Weird question re loss of earnings

[jonah35]

In the pub with a friend and she has been a model since age 18, now age 25. She signed a contract with an agency 7 years ago and they supply her occasional work but she does other stuff via other agencies. Never signs a contract for each 'job', she just gets a text then turns up.

She says she agreed to work on Sunday for an agreed day rate but, due to a wedding, let the agency know today that she couldn't do it. The agency woman has kicked off saying that she will sue and look to recover costs.

This seems a bit threatening towards this girl who has given nearly a weeks notice and she asked us all where she stood legally.

I would have thought she could tell the agency to Do one but thoughts welcome.

[dingg]

I assume it was the agency she has signed the contract with that are threatening action?

If so - it depends on the terms of the contract

If it's work for one of the others where she has no contract - no problem

as always the 'devil is in the detail'

[bozzy101]

The real question is; Got any pictures of her??

[jonah35]

Lol no pics!!

Its with the agency she signed a contract with 7 years ago but its been sporadic work since so seems weird they hold her to the contract. She is being told if she doesn't turn up she will have to give the agency what she would have got as a day rate as 'compensation'.
Shouldn't she have to sign a contract for each individual assignment she gets?

[anonymous-user]

Asking these questions is pointless unless you tell us what the contract says.

[tbc]

photos?

The PH community will be the judge if she is worthy of the title 'Model'

With regards to your question. If there is no contract for each job then there is no proof she is owed a penny and in small claims court she won't have a plinth to pose on.

Edited by tbc on Monday 1st September 21:28

[jonah35]

The contract mentions nothing about paying the agency at all if she cancels. It states if she doesn't give 24 hours notice of failure to attend then they can cancel the agreement. She has given 6 days notice!

[jonah35]

tbc said:

photos?

The PH community will be the judge if she is worthy of the title 'Model'

Ha ha I'm sure they would lol.

[Jasandjules]

jonah35 said:

She signed a contract with an agency 7 years ago

Which says.........

[anonymous-user]

Absent an obligation to accept the booking, there is no claim, but any claim would be limited to the increased cost, if any , of hiring someone else for the gig. The full day rate would not be recoverable.

[andyalan10]

Of course she can tell the agency to do one. And they can give her no further work going forwards. And possibly mention to a few other agencies that she accepted an engagement and then backed out.

It seems very strange to me that she has had only one weeks notice of a wedding, or has she made a diary cock-up, and has it happened before?

No advice on a contractual/legal issues because I suspect that in the world of modelling there is an abundance of potential models for agencies to pick and choose from.

Andy

[Pit Pony]

jonah35 said:

The contract mentions nothing about paying the agency at all if she cancels. It states if she doesn't give 24 hours notice of failure to attend then they can cancel the agreement. She has given 6 days notice!

In which case, "see you in court".

[Jasandjules]

jonah35 said:

The contract mentions nothing about paying the agency at all if she cancels. It states if she doesn't give 24 hours notice of failure to attend then they can cancel the agreement. She has given 6 days notice!

So she writes to them and points this out. Suspect she wants to find another agency...

[tenpenceshort]

Pit Pony said:

In which case, "see you in court".

The world has a habit of being a very small place, particularly when you work in in niche circles. Being overly glib or threatening nuclear options might possibly cause more damage than it solves for the OP's friend.

Maybe better to acknowledge there is a misunderstanding in the relationship and perhaps, to avoid it continuing or happening again, now is a good time to revise the contract to better represent the interests of both sides. That way the issue becomes an opportunity for good rather than bad (a dispute).

[Drumroll]

Have to agree, from my very (very) limited experience of modeling work, it seems to be very much a word of mouth type thing. "Oh model X is such hard work" so unless the model is exceptional then they do seem to get a bit of a raw deal.

[untakenname]

I think she needs to read the original contract, the fact she agreed to work then cancelled may mean she's breached contract and penalties may be written into it.

Out of interest why would a model be needed at a wedding? O/T but I know of someone who hired an escort for a wedding as he had no significant other at the time and didn't want to lose face, think it's quite a common thing.

[Vaud]

untakenname said:

Out of interest why would a model be needed at a wedding? O/T but I know of someone who hired an escort for a wedding as he had no significant other at the time and didn't want to lose face, think it's quite a common thing.

Which is just bad planning as weddings often have a high attendance of single females who won't charge for their company.

[littleredrooster]

untakenname said:

Out of interest why would a model be needed at a wedding?

I read it that she couldn't do the modelling because she was invited to a wedding instead. Look again.

[anonymous-user]

It would still help to see the actual terms of the contract. The model agreed to do the gig. The question is can that agreement be withdrawn without consequence? If not, the claim is limited to any extra cost incurred by the agency if it replaces the model with another, or to the loss of profit it incurs if it can't find a replacement in time (unlikely as that may be).

[Pit Pony]

tenpenceshort said:

Pit Pony said:

In which case, "see you in court".

The world has a habit of being a very small place, particularly when you work in in niche circles. Being overly glib or threatening nuclear options might possibly cause more damage than it solves for the OP's friend.

Maybe better to acknowledge there is a misunderstanding in the relationship and perhaps, to avoid it continuing or happening again, now is a good time to revise the contract to better represent the interests of both sides. That way the issue becomes an opportunity for good rather than bad (a dispute).

Indeed it is. I was going to add, but then never work again, but it didn't have that PH feeling.