the separate, ticked consent of article 11.4 also applies. These Images are only placed after the cooling-off period of article 11.5 has ended.
c.Subscribers only receive the rights the platform grants. The Photographer does not permit redistribution and reasonably acts against misuse, for example with a watermark or by reporting violations.
d.The Model is not offered as a provider of sexual services and no contact between subscribers and the Model is arranged. The Photographer only names the Model by name or pseudonym if he wishes (10.3).
10.6If the Model explicitly states during the Shoot that certain Images may not be published, or if Images on reflection do not fit the agreed style, the Photographer will consult about this in reason. This is not a right of approval, but the Photographer refrains from using Images that demonstrably conflict with the law or with the Model’s legitimate interest.
10.7The Photographer does not use Images in a way that discredits the Model, harms their good name, suggests sexual services, or violates the law.
Article 11. Partial nude and nude
11.1Nude images and images that may be regarded as intimate are only made if the Model has explicitly indicated this beforehand and it has been recorded in writing (app, email or form). The Model indicates a level per Shoot: A no nudity, B partial nudity / implied nude, C nude.
11.2For images at B and C the Model gives consent for use as in article 10, solely for artistic purposes: portfolio, photo books, prints, exhibitions, art platforms, social media (subject to their rules) and publication via creative subscription platforms.
11.3Nude images are never used for pornographic, illegal, offensive, misleading or erotic-service-related purposes. They are not delivered to third parties for those purposes.
11.4For placement of nude and partial nude images on Patreon, the separate, ticked consent of the Model is required, clearly visible in the written confirmation or on the model form. The Photographer only places these Images after the cooling-off period of article 11.5 has ended. Images at level A may be placed directly after the Shoot. If the Model does not want nudity on Patreon, the Model chooses level A.
11.5Cooling-off period and withdrawal. The Model may withdraw consent for Patreon placement and use of Images for the future, under these conditions:
a.Cooling-off period: up to [14 days] after delivery of the photos (article 8.5) the Model may withdraw without giving a reason.
b.Afterwards: only for serious reasons which the Model substantiates, such as threats, coercion, safety or demonstrable serious harm to the Model or their family. Regret or a change of mind is not in itself a serious reason.
c.Consequence: the Photographer removes the relevant Images within [30 days] from the Patreon archive and other online channels he manages himself and does not place them again. The Photographer may continue to use Images in which the Model is no longer recognisable, for example through a crop or edit.
d.Outside the obligation: anything already downloaded, shared, sold, printed or exhibited, and anything published by third parties. Withdrawal gives no right to compensation, has no retroactive effect and gives the Model no say over copyright, selection or editing.
e.Mandatory statutory rights of the Model, such as under the GDPR, remain unaffected.
11.6The Model cannot later terminate the agreement and consents in order to claim compensation.
11.7The Model is responsible for their own use of the Images (article 9).
Article 12. Privacy and data retention
12.1The Photographer processes personal data (name, contact details, Images) solely for carrying out the Shoot, communication, portfolio, publication and the lawful use described in these terms, in accordance with the GDPR.
12.2Data is not provided to third parties, except for publication or sale of the Images under article 10 or where the law requires it.
12.3The Model may request access, correction or deletion of personal data. For Images, the Photographer responds as described in articles 10 and 11.5.
12.4Images are kept for as long as the Photographer considers necessary for his archive and portfolio.
Article 13. Liability
13.1Each party is responsible for their own belongings and safety. The Photographer is not liable for damage or injury during the Shoot, except in case of intent or deliberate recklessness. Where liability is mandatory by law, it remains.
13.2The Photographer is not liable for damage caused by use of the Images by the Model or by third parties to whom the Model made the Images available.
13.3The Model indemnifies the Photographer against third-party claims arising from acts or omissions of the Model, for example through breach of article 9, misrepresentation of age or identity, or use of clothing, jewellery or brands for which the Model should have arranged rights.
13.4The Photographer’s total liability is limited to the amount paid out by his insurance, or otherwise to [€ 250].
Article 14. Termination
14.1Either party may end the collaboration before the Shoot, stating reasons.
14.2After the Shoot, rights and obligations regarding the Images made remain in force, also after termination. This includes articles 8 to 13.
14.3The Photographer may end the collaboration immediately in case of breach of these terms, boundary-crossing behaviour or unreliable information from the Model.
Article 15. Miscellaneous
15.1Amendments or additions are only valid if recorded in writing (email or app is sufficient).
15.2If a provision proves void or unenforceable, the other provisions remain in force. The parties replace that provision with a valid one that comes as close as possible to its purpose.
15.3Dutch law applies to this agreement.
15.4Disputes are submitted to the competent court in the district of Midden-Nederland (location Utrecht), unless mandatory law provides otherwise. Mandatory consumer protection rules of the Model’s country of residence may still apply.
15.5These terms are also available in Dutch. In case of differences between the Dutch and English versions, the Dutch version prevails.
Article 16. Acceptance
16.1Before the appointment is made, the Model receives these terms. The Model confirms in writing (email, Instagram DM or WhatsApp) having read the terms and agreeing, with the sentence: “I have read the terms and agree.”
16.2Anyone who lets the Shoot go ahead thereby accepts these terms, even if the written confirmation is missing.
16.3Before the Shoot both parties complete the accompanying model form, stating: level (A/B/C), consent for Patreon, separate consent for nudity on Patreon (at B/C), pseudonym or name, and signatures. Upon delivery the confirmation of article 8.5 follows.
Model form
To be completed before the Shoot. Forms part of the General Terms Photoshoot (exchange of time and images).
| Date and location of Shoot | |
|---|---|
| Model name | |
| Pseudonym (if you want to use one) | |
| Date of birth (18+) | |
| Contact (email / @handle / phone) | |
| Level (choose one) | ☐ A No nudity ☐ B Partial nudity / implied nude ☐ C Nude |
| Patreon (required, all levels) | ☐ I agree to placement of the Images on Patreon, including the paid archive (art. 10.5). |
| Nudity on Patreon (only at B or C) | ☐ I separately agree to placement of partial nude and nude images on Patreon, after my cooling-off period has ended (art. 11.4 and 11.5). |
| Confirmation upon delivery | ☐ I have received and seen my photos and remain in agreement (art. 8.5). Date: ____________ |
| Images may be published under | ☐ My name ☐ My pseudonym ☐ No name |
| Special notes / boundaries |
By signing I confirm that I have read the terms, that I understand the Photographer generates income with the Images (including through Patreon), and that I may withdraw my consent under article 11.5: without reason within [14 days] after delivery of my photos, afterwards only for serious reasons.
| Signature Model Date: | Signature Photographer Date: |