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The standard modeling contract

I recently covered my experiences with editorial models, editorial and commercial agencies and their agents. Most of these articles were in response to questions people asked me, and while they gave a limited overview of the business in general, one area that I never addressed was the contract used by most of the major editorial agencies.

Photographer: John Fisher; Model: Jade Perkins (Next Model Management)

So, I thought I’d take a few minutes to discuss the so-called “standard contract,” which is the one used by editorial fashion agencies when they “sign” a new model. This is not meant to be a legal discussion (I’m not a lawyer), but rather a layman’s journey through the main points of the contract. My bona fides for writing this is that I first assisted a model who signed with IMG almost 20 years ago, and I’ve worked with virtually every major agency in the business and reviewed most of their modeling contracts.

A quick side note here, editorial agencies often “sign” models they represent (although not always). Commercial agencies rarely “sign” (the correct terminology is actually “list”) models, although it is possible under very unusual circumstances for a commercial agency to use a standard contract with a model.

The standard contract outline

The first paragraph or paragraphs of the standard contract outline that you (as the model) appoint the agency as your personal manager and they (the agency) consent to act as your personal manager for the term of the contact. Most often (although not always) the words “exclusive worldwide manager” will appear, sometimes (rarely) the scope of the contract may be limited to a geographical area such as the city or state the agency is located in. Worldwide? Yep, they’re your exclusive worldwide manager. You may work with other agencies in other cities or countries (and often do), but only with the consent of your original “mother” agency. The next thing you will see in these opening paragraphs is the agency only agrees to advise you, and that they will offer “counsel” on a whole range of issues. What they don’t agree to do (this will be repeated and stated explicitly) is to find you work or employment offers. And they (the agency) will collect a percentage (typically 20 percent) of all the gross money you make.


Photographer: John Fisher; Model: Jason O’Brien, Front Model Management

What? They won’t find you work, and they’ll only “advise” you, so why do they still want 20 percent of everything you earn? Strange as it seems, this has to do with tax law and getting around the restrictions typically placed on employment agencies in many places, NYC in particular. The next unusual thing about the standard contract is that you agree that the agency can sign your name to documents (like checks), and in many circumstances act as if they were you legally. They (the agency) will bill your clients, collect the money, put it into their accounts and eventually pay you (minus their commission and any other money you might owe the agency at this point). Are we having fun yet? It gets better! Do you remember the part about “any other money you might owe the agency”? Keep this in mind—you pay for everything. You pay for your book (with the agency name on it), you pay for your comp cards, you pay for testing, you pay for being on the agency website and you pay when your comps are sent to prospective clients. Now, the agency might advance these expenses and hold them against your account, but you will pay. If you’re lucky, when you are getting started the agency might arrange for a free test, but that’s only because they talked the photographer into shooting without compensation. If they (the photographer, makeup artist, stylist) charge, you will pay.

How much do agencies charge and for how long?

And now, for the coup de grâce, a quick sample from the contract we’re discussing, “you understand and are aware that the agency may collect from some or all of your clients an additional service charge which will be considered an additional inducement for the agency to act on your behalf.” Huh? What additional service charge? If they can, they’ll try to collect from all your clients if they can get away with it. How much can they collect? The service charge is typically an additional 20 percent of your billing rate to the client. Per the math on an imaginary job, your rate to the client is $1,000. The agency collects 20 percent ($200) from you, and bills the client (typically) an additional 20 percent ($200) as a service charge. So on our imaginary $1,000 booking you would receive a (net) $800, and the agency would receive a (net) $400.


Photographer: John Fisher; Model: Sarah Bruski, Front Model Management

Finally, the term of the contract is (typically) two to three years. And the contract will automatically renew for one year unless either you or the agency gives notice of non-renewal 60 days prior to the expiry date of the contract. This is just a heads up on what to expect when you sign with a major editorial fashion agency.

In truth (regardless of my comments), this is a good contract; it has allowed the agencies to function properly for many, many years and to provide an excellent environment for models to make a good living (and for some, a very good living!). There are small variations from agency to agency, and there are models that will have slightly different commission rates for various reasons, but this is the language you can expect to see when you are offered the opportunity to sign with an editorial fashion agency.


