Forums > General Industry > Make Up Artist! Gotta a New Drama!

Photographer

XtremeArtists

Posts: 9122

Posted by area291: 
There is certain confusion as to what can and what can't be enforced.  While the confidentiality notice itself might not be enforced, information contained could be considered proprietary and release of such might be viewed as cause to do harm. 

Nope.

The email was sent to someone who has a First Amendment right to communicate with others about it. The First Amendment protects people, not just the media. The original poster has as much right to disclose the email as CNN would if it were sent to them.

No NDA was signed, so the individual who received the email is free to share any information or communication they were party to since they haven't signed away any of their rights.

If the information was proprietary, it shouldn't have been sent to a third party.

They just have to make sure that their intent is not to damage the reputation of the person who sent the email.

Area, you give good modeling agency info, but not good legal advice.

Jul 25 05 09:53 am Link

Makeup Artist

Camera Ready Studios

Posts: 7191

Dallas, Texas, US

area291 is in the time out box for the duration of 72 hours

https://bestsmileys.com/jail/1.gif

Furthermore, should I slip up and disagree in public on any forum I will put myself in the time out box for a duration of 72 hours to contemplate my stupidity, this will be followed by a public apology.

Jul 25 05 10:03 am Link

Photographer

SayCheeZ!

Posts: 20620

Las Vegas, Nevada, US

Posted by area291: 
...It's easy to interpret the law from a surface level and how things wouldn't stand to reason from that view.  But legal sharks go much deeper and will drag that surface matter and those to the bottom with them....

You're right!  AT THE SURFACE LEVEL the 'Confidentiality Statement' may appear to be a binding legal document, but when you go deeper legal sharks, legal fish, legal minnows, (and even the kid with the bamboo fishing rod that's not even in the water) will easily see that the whole thing is chum.  It can be chewed up, torn to shreds, and easily discarded.

There is no court case that has set precedance or law that can be found that proves otherwise.

One of the fundamental laws in the U.S. Statute of Frauds makes it very clear that BOTH parties must AGREE to the terms of confidentiality BEFORE the information is to be divulged.  The same laws carry down to other forms of contracts and disclosure.

Click here or click here for one of many articles about Non-Disclosure agreeements and their uses.



Jul 25 05 10:11 am Link

Photographer

XtremeArtists

Posts: 9122

Really, there is no reason to let the terrorists win by making us afraid.

Jul 25 05 10:15 am Link

Makeup Artist

Camera Ready Studios

Posts: 7191

Dallas, Texas, US

  From what I could gather, Russ is the lowlife and Dawn simply goes along with whatever he says, almost as though she's being held captive.  She always impressed me as being a sweet person.  I'm glad they dumped me last spring and that my name is no longer associated with them.   

hmmmmm, most shrinks will agree that the passive agressive cowardly personality often marries a pitbull to carry out their dirty work. 

A victim is someone who is kidnapped, held against their will, raped at gunpoint  etc....not someone who choses a rabid pitbull as the family pet and then looks the other way as it mauls the neighbors. 

Jul 25 05 10:56 am Link

Photographer

Sophistocles

Posts: 21320

Seattle, Washington, US

Posted by XtremeArtists: 
Really, there is no reason to let the terrorists win by making us afraid.

No, the terrorists win when you're dead.

Jul 25 05 11:36 am Link

Photographer

Patrick Walberg

Posts: 45198

San Juan Bautista, California, US

I am not worried about the 'Confidentiality Statement' at all!  That statement means nothing to me because I am a 3rd party reading a message that is obviously a "form" letter they send out to everyone.  His father can not have died and then lived a year or so longer only to die again, can he?

That was also the ONLY e-mail sent to her after they got the deposit by CC AND shortly after I called to leave a message that we were wanting the money back.  It's rather obvious that it is a form message when it was not even addressed to her. The fathers death is a stall tactic!

I spoke with this Russ guy when he returned a call to my moms phone number after I had left a message. My moms phone number is NOT supposed to show up, and Russ was driving. So I asked him how he was able to get her number and he said it's easy, just call the phone service carrier. This call took place on Tuesday, and the e-mail was sent on Saturday, so if his dad had died the "last week" as the message said, then he would have told me?

"umm ... ok?"  So instead of calling my cell phone number which I left him in my message ... ok so I let that slide for the moment.  Then after I explain why I called and that I am a photographer who has worked with this lady who enrolled but has not gotten information as to where the class is or even a receipt from them for the payment ... he was as nice as a "fake could be to me.  Saying that he is sorry, that he has just been so busy!  That he "organizes classes all over the World!"  Even offering to hire me as a photographer on the West Coast ... (without seeing my work? hmm ... lol)

He does not seem like the "Bulldog" type to me because he is as sweet and accommodating but as FAKE as can be ... he is more of the "snake" type!  So he calls me while driving and then he asked me for my e-mail address so that he could send a receipt and location information to me!  I gave it to him but had the feeling he didn't write it down.  You know the feeling?  lol 

I'll let you know if my friend has any problem getting her money back!

Jul 25 05 02:34 pm Link

Makeup Artist

Camera Ready Studios

Posts: 7191

Dallas, Texas, US

so what happened?

Jul 28 05 12:27 pm Link