The Model Contract

A model contract is an official, binding document concluded between a model (or, if the model is a minor, their parents) and a model agency. The contract is drawn up in two copies: one for the model and one for the agency.

The model contract is the key document, and it must set out the following information clearly, understandably and consistently:

1. The details of the contracting parties and the date the contract is concluded;
2. The term of the contract and the conditions for terminating it;
3. The rights and obligations of the model and the agency;
4. Payment terms and the agency's commission as a percentage;
5. Liability for breaches of the contract and the procedure for resolving disputes.

Why a model must read the model contract before signing it

A model contract is a long-term mutual commitment, so all the rights and obligations of both parties must be set out clearly and consistently in its clauses. Signing a contract without reading it is unacceptable, because the model may end up committing to requirements that have nothing to do with reality.

A self-respecting model agency simply would not let a model sign a contract without fully explaining its terms. Unfortunately, there are also agencies that do not allow the model to study the contract properly and, with promises of things that will never happen, pressure them to sign there and then. Avoid them!

Parents' responsibility

Most new models are minors, so their parents have to sign the contract on their behalf. Parents are responsible for their children's future, so signing a model contract without studying it carefully is comparable to handing your child over to people you know nothing about.

The Supermodels model agency has come across contracts concluded for as long as ten years. That means a fifteen-year-old girl is obliged to accept every job offer for ten years, or else pay a penalty. The same contract says nothing at all about the model agency's obligations!

By signing a 10-year contract, the agency does not commit to offering the model any work, yet it does not allow the model to approach another agency. If the model is offered a job, they are obliged to accept it regardless of their studies or their health.

We also know of cases where model agencies force models to work by threatening them with penalties. Under the contract they have signed, the model cannot turn down an offer, while the agency does not even guarantee fair and honest payment.

Every agency must give the model and their parents the chance to make sure that the model contract they are signing suits them and is clear. The Supermodels model agency advises showing the contract to a family lawyer and, if any clauses are unclear or unsuitable, marking them and clarifying them with the agency.

A model contract is a free-form document, so it can be amended and negotiated until it meets the expectations of all parties and properly represents the interests of both sides. Do not be put off by a long model contract – the more obligations the agency takes on and the more clearly it defines how it operates, the more transparent its business is.

The purpose of a model contract

Essentially, a model contract exists so that, for a certain period, the model does not leave for another agency and follows the agency's internal rules. By signing the contract, the model undertakes to behave in a way that does not damage their own name or the agency's, and does not harm relations with the agency's partners. For example, a model working abroad must not take part in wild parties or otherwise behave inappropriately.

The model agency, in turn, undertakes to work with the model, look for work for them, help them build a portfolio, put the model forward to its partners and so on. The model agency is not the main employer – it works with partner agencies that offer the model work abroad. For this reason, the first job offers may take a little while. Even so, mother agencies try to help the model enter the job market as quickly as possible.

A contract cannot oblige a model to accept a job offer simply because the agency wants it. The model must always keep the right to choose and to decide for themselves whether an offer is right for them.

How to terminate a model contract with an agency

A model contract with an agency can be terminated only in exceptional cases, when one of the parties fails to meet its obligations. Every contract sets out the conditions for its termination.

If the model agency has no job offers for the model, ending the contract is simple, but if the model decides to end the contract in order to move to another agency, a conflict of interest arises.

The agency releases the model from their contractual obligations by signing a "model release" form. Without this document, the contract remains in force and can be enforced under any of its provisions. If the model and the agency cannot reach an agreement, only a court can terminate the contract.