StMarc wrote:
Although this isn't legal advice, here's a lawyer answer - find out what the statute of limitations on contracts of this type is in your state. When it runs, take the money and buy yourself something nice with it.

M

In the mean time, keep it in escrow and have such a document to prove it.
A money order will do just fine since it is recorded by the gov as to when it is spent. And Keep ALL of the paper trail of your efforts to contact her.

SKPhoto wrote:
Hopefully you included a clause stating that the model needs to keep her address current and that 2 failed attempts to reach her by certified mail negates any income due her.

Make sure you deduct these contact costs from an monies due her.

Also document how and when you tried to reach her for possible later liability.

Yep. My releases include one of these.

Jason McKendricks wrote:
A slight twist on the usual story.

On June 23rd I did a shoot with a young lady that was TFCD and payment on spec. The specific terms were that she would receive some edited photos and half of any net profits made on her photos.

I have tried every week for two months to get her to come in and select the photos she would like. I gave up as September approached. She is partying very heavily and even dropped out of school. I've seen her at bars a couple of times and told her she needs to get in touch with me, even gave her my card in case she "lost" my number. Still haven't heard from her and her cell phone number is now disconnected. Emails go unanswered. She was very friendly, hugging me several times and talking for a long time but still hasn't collected what is rightfully hers.

The kicker is that her photos actually did bring in a profit. I do not want to comingle money that is legally hers with my own funds, so I opened a savings account so that at least the money would accrue a tiny bit of interest.

Nice guy that I am, I sent her a message on MySpace explaining the situation (once again) and invited her to come over and verify the account balance and I would write her a check and give her the photos. She hasn't logged in for a while, but I do not know how else to contact her.

So what am I to do? Keep the money in an interest bearing account? Donate it to charity? I don't even know where she lives anymore, so should I send her a check and hope the Post Office forwards it?

You are a lot like me, very caring, sympathetic and patent! 

The information others have given you is helpful, but it has not been really that long that you need to go for any thing too extreme.  So if it is not a problem for you to leave the savings account open, and to continue documenting any attempts to contact her, you should be fine.  Do not destroy or delete any of the images that you have of her because these do belong to you!  So you should be able to continue using her images without worry.  If at all possible, keep making money with 'em!   

I've been in a similar situation to you, so I would give her a year to contact you about the money.  With it being in a savings account, it's far better there than in her hands! If she comes around to collect, you have it.  But after one year, then post something in a newspaper and claim the money for yourself.  I base this on the fact that most verbal contracts are valid for a year. Depending on what the contract she signed says, and your efforts ... a year is long enough in most courts of law.  Don't worry about her causing any problems over it, she would have much grounds for any legal actions after a year.

Follow your gut instinct on this one.  You have already done some of the right things.  Sadly, it sounds like she needs some intervention.  I'll say a prayer for her!

Best wishes!

San Francisco Nudes wrote:
This is exactly why I never do profit sharing.  My life's complex enough without trying to keep track of all of these people!

Yes, it is better to make a one time payment for modeling fees rather than have to keep such long term records as for profit sharing.