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I just can't believe ...
how naive some models are.........Models will agree to shoot with you on these websites and then change their minds after you've gone and contracted a makeup artist , stylist , etc,...don't they understand that these little agreements made on these websites are legal and binding ? Don't they understand that we can charge them IN COURT for not showing up ? Dec 28 06 06:06 pm Link No, but let us know what the judge says. Dec 28 06 06:10 pm Link detrimental reliance, no? especially after you show a string of emails indicating an intent to shoot. a contract forms when there is an offer, an acceptance, and consideration. Dec 28 06 06:25 pm Link Full Sun Photography wrote: and the color of the sky on your planet is? Dec 28 06 06:30 pm Link Full Sun Photography wrote: meh, cry me a river. Try wasting weeks of time and money shooting 10k photos for a website and then have the model decide she doesnt wanna do it. Dec 28 06 06:35 pm Link Full Sun Photography wrote: Dec 28 06 06:39 pm Link MrE Creations wrote: And this is precisely why you should just pay the models for the shoots per diem and then you make 100% of the profits the site makes. No profit sharing involved. Dec 28 06 06:39 pm Link What are all of you saying ? that these agreeements are not biding ? not the the way I've understood verbal , let alone written agreements to be.. Dec 28 06 06:40 pm Link MrE Creations wrote: I'll pass. Dec 28 06 06:41 pm Link Full Sun Photography wrote: But then you have to prove that she was in fact the person who was writing them on her own behalf. It would be very easy for her to simply say that her 'manager' wrote them for her and therefore you should be suing him. Oh... and by the way, she doesn't remember what his name was. Dec 28 06 06:42 pm Link John Jebbia wrote: Uh huh. Thats what I will be doing from now on. Dec 28 06 06:42 pm Link John Jebbia wrote: Paying, even in cash per diem is still no guarantee against no shows. Dec 28 06 06:43 pm Link Buwahahahahha Dec 28 06 06:44 pm Link Full Sun Photography wrote: I think that's exactly what they're saying. You honestly think you can take someone to court over a verbal agreement? Gee, my last boyfriend told me he would always love me - think I can sue him for dumping me? Dec 28 06 06:44 pm Link Full Sun Photography wrote: Is he really serious....I thought he was joking! Dec 28 06 06:45 pm Link Just check their references before you agree to work with them. Dec 28 06 06:45 pm Link MrE Creations wrote: By 10k are you referring to the pay you would have received for those shots, Michael Bell - I mean, "Mr. E"? And you complain about models asking $150 an hour? Dec 28 06 06:47 pm Link Full Sun Photography wrote: Is this Tennessee mentality? Dec 28 06 06:48 pm Link Catriona wrote: Damn good example. Dec 28 06 06:49 pm Link Catriona wrote: Go find someone else to bother. You cant possibly have that much time on your hands. Dec 28 06 06:50 pm Link I guess I'll pass too..I have always been under the understanding that Verbal Agreements WOULD stand up.. , but I guess ya'll know more than some of the lawyers I know..and when you've got agreements made on these websites then...aren't they then WRITTEN AGREEMENTS..??????? BEtter check your law... Dec 28 06 06:50 pm Link Full Sun Photography wrote: curt needs to see this crap. Dec 28 06 06:52 pm Link I believe that there has to have intent shown by both parties to do the shoot, along with a very strict date and time, agreements made 100%....and then show intent to purposefully not show up.... All that intent is hard to prove...sadly. Dec 28 06 06:52 pm Link Full Sun Photography wrote: True, that verbal contracts are binding... IF YOU CAN PROVE THEM. Dec 28 06 06:53 pm Link Do your research. A verbal agreement to perform a service or to pay for a service is technically a contract and therefore subject to all the same laws as any other contract. They are hard to enforce, which is why people always say "get it in writing," but a verbal contract is, in fact, a contract. Dec 28 06 06:53 pm Link blah I had a bad experience with this one... as a model. I merely had a conversation with the photographer just to get an idea of the assignment he was proposing. And after the phone call deciding it wasn't something I wanted to do he harrassed me for weeks saying rude things because I hadn't respond to the emails. Then calls me froma blocked number! We had NO intent of actually collaborating and but the asshole somehow flattered himself into thinking so. because we had one stupid conversation. ugh some people in this industry! take a break if that's what you need! Dec 28 06 06:54 pm Link Colin Talcroft wrote: wrong times a billion. Dec 28 06 06:55 pm Link Some law knowledge... A deal done on a handshake - "You do X for me, and I'll pay you Y" - is a contract, because it is a legally enforceable agreement involving an exchange of promises. Most contracts are enforceable whether they are oral or written. Nonetheless, you should always have written contracts for all your business relationships. A contract is formed when one party (the "offeror") makes an offer which is accepted by the other party (the "offeree"). An offer - a proposal to form a contract - can be as simple as the words, "I'll wash your car for you for $5." An acceptance - the offeree's assent to the terms of the offer - can be as simple as, "You've got a deal." Sometimes acceptance can be shown by conduct rather than by words. When an offer has been made, no contract is formed until the offeree accepts the offer. When you make an offer, never assume that the offeree will accept the offer. Contractual liability is based on consent. Dec 28 06 06:56 pm Link but on a side note guys... if this is so serious stop bickering on a modeling website and take it to your attorney to figure it out! geeeeze just my 2 cents Dec 28 06 06:57 pm Link but on a side note guys... if this is so serious stop bickering on a modeling website and take it to your attorney to figure it out! geeeeze just my 2 cents Dec 28 06 06:57 pm Link I'm not talking about a simple conversation...I'm talking about an agreement.I'm not into taking ANYONE to court...BUT...if a model... and a photographer... have agreed to a shoot..and it's cost him money...are you saying that ..he's OUTA GAS collecting his losses ? Dec 28 06 06:58 pm Link I'm sorry I've gotten into this forum conversation..I'm just trying to understand when an agreement is an agreement..it's always been my understanding that a verbal agreement was EQUAL to a WRITTEN agreement..I'm outa here... Dec 28 06 07:12 pm Link Full Sun Photography wrote: consult an attorney. Dec 28 06 07:14 pm Link It's just confusing to me because I've sit in on several of these forums and listened to people talk about verbal agreements on different things..I'm not looking for an arguement here..just trying to find out what really is legal when it comes to internet conversation..I've listened to many WELL KNOWN photogs on here talking about LEGAL AND BINDING.. , but when I ask the same questions there seems to be a separate set of rules.. Dec 28 06 07:24 pm Link Legally you have a 50 - 50 chance of winning (losing ) your case in a cout of law. I should know........ "I spent last night at a Holiday Inn."! Dec 28 06 07:26 pm Link Full Sun Photography wrote: 1. i thought you were done posting Dec 28 06 07:28 pm Link Stop watching Hawaii Five-o and Columbo people. Get it in writing, signed, sealed and delivered, not on some internet chat-line. That's my rant for the day to which someone willl come along and disagree with me. Hell what do I know. I've only been doing this for about 15 years...give or take. Dec 28 06 07:32 pm Link Perhaps it's you who don't like them because you don't want to be held accountable for agreements you might make on here..HA HA.. Dec 28 06 07:32 pm Link AS Will Rodgers once said "Verbal agreements are not worth the paper they are written on!" So true Dec 28 06 07:34 pm Link I make agreements on here all the time...I agreed to let Daniela shoot me naked...oh wait, I mean the other way around...heheh Dec 28 06 07:35 pm Link |