Expert: Kitty Kavey - 11/23/2007

Question
I signed a non-exclusive contract with a Florida model / talent agency 10 days ago.  The contract states that artist will supply 25 composite cards and artist is responsible to replenish every 4-6 weeks.  This seemed normal since comp cards are used for getting jobs.  They also offered photo services as an option and did state I could use my own photographer.  I chose their photography service and did a photo shoot with their photographer.  I was pleased with quality of snapshots and price for the photo session.  However, their prices for comp cards are 3-4 times higher than industry going rates and there are additional fees they were not revealed to me when I contracted their services.  The minimum quantity of comp cards is 100 - twice what she told me when I signed.  Minimum quantities and additional fees were not disclosed on contract when I signed.  The agency said they I can order portraits and jpegs at reasonable price.  But now they will not let me order these until composite cards are ordered and received.  The comp cards are not delivered until 3-4 weeks from order which conveniently coincides with their replenish timeframe.

At this point I want to cancel the non-exclusive contract with the agency.  I want to order and receive jpegs for the prices they quoted.   I don’t want to be committed to providing them with composite cards and I do not trust them as an agent.  I have not met with a booking agent yet, have not furnished comp cards.  I just want out.   Can I cancel a non-exclusive?  I live in Florida.  Is this linking their contracts to photography services normal or legal?

Thanks for you help.


Answer
Technically, no - what they are doing is illegal.  To find out what you can do, contact the Florida State Department of Business and Professional Regulation: http://www.myflorida.com/dbpr/consumers.html

Also, read carefully the information here:
http://www.filminflorida.com/ela/tma.asp
I believe you'll see that the agency you mention may be in violation of the law.

And if you need the actual state statutes: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch046...

Hopefully that link will work for you as well.
I wish you luck in dealing with this situation, and I believe you are making the right decision to seek representation elsewhere.
~Kitty