The Usual Disclaimer: This article is general information only. This is not actual legal advice. Every modeling contract is different, and the points mentioned here may be completely irrelevant to your situation. Always consult an entertainment lawyer to review anything like this before you agree to it. Many legal bar associations have lawyer referral services if you would like some help finding an attorney.
Getting your first modeling contract is a major milestone. However, do not let that get you all excited and prevent you from thinking about what you are doing. Do not sign anything without knowing what you are getting yourself into. While we will not be able to give you a detailed contract review here, you should know some basics to be aware of five key clauses that might help you ask the right questions. This awareness might also help point out any possible problems to you before you commit to a modeling agency.
1. An Exclusivity Clause – Who Else Can You Work With?
An exclusivity clause could decide whether you can have any other agents or if you are stuck going through one agency for everything about modeling. A “worldwide exclusive” designation means that this agency is all that you have to represent you anywhere in the world. A “non-exclusive” lets you have multiple agents on the go. Most places will be happy to go “exclusive by territory.” Most places will be happy to go “exclusive by territory,” which is where they get to represent you in their city, but you’re free to do other things elsewhere.
What to look out for: Can you still do some work on the side? Can you have different agents for different parts of your career. For example, can you have one agent for commercial work and a different agent for fashion work? Also, are you locked out of certain cities? Some contracts might stop you from working with certain photographers, or certain brands, even stop you from working on just an unpaid job that you want to do. You should check and know beforehand exactly what you need to run past an agency first.
2. Commission Structure – What Percentage Will They Take?
Most agencies take between 15 to 20% of the money from any direct bookings that they score for you. But, if you’re working with a super agency, then they might take even more. They could take up to 5-10% on top of the first agency’s cut. International jobs can be even more expensive. They will likely take up to 30-40% of your earned revenue in total.
What to look out for: Is the commission based on what you make before tax, or after? Who pays for things like comp cards, portfolio updates, or your website listings? Are these costs taken out of your earnings, or are they billed to you separately? Keep an eye out for “agency service fees.” These can add up and that can add a big chunk to your costs of doing business.
3. Term and Termination – How Long Will You Be Locked In?
Many modeling contracts last between 1 to 3 years. And, then they just start rolling over and keep rolling over unless one side pulls out of it effectively. This is usually with 30 to 90 days notice. It is not just how long the contract is for that matters. Two big things are, How and When can you get out of it?
What to look out for: What lets you get out of the contract early? Can you just leave if you do not get any work for six months? What happens to any money that you still owe if you pull out? Some contracts ask you to pay the agency for any lost work if you leave early. Others might stop you from working with any of their competitors for a very long time after you leave.
4. Scope of Representation – What Will They Actually Do For You?
Agencies might represent you for print, runway, commercial, television, or social media modeling work. Or, maybe they will just represent you for one of these categories, or maybe for a few of them. This clause decides what sort of work you will need to run past them, versus what kind of work you can do on your own.
What to look out for: This opens up a Pandora’s Box of Business and Legal type questions. Does the modeling agency control all of your image rights? Could they license out your photos or sell them to other companies without your say-so? How does this representation affect you doing sponsored posts on social media? Will they look for this type of work for you or are you even allowed to do it on your own? Does this type of work fall under their commission structure or not? If you start acting or if you get into personal brand stuff, then do they have to automatically get involved? You should aim to sort out, establish, and have both sides understand any of the boundaries now because that could help both of you avoid some future arguments and contentions later.
5. Expenses and/or Advances – Who Pays for What?
Legitimate agencies likely should not charge you upfront fees. But, they might lend you money for things like your portfolio development, comp cards, or your travel. And then, what if they will expect you to pay them back out of any future earnings that you have? This could create a debt that you would need to clear before you could see any of the money you earned by working.
What to look out for: What expenses can the modeling agency take out of your earnings? Is there any interest on the money they lend you that you will owe them? What happens to the debt if you don’t get any modeling work? Some contracts might let them deduct things like courier services, express charges, or even phone calls from your earnings. Make sure there are limits on how much that they can take from you each month.
Taking It Forward Wisely
These are five important elements that form the backbone of your agreement and your working relationship with any modeling agency. Before you sign anything, make a simple spreadsheet listing out each of these clauses. Put next to them what you think the clause means. You might be right, but you might not be. You should highlight anything that seems weird or concerning to you in a potential contract. And, take it to a lawyer who is experienced in these things to get their take on your specific situation.
Remember that a good agency should want you to understand your contract. If they are trying to rush you into signing, then that’s a red flag. Or, if they dismiss your questions about these clauses, or anything else, then, maybe, you might be dealing with the wrong people. Your modeling career is a business, and you should treat it like one. Your first contract is a part of this business and it is a significant milestone or event.
