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Agency Contract
I am offered to sign with an agency in Nevada. They sent me a contract including a disclaimer that if I get hurt they wont take care of me and all workmens comp charges are my responsibility, and if anything / one gets damaged during the shoot they arent responsible. Is this standard? Does anyone have a copy of a standard agency contract? I appreciate your input! Oct 26 06 02:21 am Link Holly Bruce wrote: It probably is, depending on NV state law on the subject, in so much as they are not your employer [agencies never are] and you are considered an independent contractor. In a round about way they seem to be saying this... in which case this would be what you might expect to see in the agreement. It's hard to judge exactly why that is there without seeing the actual contract language in that section/part. Oct 26 06 02:37 am Link They are saying that I'm an independent contractor and accept all responsibilities related to within.. Is this a bad thing? Oct 26 06 02:41 am Link Holly Bruce wrote: slight aside: you're in Arizona & they're in Nevada. will they be promoting / marketing you in your state? will you be able to make it to any/all go-sees they might have in Nevada? is their client base wide enough to find you enough work? Oct 26 06 02:52 am Link Holly Bruce wrote: No, not a bad thing, but you should get some advice about insuring yourself as any business / self-employed person would. You don't necessarily need a lawyer in this case but I would suggest that you talk with an insurance broker that does business insurance. You may need some form of general business liability coverage [for anything that happens to someone else that you might be blamed for] and you will also want to see about health/life insurance for yourself. Oct 26 06 02:59 am Link Thanks! If anyone has more information to add I would be most appreciative  Oct 26 06 03:23 am Link In Nevada, ALL talent and modeling agencies must be licensed, and among the qualifications of licensing is obtaining workmans comp insurance. As a matter of fact, by law workmans comp insurance is REQUIRED to be obtained by ANY and ALL business in Nevada that have employees. The workmans comp insurance is paid by the employer, not the employee. Even if you end up working as an 'independant contractor', there's still laws in place which make sure that the agency has liability insurance and other insurance to cover injury and damage to property even if you don't have insurance. It sounds like you're operating with one of many fake agencies that operate over the internet. Below is a list of the only REAL, QUALIFIED, and LICENSED agencies in Southern Nevada that won't feed you the bullshit that you've experienced. I have a feeling that the agency that contacted you won't be found on the list. In Nevada, Talent agencies and Modeling agencies fall under the same category as employment agencies and must follow the same labor laws. Oct 26 06 08:34 am Link Oct 26 06 08:39 am Link You actually answered the question in the other thread the same way that I did. The agency is not the factual "employer" of a model they represent and probably not responsible for work comp. As to the doubt about state coverage in different states? I operated in WA state for some years... there a self-employed [individual] "working" employer could cover themselves under the work comp system but a self-employed "managing" employer could not [one who didn't actually participate hands-on in the trade(s) employed], as I recall. As we were a corporation we could cover everyone that was a factual [paid] employee - workers as well as managers - because it was the corporate identity that was seen as the "employer." The same, IIRC, could be done with partnerships. It was only individuals as unincorporated [sole proprietor] business owners that were excluded in many but not all cases. If the agency treats her as a contractor they may have no workcomp responsibility. I never had any in WA state for sub-contractors in any work I did. I only paid for my employees and a sub-contractor was not considered as my employee in WA. To get into the workcomp system one might be able to form a personal services corporation and treat themselves as an employee of that legal entity. Subject, of course, to verifying that legal position would be the appropriate one for the purpose. Studio36 Oct 26 06 09:05 am Link Just a thought. I'm not sure if I'm right or not. I agree that the agency probably doesn't need to cover you. It would be hard to tell when you are "working". Is it at an audition, job, while driving, at the gym, on the skincare aisle of Target? They're not will you 24/7. And there's no clocking or checking in and out from an agency. It's probably a fear that you'll try and file a claim against them doing something mundane and try to tie it back to modeling. I would think, if you get hurt while working, it is either the client or venue that is responsible. If you were shooting a shoe ad and broke your ankle. Liability would fall with the shoe maker. If you are doing a bridal shoot at a hotel and trip down the stairs, the hotel would pay your medical