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Kard63 11-10-2005 08:10 PM

Contract question
 
If you hav a contract made up that says something to the effect of 'the model can't quit the site' what happens if she says fuck you and quits anyway? Should there be something in the contract for this? What might that be? Thanks.

DateDoc 11-10-2005 08:11 PM

Seems to me that would be an unenforcable clause. If it were every employer could use it.

After Shock Media 11-10-2005 08:12 PM

Yeah it is called you getting screwed.

You can not enslave someone. Nor can you prevent someone from their livelyhood. Lastly you can not get blood out of stone.

Kard63 11-10-2005 08:14 PM

yea yea well what can you come up with that would make it a little bit harder for them to walk away smart guys?

Kard63 11-10-2005 08:17 PM

Quote:

Originally Posted by After Shock Media

You can not enslave someone.

God damn it next you'll be telling me I have to let my indentured servant go too.

After Shock Media 11-10-2005 08:20 PM

Quote:

Originally Posted by Kard63
God damn it next you'll be telling me I have to let my indentured servant go too.

Been down the contract path many times. In the end you always end up with a document that is basicly illegal. Though I do not have a hollywood quality lawyer who writes up contracts for major studios to keep actors and actresses. Yet even those seem breakable.

Mutt 11-10-2005 08:33 PM

exclusive contracts with models from the advice i've been given are pretty much unenforceable. meaning you can't force her to keep working for you - i do think you could sue her for damages if her leaving caused your business financial losses you can easily prove to a court.

nastyboy1 11-10-2005 09:08 PM

It all depends on how your LAWYER writes up the contract. We have ours drafted in the following way:

SECTION 3.2. TERM AND TERMINATION. This Agreement shall commence on the Effective Date. From the Effective Date through the initial term and each subsequent renewal term, each of the Parties shall use its respective best efforts and work diligently and cooperatively to ensure that the Company successfully, develops and promotes the website , www.xxx.com. The initial Term of this Agreement shall be for two (2) years, measured from the Effective Date and continuing for two (2) years thereafter. Following this initial Term, this Agreement shall automatically renew for subsequent two (2) year periods. This Agreement may be terminated only in accordance with ARTICLE VIII. herein provided however, that the Model shall not terminate this Agreement for any reason whatsoever within the first twelve (12) months hereof, measured from the Effective Date.


Section 3.3. Early Termination Penalty. The parties hereto acknowledge that the services to be rendered by the Model under this Agreement and the rights and privileges granted to the Company under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Model of any of the provisions of this Agreement will cause the Company irreparable injury and damage.Therefore, notwithstanding anything contained in this Agreement to the contrary in the event that this Agreement is terminated for any reason whatsoever by the Model within the first twelve (12) months and or the Model fails to render the agreed upon services, then, the Company shall be entitled to reasonable monetary damages ;

baddog 11-10-2005 09:11 PM

as nastyboy said, your contract can be done year by year, or perhaps for a couple of years at a time, but not forever

Tat2Jr 11-10-2005 09:16 PM

Just tie her recieving her % into her doing shoots/webcam shows. Then if she leaves she gets no more cash. Since you're smart and have a couple years of content already shot, then it's kinda like - feel free to leave, I'll keep all the money for myself. The $$ is about all that will keep them from leaving.

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