Forums > Model Colloquy > Leaving an exclusive contract early..help!

Model

Jess Kamz

Posts: 1

New York, New York, US

Hi All!

I'm in a little but of a bind. I joined a modeling agency exclusively in a two-year contract back in February. Since then, I've only done a handful of jobs for them -- we're talking 1 per month. Upon signing, they assured me that I'd be getting regular jobs...way more than I'd be getting if I continued working with other agencies on a non-exclusive basis, they said. 6 months later, I'm still waiting for these magical castings and jobs to appear. Because I'm exclusively bound to this agency, I'm not free to take on any other work with other agencies or other companies without giving them a cut. What's worse, I haven't been paid ANYTHING yet for the jobs I did do. I haven't seen once cent since I signed with them back in February - that's over 90 days ago.

I had a sit down with them two weeks ago to discuss upping our efforts and figuring out payment, but nothing has changed as of yet.

Basically, I want to get out of my contract. Anyone know of a good loophole (or three) that could release me before my two years are up? Thanks in advance!

Jun 01 16 08:45 am Link

Photographer

Leonard Gee Photography

Posts: 18096

Sacramento, California, US

Jess Kamz wrote:
Basically, I want to get out of my contract. Anyone know of a good loophole (or three) that could release me before my two years are up? Thanks in advance!

you don't need a loophole. you need to read your contract, specifically the termination clause and the conditions of the agreement. there may be a notification period and/or there may be a notification requirement. then you just need a termination letter or termination agreement.

read the &(*%@*#! contracts before you sign them. if the termination clause was omitted, simply talk to them and ask to terminate the agreement in writing. if they agree, make sure there is a formal termination letter.

fyi - it's normal for agencies to run 90-120 day cycles or longer for payment. they don't usually pay until the client pays them. if the client is the advertising company the invoice/payment trail goes like this:

model agency bills ad agency - 30 days+
ad agency bills client - 30/60+ days
client accounts payable cycle - 30 days+
model agency accounts payable 14 days+

almost all model agencies have the same cycle.

also, signing with an agency and waiting for the phone to ring isn't the way to get ahead. you need a good relationship with the booker and take an firm, active and co-operative part in managing your career with a light touch. they have a hard job and you need to make their work as easy as possible. but they also have the top models to herd and getting noticed without bothering the workflow takes a special talent.

Jun 01 16 09:14 am Link

Photographer

Eagle Rock Photographer

Posts: 1286

Los Angeles, California, US

I put the following phrase into a search engine and got all kinds of interesting info:

are model agency exclusive contracts valid in ny?

Jun 01 16 12:42 pm Link

Photographer

SayCheeZ!

Posts: 20615

Las Vegas, Nevada, US

For various reasons I have a feeling that the agency in question isn't a legitimately operating agency.

With that said, even without a termination clause in the contract it's very possible that you can get out of the said contract very easily without any problems or legal issues on your end,  Any contract is considered unenforceable, null and void IF they're found to be doing anything that's not according to law, that includes maintaining proper licenses, insurance / bonds, registration, paying employees on a timely basis... etc.   A contract isn't legally binding if the agent is not 100% legal.

I don't know of any jurisdiction that REQUIRES you to continue working for a company if you haven't been paid.  That alone could be a reason for you to terminate.

Jun 01 16 12:56 pm Link

Photographer

AVD AlphaDuctions

Posts: 10747

Ottawa, Ontario, Canada

If this is indeed in New York then NY law applies. You need to take your contract to a lawyer in NYC who knows this kind of law.  Even people who passed bar exams in multiple jurisdictions can't answer the question for you.  It is very specific and might depend on several factions and it is certainly not something you can always simply google.  There is a chance that google might give you the right answer but a much greater chance of you finding an answer that does not apply to your particular situation and/or can't be implemented by you.   although that probs wont stop anyone tongue

scholarship > googleship usually. when trying to break a contract......always.

Jun 01 16 02:07 pm Link

Photographer

Michael Bots

Posts: 8020

Kingston, Ontario, Canada

http://www.napama.org/legal/         will refer to the consumer affairs office in NYC

Jun 01 16 05:22 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

Michael Bots wrote:
http://www.napama.org/legal/         will refer to the consumer affairs office in NYC

The problem with all of this discussion is that we need to clarify if we are talking about an agency in the state of NY or NYC.  If it is NYC, then we need to know if it is really an agency or a management company.   The state of New York requires an employment agency license for talent agencies but doesn't require licensing for management companies.  A feature unique to New York City is that most of the big names have labeled themselves as management companies, and thus contend that they do not require a license.  By and large, both the city and the state have acquiesced and allowed the practice.

