Important Things I Think Are Worth Explaining Before A Model Signs A Modelling Contract

Why Bother?

I often get asked why someone should spend the money having a modelling contract reviewed by a lawyer.

Sometimes the request is much more limited: “Can you just take a quick look at this?” Or, “Can you have a look at the clause about fees and exclusivity?”

Fees and exclusivity are obviously important, but they are not the only things that matter in a modelling contract.

There are quite a few things in these agreements that I think justify spending a little bit of money and having the agreement properly reviewed and explained before it is signed.

And of course I say that because I am a lawyer.

But I also say it as a lawyer who really does not like seeing people sign things they do not properly understand.

What Does It Cover?

One of the first things I think is important is understanding the commercial activities that the agreement actually covers.

Sometimes those activities can go well beyond modelling, and that is something a model needs to understand before signing.

The Money

It is also important to understand what actually constitutes income under the agreement.

What income is caught by it, and what does the agreement say about that income?

Endorsements

The model’s endorsement is another area that can be very important.

Again, it is worth understanding exactly what the agreement says and what the model is agreeing to.

Then there is the obvious question of how much the model is going to get.

But even that should not necessarily be looked at in isolation.

The agreement may also affect other opportunities available to the model, and that needs to be understood as part of the overall arrangement.

What Will The Agency Do

Another thing I think deserves proper attention is the services being provided by the agency.

What is the agency actually going to do for the model?

The agreement should make it clear what the agent is going to do and, equally, what the model has to do.

Those obligations need to be looked at properly rather than simply assuming the relationship will operate in a particular way.

The length of the contract is also important. How long does it run for? What happens at the end of the term? Does anything continue after the agreement has expired?

Exclusivity

Exclusivity is another area that needs more than a quick glance.

Exclusive to whom, and exclusive in relation to what?

Is the exclusivity simply with that agent?

How does it work if there is a mother agency agreement?

What happens where there are agreements with other agencies?

These are things that need to be understood before the model enters into the arrangement.

A Model’s Image

The right to use the model’s image is also very important.

A modelling agreement may contain provisions dealing with how the model’s image can be used, and those provisions deserve careful attention.

Expenses

Expenses are another area that should not be overlooked.

The agreement may allow for advances to be made or expenses to be incurred on the model’s behalf.

A model should understand how that works and what the agreement allows the agency to do.

Ending It

It is also important to understand how the contract can be terminated.

How does the model bring the relationship to an end? What does the agreement actually say about termination?

And then there is the question of what happens after the agreement expires or is terminated.

Do certain things continue?

That is something that should be understood before signing, not after the relationship has come to an end.

The point is that there are a lot of things in a modelling contract that are worth having explained.

It is rarely just a question of checking the fees and exclusivity provisions and leaving it at that.

In my view, if you are going to sign an agreement that affects your work, your income, your opportunities and the use of your image, it is worth understanding what you are signing.

That is why I think there is value in having a modelling contract properly reviewed and explained before it is signed.

Paul Ippolito provides practical legal advice to fashion, catwalk and promotional models across NSW.

He reviews and explains modelling contracts, advises on agency agreements, unpaid fees, disputes, unauthorised image use and ending contracts, helping models understand their rights before making important career decisions.

To discuss your circumstances, contact Ippolito Lawyers to arrange an initial consultation.