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Has anyone here done this sort of thing? What legal bases should I make sure to cover? Should I prepare a specific model release? My husband suggests that I just add a clause to the portrait commission contract (not yet signed) that says I can use the photos for other purposes than the specific commission and leave it at that.
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I have two separate documents -- a model release and a contract. When a commission is contemplated, I require one third down at the time the reference photos are taken. When you take money there should be a contract signed and a receipt given. Separate from that, if you take photos there should be a model release signed. This release gives you full rights to the images whether a commission goes forward or not. If there is compensation for those rights thats another issue to be dealt with.
You seem to be behind the curve on both of these. If I were you I would bring a model release with me and have them sign it separately from the contract. It is these documents that speak for your right to use the images. I don't like the idea of going back hat in hand and asking permission. What if they say no, will you be OK with that? If they sign the release the matter should be closed.
For this time only I would incorporate the model release into the contract as if it were page 3 of 3. Then I would present it with a smile on my face and not a lot of explanation about what I may or may not end up doing with my rights.
If it all goes wrong at the time of signing it would have probably gone wrong anyway.