Below is a copy of the contract that a photographer asks models to sign. This is an agreement that prohibits girls from shooting with anyone else for 2 years. Please feel free to chime in with your thoughts/opinions of this practice (address and phone number has been deleted):
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MANAGEMENT AGREEMENT
This contract (the "Agreement") made and entered into this 6th day of July, 2007 (the "Execution Date"),
BETWEEN:
The Photographer (the "Manager")
OF THE FIRST PART
- and -
(the "Model/Competitor")
OF THE SECOND PART
BACKGROUND:
A. The Model/competitor is known as __________; and
B. The Manager wishes to engage the Model/competitor and is willing to undertake to do so, subject to the terms and conditions as follows:
IN CONSIDERATION OF and as a condition of the Manager hiring the Model/competitor and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged here, the parties to this Agreement agree as follows:
Business Address of the Model/competitor
1. Any payments by check or money order should be made out __________. The Model/competitor's business address is as follows:
Address:
Telephone:
Fax: ___________________
E-mail:
Business Address of the Manager
2. The Manager's business address is as follows:
Address: xxxxxxxxxxxxxxxx
Telephone: xxxxxxxxxxxxx
Fax: ___________________
E-mail: xxxxxxxxxxx
Venue
3. Can be at a show, hotel or house or any other area where photoshoots or booth work can be done.
Confidentiality
4. This agreement is confidential between the Manager and Model/competitor. Translators or people appointed by the Manager are able to involve themselves in these terms. If Model/competitor needs to discuss the contract with boyfriend/husband/fiancé or family they may do so. But please keep the details and terms between those people you talk to, friends and fellow competitors are not included.
5. Term of Contract
This agreement will last 2 years, Model/competitor is required to compete in at least one show every year or do a photoshoot with Manager at least twice per year.
6. Modeling
The entertainment to be provided by the Model/Competitor is generally described as modeling all styles she is comfortable shooting.
Date and Time of Modeling
7. It will involve photoshoots at either an event where the athlete competes or is attending or working a booth. Shoots will also be scheduled out of the competitive season in order to return the investment from the Manager. Model/Competitor is responsible in contacting Manager regarding future shows.
8. Exclusivity
By signing this form the Model/competitor is exclusive with photos and videos. This will limit doing photoshoots with members sites of any kind that are not part of the Manager’s network. Model/competitor can do photos for promotional work, print magazines or ads or free profiles in which she must include Manager. She must ask Manager/manager in order to get approval for any photoshoot or working with a company in any regard. Regarding photos and videos she will appear only on these member and webcam sites:
www.muscletease.com and
www.muscleteasecam.com9. Cancellation
The Manager reserves the right to cancel this agreement if Model/competitor violates any of the clauses on this agreement.
10. Shooting Shape
As most of the return investment for the Manager are photos and videos the Model/competitor must be in good shape which is 5 lbs above contest shape without counting strict contest weight on stage.
11. Outfits for Booth Work and Photoshoot
The model will bring her own outfits and will wear some of the Manager outfits for photoshoots, might be thongs, lingerie, swimsuits, etc... As far as booth outfits she will wear only clothing with the Manager’s logo and name unless otherwise specified.
Force Majeure
12. Neither the Manager nor the Model/competitor will be held liable for any failure to perform its obligations under this Agreement where such breach is due to any of the following: acts or regulations of public authorities, labor difficulties or strike, inclement weather, epidemic, interruption or delay of transportation service, or any other legitimate cause beyond the reasonable control of the Model/competitor and the Manager.
Sickness and Accidents
13. The Model/competitor agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident. Failure to meet its obligations under this section will result in the Model/competitor returning any and all outstanding deposits to the Manager.
Advertising
14. The Manager will be responsible for advertising the Model/competitor on hardfitness.com, muscletease.com, muscleteasecam.com and any other websites he decides are good for her image. Manager will advertise the Model/competitor appearances on his booth and any other pertinent events.
15. Name
The model/Model/competitor agrees that the Manager may use the Model/competitor's name, photographs, and other likenesses to promote the Performance. The Model/competitor will provide the Manager with copies of the Model/competitor's promotional materials suitable for this purpose. The Manager's right to use the Model/competitor's name is limited to the period beginning with the Execution Date and ending upon completion and cancellation of this Agreement.
16. Governing Law
The Manager and the Model/competitor submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.
17. Covenant of Good Faith and Fair Dealing
The Manager and the Model/competitor agree to perform their obligations under this Agreement, in all respects, in good faith.
Additional Terms
18. Shooting Time and Webcam: As stipulated above shooting time will depend if Manager is available to shoot Model/competitor. If not then Manager can fly out Model/competitor at a different time of the year and fulfill the hours needed to return the money paid to the model. Additionally the Model/competitor is to perform on the webcam a few hours per month or appear at exclusive special shows at events she competes in.
19. House Rules and Behavior: If staying at a house or hotel room paid by the Manager, Model/competitor will be subjected to certain rules. First of all no disruptive behavior towards Manager, no excessive partying that will disrupt photoshoots next day or the same day, only the model will be at the house or hotel, if you have a loved one or friend that is not involved unless explicit authorization from the Manager they are not allowed in the same hotel/house. Trainers, translators or people that the Manager appoints are fine as their involvement is needed in the success of the Model/competitor event.
Miscellaneous Terms
20. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
21. The Model/competitor's representative warrants that by signing this Agreement it has the authority to bind the Model/competitor to the terms and conditions of this Agreement.
22. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
23. This Agreement contains the entire agreement between the parties and cannot be changed except by written instrument subsequently executed by the parties to this Agreement. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made to the Manager by the Model/competitor or to the Model/competitor by the Manager, in the negotiation stages of this Agreement may in some way be inconsistent with this final written contract. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
24. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Model/competitor's successors, assigns, executors, administrators, beneficiaries, and representatives, and the Manager's successors and assigns.
25. The Model/competitor specifically warrants and represents that all copyrighted material to be performed has been licensed or authorized by the copyright owners or their representatives. The Model/competitor indemnifies the Manager for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.
26. It is the intent of the parties to this Agreement that the Model/competitor is an independent contractor and will control the manner and means of the Performance. The Manager will control the scheduling of the Performance. The Model/competitor is not an employee of the Manager. The exclusive nature of this Agreement is limited to the duration of the contract. Model/competitor can renew after two years this contract.
IN WITNESS WHEREOF the Model/competitor and the Manager have duly affixed their signatures under hand on this 6th day of July, 2007.
per: _____________________
