Creative Collaboration Agreement — Ben Horton Photography

This agreement is written plainly on purpose. There's no hidden language here. The goal is for both of us to walk away from every shoot with work we're proud of, a clear understanding of how those images may be used, and no surprises.

A lot of what we do together doesn't fit neatly into the box of a traditional photo shoot. Sometimes it looks more like two people going somewhere interesting and seeing what happens — a dive, a climb, a long paddle, a walk through somewhere wild. This agreement covers those moments too. It's built for honest collaborations, not transactions.

Section 1

The Shoot — What We Both Agree To

What I'll do

I will do my best to create images you will be proud to share. I take that seriously.

Before we shoot, we'll agree — by text, email, or through this form — on what we're doing, the general nature of the images, and any limits you have. Once we've set those, I will honor them.

If I take a photograph that goes beyond what we agreed on — something you are genuinely uncomfortable with and feel misrepresents you — I will delete it. Full stop. If it's a documentary moment that I believe has real artistic or editorial merit, I may want to have a conversation with you about it and I might try to change your mind. But at the end of that conversation, we both need to be on board. If we're not, it goes.

A note on editing

I'm here to photograph you as you are. There may be minor retouching — cleaning up a shadow, a skin blemish, or balancing something introduced by a pose or a lens choice — but I am under no obligation to edit or manipulate you beyond your honest appearance, and I won't. I want to show what's genuinely beautiful about you, not construct a version of you that doesn't exist.

What I'm asking from you

I ask that you honor the same boundaries we set in advance. If something comes up on the day and you're not comfortable, say so — I'd rather adjust than push through something that feels off.

If you posed for a photograph — knowing I was there with a camera, knowing the general purpose of the shoot — that's a form of consent. My using those images, in the ways described below, is the expected outcome of that moment.

The nature of this work

This is a fine art and documentary collaboration. Some images will be directed; others will be captured in the moment as they happen. You will not always know exactly when I'm shooting. That's part of how honest, natural work gets made. By agreeing to this, you are comfortable with that approach.

No obligation to post or publish

I am under no obligation to use, post, or publish any photograph from our shoot. Creative discretion over what gets shared is mine. I have the final say over which images are finished, distributed, and presented as my work.

Chaperones

You are always welcome to bring a chaperone. They may be present on set and are there for your comfort. They will not direct or participate in the shoot itself.

Section 2

Image Rights — How I May Use These Photographs

Because this is a trade shoot — meaning neither of us is paying the other — part of what you're contributing is the right for me to use these images in the following ways:

Personal portfolio and portfolio books
Fine art prints offered for sale — galleries, exhibitions, direct print sales
Non-commercial published books — coffee table books, photography collections, editorial anthologies
Social media — my personal and professional accounts
Website and online portfolio
Press, editorial, and grant submissions related to my work

I will always try to tag you when I post. It's good for both of us. But tagging is a courtesy, not a requirement — situations arise where it's not practical, and I can't guarantee it every time.

Image review

After the shoot, I'll share a selection of images for your review. At that point, you may flag any image you'd like reconsidered. After that review window, my use of the approved images proceeds as outlined here.

If you change your mind about an image later, reach out — I'll consider it, and context matters. A change of heart for personal reasons will be handled differently than one driven by a business conflict, a public dispute, or an attempt to revise history. My goal is always to be reasonable, but the final decision on published work remains mine.

What this does not cover

This agreement does not give me the right to license your image to a brand, advertiser, or commercial client without a separate conversation. If a commercial opportunity comes up involving your image specifically, I'll reach out to discuss it — and any compensation — before moving forward.

Section 3

Content & Nudity

All work produced under this agreement is fine art in nature. I am not interested in producing pornographic content. Everything we create together is made with artistic intent.

Age requirement — non-negotiable

Any photograph involving nudity — partial or full — requires that the person being photographed is 18 years of age or older. This is absolute and has no exceptions. If you are a minor — meaning under 18 years of age — the nudity options in this agreement are not available to you, and no nude or partially nude images will be made during our shoot under any circumstances.

