Forums > Model Colloquy > Signing a contract - big decision?

Model

Thomas Laughton smith

Posts: 2

Bristol, England, United Kingdom

Hey, please give me advice if you can.

I went to see an agency in Australia and they gave me a contract that makes them my mother agency. They seem good but issue is I may only  be in this city for a few months and then move somewhere like Sydney simply because it's more prominent for fashion (it's mainly commercial where I am). As such I'm not sure if it makes sense to sign such a contract with an agency here?
The agency tells me not to worry, that the contract isn't legally binding in Australia, even though it would be in Europe. Also there is a clause saying that were I to breach the contract I'd have to 'pay any costs incurred by the agency and any commissions up until the termination date'. As it seems to me, this means if I need to end the contract, move elsewhere and sign with a different agency, there would be no penalty other than paying what I owe. I've no experience and so am a little naive in this industry so don't know what to think. Any advice? Thanks for reading either way.

Apr 30 14 01:23 am Link

Photographer

Rob Photosby

Posts: 4810

Brisbane, Queensland, Australia

What is the point of their offering you a contract that they say is not legally binding, when being legally binding is the whole point of having a contract.

Beyond that, why not amend the contract to expire around the time when you expect to move to Sydney?

Apr 30 14 06:30 am Link

Photographer

J O H N A L L A N

Posts: 12221

Los Angeles, California, US

'pay any costs incurred by the agency and any commissions up until the termination date'

Unless they're going to succinctly define 'costs', I'd never sign that.

Apr 30 14 08:46 am Link

Model

Thomas Laughton smith

Posts: 2

Bristol, England, United Kingdom

Thanks. Replies appreciated.

May 01 14 01:02 am Link

Model

LeePatrick

Posts: 88

Houston, Texas, US

pops was a lawyer, and i was going to be one until my inspirations shifted;

incurred bit means, if they front/loan you money it is expected to be paid back through your work on whatever dealings you have with said agent

the commissions bit means if you get paid through a job on record, they expect their percentage during, or at the end of the contract(or they will sue you for it)

doesn't sound too wrong of them protecting themselves, however i can't give you a full fledged answer since i don't know the language of the whole contract itself.


example: not a lot of people like going through lawyers since its costly and sometimes often blunder on themselves for not doing so; i received a contract stating this language- "If any set backs due to GOD, and to nature were to happen within the contract it will be terminated if needed on said issues"

Did my team of legal experts laugh at that ever...; what they meant was "if a natural disaster happened and prohibited you from making a shoot or a show, you can terminate or we can if needed"

ideally in this industry(and others) a lot of ignorant people try to write up their own fancy wording, what they don't take into account is if it doesn't make sense to a judge, it will just be overlooked and both parties will get a slap on the hands.

i hope that helped.

May 03 14 08:29 pm Link