If we are talking about an NYC management company, rather than a traditional agency, consumer affairs won't have jurisdiction.  Likewise, the rules will all be entirely different. 

I suggest that the OP take the advice of the prior poster, AVD.  Ask an attorney in NY that can research the agency/management company, read the contract and give true, expert advice.

Jun 02 16 05:16 am Link

Model

Jules NYC

Posts: 21617

New York, New York, US

I wonder if you can simply ask your agency to relieve you of your exclusivity.
Before I get attacked on here, sometimes you'd be surprised what people will do if you appeal to their reason.

You are not making money, you are not one of their top earners and you are won't make a major shift in their bottom-line if you're non-exclusive.

Tell them you don't want to leave but you need to generate more income.

A contract is a contract but you never know.  I'm sure most agencies want all their models to be exclusive because if one blows up, they want the profits from that.  Plus, you still may 'blow up' and they may hold you to that contract like a pre-nup after a divorce.

Let us know what happens!
I'll be curious and follow this thread.

Jun 02 16 08:41 am Link

Photographer

Eagle Rock Photographer

Posts: 1286

Los Angeles, California, US

Jules NYC wrote:
I wonder if you can simply ask your agency to relieve you of your exclusivity.
Before I get attacked on here, sometimes you'd be surprised what people will do if you appeal to their reason.

You are not making money, you are not one of their top earners and you are won't make a major shift in their bottom-line if you're non-exclusive.

Tell them you don't want to leave but you need to generate more income.

A contract is a contract but you never know.  I'm sure most agencies want all their models to be exclusive because if one blows up, they want the profits from that.  Plus, you still may 'blow up' and they may hold you to that contract like a pre-nup after a divorce.

Let us know what happens!
I'll be curious and follow this thread.

The above is excellent advice. I would only suggest, if possible, talking to a lawyer first, and putting the "release me" request in writing.

Jun 02 16 10:24 am Link

Photographer

Michael Bots

Posts: 8020

Kingston, Ontario, Canada

Many of the issues are similar to this ongoing dispute.

'American Idol' Producer Files $6 Million Lawsuit Against Season 11 Winner Phillip Phillips
http://www.hollywoodreporter.com/thr-es … s-6-899046

"require participants to sign onerous agreements"
"also maintained that 19 had a fiduciary duty to him, and that the company had breached such duty by compelling him to take jobs that were of benefit to the company and its affiliates rather than to him"

Jun 03 16 04:48 am Link

Photographer

petemplinphoto

Posts: 187

Duvall, Washington, US

Tell them you're terminating the contract, and you'll pay back every cent you've been paid so far to get out of it! big_smile More seriously, it's quite possible that failure to pay, particularly if they haven't paid anything, could be sufficient grounds to void the contract. Contracts require two-way exchange of <something>.

Welcome to MM, if nothing else. As others have said, read the contract. What does the out clause say?

Think about the experience and contemplate what terms you'd put into your next contract. Minimum monthly pay $X or client has option to terminate contract at that point or anytime thereafter. Payment due for services within 15 days of shoot. If payment is late, agency agrees to provide client with non-exclusive commercial usage rights to the photos, and agrees that agency forfeits any exclusive rights they may have offered to other clients. (I'm just making stuff up here...)

Jun 03 16 07:00 am Link

Photographer

TerrysPhotocountry

Posts: 4649

Rochester, New York, US

Upon signing, they assured me that I'd be getting regular jobs...way more than I'd be getting if I continued working with other agencies on a non-exclusive basis, they said. 6 months later, I'm still waiting for these magical castings and jobs to appear. Because I'm exclusively bound to this agency,    Was any of the above information in your contract? I be it was not! Just remember what people say is not worth a red cent. If its not in the contract! Its worthless.

Jun 03 16 10:05 am Link

Photographer

WisconsinArt

Posts: 612

Nashotah, Wisconsin, US

Does the contract have any language for what you should be paid? Breach of contract on their part if they're not paying you for work done.

But I'm not a lawyer.

Jun 03 16 08:36 pm Link