Answering a Reader Question #1,016

Anonymous Wrote:

Hi Dania, I have a non-exclusive 2-year contract with a new, small modeling agency. I have been signed with them for almost three months. I also have another non-exclusive contract with another agency, which is working out way better. I'm new to the industry, so my initial goal was to have a couple of agencies to work with to further my career. I have not received any jobs from particular boutique modeling agency. I only did a couple of monologues, per their request, and that was it. I sent them an email, stating that I would like to terminate my contract and that I am no longer available for any modeling or acting opportunities. I looked over the contract a few times and it does not have a termination clause; it mentions nothing about termination whatsoever. I've been researching and discovered that most agencies will grant your request with ease. There's a few contradictions in the contract. It says "for loyalty and exclusivity purposes, I will understand if I am to keep the agency as the only projects I take upon and participate in when it comes to the fashion editorial world." It says I also have to forward any projects I receive from other agencies, casting directors, etc. If the contract is non-exclusive, then I shouldn't have to do so. Correct? I just hope they do not make it difficult for me. I just want out. I have not earned anything with them, and I have not heard from them since early January. Thank you for your time!

Hi, Anonymous!

Dealing with contracts can be overwhelming but the fact that you're working with non-exclusive contracts does work in your favor.

The fact that there is no mention of a type of termination clause is concerning. Even a sentence that says anything along the lines of, "This contract/agreement may be terminated by either party..." is enough to cover those bases. I've never had a contract that didn't meet the bare minimum for that.

In regards to the part talking about forwarding projects from other agencies and casting directors, that is mentioned purely for informative purposes. Dealing with multiple representation and models who are seeking opportunities on their own outside of the agency can mean the possibility of conflicts of interest and/or double-bookings. Agencies aren't necessarily trying to be all in your business -- they just want to avoid double-bookings at all costs or a situation where you've submitted yourself to a project they've already submitted to on your behalf. 

Many times when you don't hear from an agency, that doesn't mean they aren't doing their job. You usually won't hear from your agent unless you've booked an audition or gotten hired for something. Most don't have the time or personnel to give all their models a play by play. It's a "hurry up and wait" type of industry. It can also take several weeks to months for opportunities to come in once a model is signed. However, it sounds like the other agency isn't having any problems in that arena.

Ultimately, if you aren't happy with them and if you're having better success with the other agency then by all means cut ties and part ways professionally. If they haven't return any emails or phone calls from you since January -- I'm guessing you've already reached out to them to check on how things are going? -- then my best piece of advice would be to write a brief letter stating that effective immediately, you are terminating your contract with the agency.

This letter should be typed, signed by you at the bottom and mailed to the agency's office. But make sure it is sent via certified mail. That will ensure someone at the agency office will have to sign a piece of paper as proof it was received. You always want to have a receipt/proof of some kind.

Sending an email is easy but there's no way to prove anyone from the agency actually got it. With the certified mail receipt stub you'll receive, that's all the proof you need in case the agency tries to claim you did not notify them of the termination.

If you haven't followed up with your agent and simply haven't heard from them since January, I would advise contacting them first before doing anything and let them know you wish to get out of the contract. You never want to make assumptions and end the working relationship without having any kind of contact/communication from them first. 

But if they've basically ghosted you, sending the letter via certified mail will take care of things and allow you to move on. Wishing you the best of luck with that situation and with your career!