Exclusivity in Modeling Agency Agreements

Exclusivity is a common concept used in contracts. This clause restricts the party entering the agreement from “buying, selling, or promoting any goods or services from any other person or company other than the issuing company associated with the contract.” This clause is used for the commercial advantage of the issuing company and is another legally binding agreement. 

In the modeling industry, modeling agency agreements are either exclusive or non-exclusive.  Exclusive contracts mean that the model is unable to work with another agency during the term of the contract. Essentially, the model is tied to the agent for an agreed-upon time. Non-exclusive contracts are agreements that, “don’t include exclusivity provisions that stop one party from engaging with others.”

Michelle Ye explained to us that it is common for models to have exclusivity agreements with agencies, but she has a nonexclusive agreement with her modeling agency. Therefore, she is able to work independently as a model if she so chooses. She can work with other agencies, and even book photoshoots with brands without an agent, which allows her to not have to pay agency commissions on those assignments: