Modeling Agency Agreements - Term and Termination
A modeling agency contract should state the length of the contract term, the outlined details of services provided by both parties, the scope of representation, the scope of termination rights, and any renewals of the contract term. Typically, agencies will provide a one-to-three year contract that automatically renews unless one of the parties gives advance written notice to not renew. In some States, automatic renewal agreements can be illegal. Doreen Small explained to us what a model should look for in a modeling agency contract:
As emphasized by Ms. Uduak, for models, knowing your contract and knowing how to leave your contract are important, because a model may be unhappy with her current agent (for various reasons, including the amount and types of opportunities the agent finds for the model), and need to find a new agent to obtain better opportunities. A termination clause could be included that states any grounds for termination by either party as well as any procedures that must occur before termination. But the procedures aren’t set in stone – they can be adjusted through negotiation. Examples of this could include letting the other party know in writing, agreeing to continue services as usual within a certain time period until the model is expected to find another agency for representation, etc.
However, without a proper notice of termination, an agency can refuse to terminate. In some states like California, there are laws requiring that modeling agencies provide a model with the right to terminate the contract if they fail to book them or send them on castings for a specific period of time (Pagliara, 2014). Ms. Small explained some reasons models and agencies often want to terminate modeling agency agreements, what contract breaches often occur, and differences between New York and California law:
As noted above by Ms. Small, if a model leaves one agency to sign a contract with another agency without proper termination of the first agency’s contract, sometimes the two agencies agree to split commissions for a period of time until a release is issued. In New York, if the contract has no end date and there is no termination clause, you are allowed under New York law to terminate the contract by providing reasonable advance notice to the other party. However, contract termination does not relieve you of your obligations if they were required to occur before your termination (Ratschko, 2022).
References
Dengel, C., & Eletu, A. (2022, January 26). What You Need to Know About Modeling Agency Contracts. Romano Law. Retrieved May 10, 2023, from https://www.romanolaw.com/2022/01/26/what-you-need-to-know-about-modeling-agency-contracts/
Pagliara, N. (2014). INFLUENCER & MODEL CONTRACTS. Pagliara Law Group. Retrieved May 11, 2023, from https://pagliaralawgroup.com/infliencer-model-contracts/
Ratschko, I. (2022, May 10). Can I get out of that Contract? - Ratschko Wallace PLLC. Small Business Lawyers NYC | Ratschko Wallace PLLC. Retrieved May 11, 2023, from https://www.newyorksmallbusinesslaw.com/can-i-get-out-of-that-contract.html