Comfort levels

Before we shoot, you will indicate your comfort level with nudity. Your options are:

Not comfortable — Nudity of any kind is not on the table. This is respected without question.

Unsure — You're open to the idea but not committing in advance. You'll indicate how you'd like to handle it: either I may suggest it if the moment feels right and you'll decide then, or you'll let me know if you become comfortable during the shoot. Either way, nothing happens without your clear indication in the moment.

Comfortable with partial nudity — You're open to topless, bottomless, or implied nudity. You may write in any specifics or limits in the space provided.

Comfortable with full nudity — You're open to full artistic nudity. You may write in any specifics or limits in the space provided.

Written consent — always required

Consent to nudity can be withdrawn at any time, including during the shoot. It cannot be given — including during the shoot — without being stated explicitly in writing in advance on this form. What is written here is the record. Nothing said in the moment supersedes it.

Face inclusion in nude images

Regardless of your general comfort level with nudity, you will indicate separately whether you are comfortable with your face appearing in nude or partially nude images. These are different questions and treated as such. A photograph in which your face is identifiable is a different kind of image than one in which it is not.

Swimwear & product detail shots

For swimwear and fashion shoots, I may take close crop shots that isolate specific areas — a swimsuit top, the chest or breast area in a swimsuit, a swimsuit bottom, or the full curve of a hip or buttocks. You will indicate your comfort with these separately in the form below.

If you are under 18

To be straightforward: I don't typically photograph anyone under 18. If I've agreed to do so in your case, it was a specific and deliberate decision. Any shoot involving a minor requires a parent or legal guardian present on set for the duration of the shoot, as well as a member of my own team. No exceptions.

Section 4

Risk & Liability — The Honest Version

Some of what we do is risky. That's often what makes the work interesting. We might be in the ocean, on a cliff, in a boat, in the desert, at elevation, or somewhere that demands physical effort and attention. I'm not going to pretend otherwise.

Your responsibility for yourself

By participating in this shoot, you confirm:

You are physically capable of the activities involved, or you will tell me if you're not
You understand that outdoor environments — ocean, rocks, altitude, remote locations — carry inherent risk
You are voluntarily participating, and that participation is your own choice
You are responsible for your own health, safety decisions, and physical wellbeing during the shoot

Release of liability

By signing this agreement, you release Ben Horton, Ben Horton Photography, and any associated business entities from liability for any injury, accident, loss, or damage that may occur during or as a result of participating in this creative collaboration — including activities involving water, heights, remote locations, wildlife, physical exertion, or other inherent outdoor risks.

This release applies to incidents that arise from your own actions, from the natural environment, or from unforeseen circumstances. It does not apply to gross negligence or intentional misconduct on my part.

If anything about the location or activity feels unsafe to you, you have the right — and I encourage you — to say so and stop. No photograph is worth getting hurt over.

Section 5

The Short Version

We talked about what we're doing before we did it. That conversation matters.
You showed up and participated knowing I had a camera. I'm going to use those images.
I'll try to tag you. I'll work with you if something crosses a line. But I decide what's finished work.
Nudity is never assumed. It requires your explicit written consent in advance — and it requires you to be 18 or older. Nothing said during the shoot changes what was written here.
If an image genuinely misrepresents you, it goes. If it's a documentary moment worth discussing, we'll talk — but we both have to be on board.
I'm here to show what's genuinely beautiful about you. I'm not here to construct a version of you that doesn't exist.
Outdoor shoots carry real risk. You're an adult making your own choices about that.
I'm not licensing your image to brands without your knowledge. That's always a separate conversation.
I genuinely want us both to walk away from every shoot with something we're proud of.

By signing this agreement — in writing below — both parties confirm they have read and understood it in full, that it reflects what was discussed and agreed upon, and that they are entering into it voluntarily.

Creative Collaboration Agreement