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Originally Posted by Aaron Winters  Thanks for the clarification Kevin. So if I understand you correctly my services are my part of the consideration. |
There are at least two ways of looking at it.
#1: There has to be an offer, acceptance, and consideration.
You (photographer): Offer to perform photography services for $X along with the right to show client's image for promotional purposes.
Client: Accepts offer and gives you $X.
Consideration: Client's $X.
#2: Both sides have to reach agreement and provide something.
You and client agree that you will photograph her and provide her with prints and that you will be allowed to show your photographs of her for promotional purposes, all for $X.
You agree to provide photography services, and she agrees to provide you with $X.
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I'll use the more traditional offer, acceptance, and consideration. In that example, the client provides the consideration to form the contract.
Be warned, however, that not all photography sessions will result in the photographer's ability to show the client's image. For example, if you are photographing a mother breastfeeding her newborn, she might not want nor permit you to show the photo to others, regardless of your purpose.
The key in all this is a meeting of the minds (agreement is reached) and some form of consideration.
Both elements are of key importance. For example, if I were to promise you that I'll buy you a car for New Year's Day, that's not enforceable. It's unidirectional--that is, there's no consideration for my purchasing you a car for New Year's Day.
If I were to offer to buy you a new Lexus car in exchange for a photograph and you were to accept, now there's a deal, even if an expensive deal from my perspective.
Clear as mud?
Best regards,
Kevin
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