expenses. Oct 26 06 11:51 am Link OC Girl wrote: They are also covering their butts the other way around. If the model is posing in, say, a bikini and some driver going by cranks his head over and watches her instead of the bus in front of him then they aren't going to be responsible if he runs into the bus and blames the model for the distraction then tries to sue her. Or on even simpler terms, if the model sets her bag down and someone trips over it. Oct 26 06 12:06 pm Link Thank you everyone so much. I still dont know what to do- I have shot with the agency before -- they contacted me via MM and we shot in AZ--and thats why they wanted to sign me. Although I havent recieved payment from them yet.... I am supposed to recieve it 10 days after they recieve it from the client. The magazine will be published in January its called Where Magazine. They were very professional and set the models up in rooms at the resort we shot at. But they werent on the list of insured agencies.... red flag?? I appreciate everyones help! I am new at dealing with agencies. Oct 26 06 08:04 pm Link Holly Bruce wrote: it simply means they are not your employer (which is true, if they are your agent). Now, if that doesn't jibe with other statements made in the agreement then you may have a problem. Oct 26 06 08:07 pm Link  The standard agency contract (as we know it) was originally developed by Eileen Ford to get around an attempt by New York State to regulate modeling agencies as if they were employment agencies (which among other things, would limit the commissions agencies could collect). This contract is essentially a "power of attorney" contract (where the agency can act in the model's name, collecting and depositing checks, signing releases, etc.) I hereby appoint you my lawful Attorney-in-Fact and authorize you to approve and permit the use of my name, photograph, likeness and voice, and to sign releases on my behalf. I authorize you to collect an receive sums as well as endorse my name upon and deposit in your account any and all checks payable to me and retain there from all sums owing to you." But goes out of the way to insist that the agency is merely "advising" the model, and will not attempt or be expected to obtain offers of employment (avoiding the employee-employer relationship and the appearance of being an employment agency). The model will be an independent contractor, responsible for all taxes and other responsibilities. "As such, you shall: advise and counsel me in any and all matters regarding publicity and public relations and the general practices of the modeling, entertainment and advertising industries." "I acknowledge that you are not an âartist managerâ under the labor code of California or an employment agency in any jurisdiction and you shall not be required or expected to obtain offers of employment for me." Pretty cool, huh? They tell you right up front they will charge you a commission and they won't find you work. Sign this contract as soon as possible! (Actually, if you are a fashion model, and the contract is being extended by a legitimate editorial agency, do sign it as quickly as possible!) By the way, this explains why agencies do not pay for photo shoots, comp cards, prints, etc. Models are frequently told by those not familiar with the business that if an agency "really wants you" they will pay for these necessary marketing tools. If the agency did pay for these things, you would probably be considered an employee, not an independent contractor. What the agency may do is pay for these things, but maintain these payments as a loan that the model must repay, either directly or out of future earnings. "I understand that I am obligated to pay for all expenses advanced to me by the agency. These expenses include, but are not limited to: airfare, composites, prints, testing fees, agency book page, head sheets, posters, and apartment rental. I also understand these expenses, whenever possible, will be deducted from monies advanced to me by the agency. Should my earnings not cove these expenses or if I leave the agency, I agree to repay the agency within an agreed upon time, for said expenses incurred on my behalf." The standard contract is an interesting document, the language I have provided is meant to give the reader some idea what these contracts look like, but not to suggest that any or all contracts include these exact words. And don't get me started about this: "I am aware that you are entitled to receive a service charge from some and/or all of the clients who may utilize my services. I agree that this service charge shall be an additional inducement for you to act on my behalf." I'd say more, but as a professional "Sluggo" I've probably already exceeded the amount of information I'm allowed to provide models here. It sounds like (as in "sounds like") you have been offered a standard contract. Fish -- John Fisher 900 West Avenue, Suite 423 Miami Beach, Florida 33139 305 534-9322 http://www.johnfisher.com Oct 26 06 10:43 pm Link John Fisher wrote: ------ Oct 27 06 05:43 am Link Holly Bruce wrote: Is the agency IT Factor? If so, message me, I've got a few stories. Oct 27 06 06:02 am Link |
