Contracts — every agreement the business issues

An arbitration agreement with a class action waiver

Where. A new clause, immediately before the signature block, with its own initial box.

Why. The single largest commercial exposure in the estate. Every drafting fault on this page is identical across tens of thousands of near-identical contracts, which is the definition of a class.

Watch out. The opt-out, the fee split and the small-claims carve-out are what make these enforceable in consumer contracts. Do not drop them to make it stronger — that is how they get struck.

A Regulation Z disclosure in place of the UK credit box

Where. Replaces the whole page headed "TILA Disclosure Statement" on the 21 finance contracts.

Why. What is there now is a British form wearing a federal title, and it grants a cancellation right the rest of the contract denies.

Watch out. The numbers already exist in section 6.0 and reconcile with the finance ledger — this is a presentation change, not a repricing.

One jurisdiction clause per state, law and courts agreeing

Where. Clause 3.0, on every contract. The table above is the working list.

Why. 35 of 48 are wrong, and 16 of those pick one state's law and another state's courts in the same breath.

Watch out. Do not simply standardise on Florida. Massachusetts and Illinois consumer statutes are not waivable by a choice-of-law clause, so a Florida clause on a Boston contract buys nothing and costs credibility.

A real cancellation right, and the notice that has to go with it

Where. Replaces the "cannot cancel" initial box and clause 4.0.

Why. Telling every consumer flatly that they have no right to cancel is the term most likely to attract a state attorney general, and the older contracts show the business used to give one.

Watch out. If any selling happens at pop-ups, hotels or weekend locations this is not a choice — the federal rule requires it. Settle that question first, because it decides how the clause reads.

A parent or guardian signature block

Where. The signature page, on every contract where the model is under 18.

Why. Children are shot at volume, a minor's contract is voidable at the minor's option, and the marketing release needs guardian consent to bind anyone.

Watch out. The CRM already holds parent name, age and date of birth, so the form can decide for itself when to print this block.

A biometric notice and written release

Where. A standalone consent, signed before any image is captured — not a clause in this contract.

Why. Illinois and Texas both regulate face data specifically, and Chicago, Dallas and Houston are live. Illinois carries a private right of action with statutory damages per violation.

Watch out. Only needed if anything actually derives facial geometry: AI generation, face matching, some automated retouching. Establish whether it does before drafting — the answer decides whether this is urgent or unnecessary.

Two separate consent boxes, neither required to buy

Where. Splits the single initial box that currently does both jobs.

Why. Marketing consent bundled into a purchase contract is consent that cannot be declined, which is the thing the rule is aimed at.

Watch out. Florida has its own stricter telephone solicitation statute and is the largest studio.

Decide who owns the copyright and say it once

Where. Clauses 2.0 and 11.0 — they currently contradict each other.

Why. An ambiguity is read against the drafter, so today the client's version wins by default rather than by decision.

Say on page one when the client actually gets the photographs

Where. The front page delivery line, and the initial box below it.

Why. Page one promises weeks; section 6.0 holds the goods until the final instalment. On a ten month plan those are a year apart, and the favourable one is printed first and largest.

Watch out. On the complaints register this is the single most complained-about term, which makes it the easiest for a regulator to evidence and the cheapest for you to fix.

A security interest disclosure, or drop the retention

Where. The Regulation Z box, and clauses 2.0, 6.0 and 7.0.

Why. Holding the goods, reverting the copyright and disposing of the work on default is a security interest whether or not it is called one.

E-SIGN consent and an automatic copy of the signed contract

Where. At the signature pad, before the client signs.

Why. The contract already promises "you are entitled to an exact copy" and says nothing about how to get one.

Watch out. The CRM already renders the signed PDF on demand, so the sending is a small change.

A stated cancellation charge instead of total forfeiture

Where. The refund sentence in clause 6.0.

Why. Keeping everything paid and converting it to credit for more of the same product is the term least likely to survive a challenge.

A privacy notice the contract can point at

Where. Referenced from clause 8.0.

Why. Clause 8.0 authorises sharing the client's portfolio and personal information with third parties, and nothing explains what is held, for how long, or how to get it back.

One delivery period, not two

Where. The nine contracts that quote both "6 weeks" and "3–4 weeks".

Why. Residue of editing a template by printing over it. The shorter one is the one that binds.

Delete the one-way attorney's fees sentence

Where. The first sentence of clause 10.0.

Why. It contradicts the prevailing-party sentence that follows it, and several states convert it to reciprocal anyway.

Carve statutory claims out of the liability cap

Where. Clause 18.0.

Why. A cap that purports to cover everything is more likely to be struck entirely than read down.

Resolve the agency question before anything else on this list

Where. Clauses 8.0 and 9.0, and the initial box that goes with them.

Why. Clause 9.0 denies being an agency; clause 8.0 has the company circulating models to the industry. This one is about licensing, not wording, so it may change what the contract has to say rather than only how it says it.

Watch out. Worth putting in front of counsel first even though it is last on this list by effort — the answer may reshape several of the clauses above.