Expert: Kitty Kavey - 3/11/2011

Question
I took my child to an agent and didn't hear from them for 2-3 weeks so I thought they weren't interested, then took my child to an agent who loved her and wanted to sign her exclusively which I did(tho agent claims contract was deleted by mistake) and now a month later the non-exclusive agent is calling for her to come in...will the exclusive agent know if I go to non exclusive agent and what can happen if I try to keep both. I belive both agents do the same work(comm, print, film, etc) Please advise! thank u

Answer
Depending on where you are, generally (although you need to read your copy of the contract carefully) you can be represented by more than one agent if each agent is representing you in different areas.  For example: in Florida, you can be listed with as many agents you like, as it's a right-to-work state.  If you have an exclusive contract in that state for some reason, it's generally only for one area - such as fashion modeling - and if you go to a talent agent to represent you for acting, that should be no problem.  For non-exclusive contracts, you can be listed with two or more commercial print modeling agencies, or several talent agencies for the same type of acting, and so forth.

California is a state where you are not allowed to be represented by more than one agent for the same thing, but can be represented by different agents for clearly different work; perhaps you're registered with the commercial print division of one agency, a commercials talent agent, and a voiceover agent at other agencies.

In most contracts, exclusive or not, there are clauses in which you can break the contract if they can't get you work within a certain period of time, and there is also the end date of the contract.  So you can interview with another agency, let them know that your daughter is under contract until (whatever date) and/or that you have the ability to break the contract if they can't get her work within (however many) days.  Then if things don't work out with the first agent, you can immediately move over to the other agency, providing of course that the second agent wants to sign her.

You can also have an attorney look at the contract to see what your legal rights are in your state, should you want to cancel the contract and go with another agency.  Or it may be that the current contract only covers film/TV work, and you'd then be free to have your daughter represented elsewhere for modeling or vice versa.

What can happen if you violate a contract depends on how it is written and the laws/regulations in your state.  The smaller the market, the more likely it is that you would be "caught."  To use Florida again as an example, there may be only one or two studio feature films shooting during any given week - and if there was a role open for someone fitting your child's description it is likely that both agencies would submit her for the role.  Or may both contact you to have her attend an open audition.  If you've already gotten the call from one and accepted, and then the other calls, you would have to tell them either that you're already attending the audition, or that you/your daughter are unavailable or uninterested - both of which can be a reason (if repeatedly done) can lead to at the very least a bad reputation in a smaller market.

I'm sure you can figure out something that works well for your daughter, and you can always use one of the AllExperts attorney volunteers for more detailed answers with contract questions.

Good luck to you both,
~Kitty