Guss W wrote:

Here is how it's different...
Under the contract laws of the U.S. states, and I believe also Canada and the U.K., the general rule is that minors do not have the capacity to enter into contracts (purchases).  The exception to the rule is necessities of life.  As much as we photographers would like to think of our images as necessities, a court would probably not agree.  A parent could ask for their child's money back on a photographic purchase.  They could not ask for their money back on food or haircuts.  So that's how it's different.

Does it happen often?  No.  Could it happen?  Yes.  Let the seller beware.

Do you have the specific law you are referring to here? I've never heard of this before.

Soda and candy is not a necessity of life, either. Try to get your money back from the store after it's sold to and eaten by the child. I highly doubt that would go over well.....it's theft by deception.

If a service is rendered, payment is required. The only thing that could overrule that as far as I know is if the service does not meet the expectations of the client.

General rules and law do not normally go together well. Specific wording would be nice to see. Case law would work nicely here, too.

I don't think it's different at all. Unless you have a case where this has happened that you can share.

Carly Cherie wrote:
What photographers are willing to work with somebody that's 16

Unless she is with an agency or unsigned and agency worthy, not I.

Not worth the perception risk.  Look at my portfolio and you will see why.

Guss W wrote:
Here is how it's different...
Under the contract laws of the U.S. states, and I believe also Canada and the U.K., the general rule is that minors do not have the capacity to enter into contracts (purchases).  The exception to the rule is necessities of life.  As much as we photographers would like to think of our images as necessities, a court would probably not agree.  A parent could ask for their child's money back on a photographic purchase.  They could not ask for their money back on food or haircuts.  So that's how it's different.

Does it happen often?  No.  Could it happen?  Yes.  Let the seller beware.

Photons 2 Pixels Images wrote:
Do you have the specific law you are referring to here? I've never heard of this before.

Soda and candy is not a necessity of life, either. Try to get your money back from the store after it's sold to and eaten by the child. I highly doubt that would go over well.....it's theft by deception.

If a service is rendered, payment is required. The only thing that could overrule that as far as I know is if the service does not meet the expectations of the client.

General rules and law do not normally go together well. Specific wording would be nice to see. Case law would work nicely here, too.

I don't think it's different at all. Unless you have a case where this has happened that you can share.

In my haste, I misspoke.  I should NOT have said that a minor cannot enter into a contract.  More precisely, I should have said that a minor CAN enter into a contract for purchase, but being a minor, he can unilaterally rescind it and ask for his money back.  The contract, though, cannot be disaffirmed for common necessities of a normal life.  Food, clothing, haircuts, school supplies would come under necessities.  It's one-sided too – A vendor cannot get out of his side of it if the minor chooses to enforce the contract against him.

Any second-year law student could confirm this for you.  It is a carryover from Common Law.  It is enforced very liberally in favor of the minor's ability to disaffirm contracts as in Kiefer v. Fred Howe Motors, Inc.  Also see "http://en.wikipedia.org/wiki/Capacity_(law)" .

Any more, and I will have to invoice you for the research time.

Captured Grace wrote:

I'm sorry, wouldn't matter for me, I, like most in my position, have put too much sweat, blood, tears and cash into my profession and reputation to put it in the hands of a teenager. I'm not trying to discriminate, but you aren't even old enough to sign a contract that would be considered legally binding. It's a potential nightmare. All it would take is ONE person considering ONE image REMOTELY exploitative and I'm ruined. Sorry, that's the world we now live in.

Guss W wrote:

Guss W wrote:
Here is how it's different...
Under the contract laws of the U.S. states, and I believe also Canada and the U.K., the general rule is that minors do not have the capacity to enter into contracts (purchases).  The exception to the rule is necessities of life.  As much as we photographers would like to think of our images as necessities, a court would probably not agree.  A parent could ask for their child's money back on a photographic purchase.  They could not ask for their money back on food or haircuts.  So that's how it's different.

Does it happen often?  No.  Could it happen?  Yes.  Let the seller beware.

In my haste, I misspoke.  I should NOT have said that a minor cannot enter into a contract.  More precisely, I should have said that a minor CAN enter into a contract for purchase, but being a minor, he can unilaterally rescind it and ask for his money back.  The contract, though, cannot be disaffirmed for common necessities of a normal life.  Food, clothing, haircuts, school supplies would come under necessities.  It's one-sided too – A vendor cannot get out of his side of it if the minor chooses to enforce the contract against him.

Any second-year law student could confirm this for you.  It is a carryover from Common Law.  It is enforced very liberally in favor of the minor's ability to disaffirm contracts as in Kiefer v. Fred Howe Motors, Inc.  Also see "http://en.wikipedia.org/wiki/Capacity_(law)" .

Any more, and I will have to invoice you for the research time.

I think you need to take that time and do more research. However, you should bill yourself. As far as I can tell, that does not fit this case. Sorry.

Carly Cherie wrote:
I was reading through a lot of things written directed to me, it is so freakin rude

You guys that said stuff to me have noo idea why I would want to model again, I don't think I'm pretty or anything.  I stopped modeling after my mom died 5 years ago, and I couldn't model because some people just simply said that I was too fat and not pretty enough,...I want to model and be successful or whatever just to prove to myself and to them that I was pretty or at least worth something.

Forums can get rough-and-tumble at times.  Don't take it too personally since you know that most commenters haven't even seen you face-to-face to size you up.

As to the pretty thing – There's all kinds of pretty.  Not everybody is fashion-style pretty, but that doesn't mean you wouldn't fit in somewhere else.  The commercial world often looks for a more normal kind of “pretty” than the fashion world.

I'll bet you got more than one offer to help, didn't you?