New models in the modeling industry often find the various types of contracts and legalese lingo to be dizzying and even a little intimidating. While the right contract -fully understood and properly negotiated– can help further and sometimes launch a model’s career; a contract signed with a lack of understanding or negotiating on the model’s part can easily lead to headaches and disappointment. As a result it is imperative that all new models fully understand how to read and comprehend modeling contracts. However, despite the potential pitfalls, signing a modeling contract doesn’t have to be a stressful or confusing experience. In an effort to help you sign with confidence we have created a Understanding Modeling Contracts Top 10 list, which highlights the contracts you are most likely to come across, and helps you better understand each contract type, what it all means, how to negotiate a modeling contract, and how to avoid popular scams. Keep in mind that in addition to studying our Understanding Modeling Contracts Top 10 list, it is also advisable that you seek legal counsel before signing any contracts.
1. Understanding the Use of Contracts in the Modeling Industry – In the modeling industry contracts are essentials that you will encounter on a regular basis. There are a variety of contracts that you will encounter, but all have the same goal: to create a legally binding agreement between you the model and the modeling agency, client, or photographer – laying out commitments made, compensation agreed upon, expectations, permissions, exceptions, and limitations. It is imperative that you carefully review contracts in their entirety, ask any questions you may have, clarify any confusion, and seek third party legal counsel before signing.
2. Understanding the Non-Exclusive Modeling Contract – The Non-Exclusive Modeling Contract with a modeling agency is a contract that allows a model the freedom to sign with more than one agency on a non-exclusive basis. This means that if the modeling agency finds a job for you they are entitled a commission. However, they are not entitled a commission on any jobs found by you or other agencies.
3. Understanding the Exclusive Modeling Contract – The Exclusive Modeling Contract is the exact opposite of the Non-Exclusive Modeling Contract. In the Exclusive Modeling Contract you are legally binding yourself to the agency, exclusively. When you sign this contract you are agreeing that you understand you are not allowed to sign with any other agency for the duration of your contract, and that the agency is entitled to commissions on all of your jobs including jobs you scored on your own. For many models, the exclusive modeling contract is their goal once they have developed a proven track record as a model.
4. Understanding the Mother Agency Agreement – The Mother Agency Agreement is a contract that can be either beneficial or damaging, depending on your individual situation. Mother Agency Agreements are often used by smaller local modeling agencies whose reach doesn’t extend much further than their own geographic region, but who still plan to polish you as a model for the national and international arena. In these agreements you are essentially signing on with the modeling agency, agreeing that the modeling agency has the intention of helping you secure a spot with one of the top modeling agencies. However, you are also agreeing that once they help you secure a spot with a top agency they will still be entitled to a percentage of your earnings and they remain as your “mother agency”, with the top agency essentially having their permission to work with you. This agreement is also often used by modeling schools, some of which can potentially result in a not-so-ideal agreement long-term. For that reason it is very important that you carefully review the entire Mother Agency Agreement, ideally with third party legal counsel, to assure that the contract is clear and fair.
5. Understanding the Model Release – The model release is a routine legally binding contract between you the model, and a photographer. By signing a model release you are giving the photographer and/or his clients the rights to use your photographs commercially, as well as the rights to sell your photographs. The terms of the release will also be cited in the model release including, but not limited to, how the model will be compensated and any limitations. Make sure that you read the model release carefully and voice any questions or concerns you may have before signing.
6. Understanding the Booking Agreement – The Booking Agreement is a contract between a model and a client, usually with the model’s agency handling the agreement and acting as the “go between”. In the Booking Agreement you are agreeing to provide the specified modeling services to the client on the specified date, releasing publication rights, for a specified rate of compensation.
7. Understanding Contract Clauses – Modeling Contracts often contain clauses –stipulations or provisions in the contract-which can be requested to be included in the contract by either you or the other party if needed and agreed upon in an attempt to clarify any questions or issues that may arise in the future. In many cases, clauses in modeling contracts essentially provide additional protection for the “what ifs” for both the model and the agency or client, but these clauses can also be an avenue for a company to take advantage of a new model. An example of a modeling contract clause that is beneficial to the model is the performance clause sometimes seen in exclusive contracts which stipulates that an exclusive contract will be converted into a non-exclusive contract if a particular amount of work is not netted within a set amount of time. Contract clauses can prove to be your best friend down the road if something does come up, or they can be the biggest thorn in your side, so it is definitely suggested that you seek third party legal counsel to help you decide if you need to request the removal or inclusion of any clauses in your contract.
8. Understanding Your Rights and Responsibilities – When you sign a modeling contract you are legally binding yourself and are promising that you will follow through with the commitments you made in the contract – just as you expect the other party to follow through with their commitments as laid out in the contract. It is your responsibility to read the contract completely before signing, to understand what you are committing to in the contract, and to follow through with your contractual promises. It is your right, as well as your responsibility, to seek third party legal counsel before signing any modeling contracts. It is also your right to have any contract questions answered, and any confusion clarified, before you sign – just remember that questions can’t be answered and confusions can’t be clarified unless you take responsibility to ask.
9. Understanding How to Negotiate – If you aren’t happy with the terms of the contract, do not settle… but rather sit down and negotiate. This is a great time to show that you don’t just have a pretty face, but also possess a business mind. Don’t be afraid to request discussions on contract elements that you aren’t comfortable with or feel are unfair, or even to discuss a higher rate of compensation that you feel is fair. Never compromise your morals or comfort level. Always consider having third party legal counsel with you when negotiating a contract.
10. Understanding Popular Scams and How to Protect Yourself – As a new model it is important that you are aware of all the potential scams out there so that you can recognize them and in turn avoid them. If an agency requires money in exchange for representation, you can almost be assured that they aren’t a legitimate agency. Don’t take anyone’s word for it – always get verbal promises or agreements in writing. Be wary of agencies and programs that promise everything you’ve ever wanted in exchange for a “refundable deposit” or costly classes and books – if it sounds too good to be true, it usually is. Also remember that a modeling agency shouldn’t take more than a 20% or 25% cut on your earnings. Of course people think up new scams every day, so remember to always listen to your gut and don’t pursue anything that seems shady or doesn’t feel right. If you happen to become a victim of a modeling scam, be sure to notify the Better Business Bureau and the Federal Trade Commission of the company’s unethical practices. It is also wise to check with the Better Business Bureau before developing a business relationship with an agency or other company.