Photographer: John Fisher; Model: Mia Giacobbe, “Sweater Girl” editorial, Hair and Makeup: Frances Lordan

One thing I always caution models about is when you finally sign with an agency is that this is not the finish line—it is the starting line. However hard you had to work to get there, you must work ten times harder to stay there. You will not try modeling; modeling will try you.

P.S. All the models featured in this article have signed the standard contract.

John Fisher

John Fisher is a fashion photographer who does magazine editorial, advertising, catalog and swimsuit photography. He's a member of Canon Professional Services and was recently named as a sponsored photographer for Paul C. Buff Companies. His website is www.johnfisher.com.

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15 Responses to “The standard modeling contract”

  1. September 27, 2017 at 5:51 am, Carly Chameleon said:

    Just ran into this – truly interesting. I was invited to several one of the runway shows this past fashion week and I must admit- a lot of work goes into it. And I’m happy to see that this particular industry seems to be moving along and survived the social media era.

    Reply

  2. February 08, 2017 at 7:47 pm, JustLuvly said:

    I’m 45 and I’m always getting photographers/agents in the modeling business asking me why I’m not modeling anymore and I always pass up offers because altho I don’t look my age at all …I feel it. I would love to have the opportunity of modeling again. My question is.. Is there any agencies that cater to older models?

    Reply

  3. October 26, 2016 at 8:54 am, John said:

    Dear John and everybody,
    Signing with a model agency is good, however I want to warn everyone because I know one model agency (well known) that uses young models for their own purposes without even being paid at all. This agency sends the young models to shoot for photographers saying that they need to build the portfolio, however the photos never make it to the portfolio or to the young model. The agency also said that it was for photographers personal use? Is that right John? Can you please advise me? Then what they did they inflated the young model by saying you have got great potential, then for no reason they took the young model of their agency. Can you please advise? Im going to take legal action against this agency. Anybody with this kind of experience advise please?

    Reply

  4. November 14, 2015 at 12:09 pm, Lenny Wheeler said:

    John this is a very informative article. Really enjoyed the read as I am looking into managing along to compliment my photography and coaching!! thanks
    .

    Reply

  5. January 11, 2013 at 11:27 am, Shawn Antonia said:

    Would you happen to know about the contract the agency gives to the clients? What does it state, and would they have to sign one each tie they want to book a model?

    Reply

  6. June 28, 2012 at 5:29 pm, The OperateHer said:

    Overall, decent article, John.

    However I would recommend that you stick to writing articles that are from the photographers standpoint. I say this because many people really don’t have a clue how agencies operate… unless you actually work for one. Most are private entities and very tight lipped about their dealings. And I can’t imagine that many models are willing to share their modeling contracts to random photographers at will. Today’s modeling agency has certainly evolved from those that have been around since 20 years ago. Each agency is unique and nowadays, so are their contracts. So much so that “exclusivity” is becoming extinct! As industry professionals, it is our responsibility that we provide relevant and accurate information, not information for personal gain or to make ourselves sound smart. There is far too much information out here on the internet that misrepresents the modeling industry and it’s best to just speak on what you know to be fact. I’d much rather read an article about a modeling contract from an actual “agency booker” or “agency director”. Get my drift???

    Additionally, your article almost attempted to “poke fun” at agencies. Not sure if this was on purpose, or if I just lost the tone of the article. Either way the bottom line is that without agencies, MOST models would not find legitimate work. Further, it is NOT true that agencies don’t find models work. No business with any strong business sense would ever make any guarantees in their contracts. However, finding models work is the ultimate goal! An agency will not sign a model if they do not feel that you successfully find them work. It’s counter productive. They only get paid when the model gets paid, so believe me when I say that there is alot happening behind the scenes that YOU (a photographer) may not be aware of. Agencies cannot guarantee anything for obvious reasons, but the reasonable assumption is that they WILL attempt to find a model as much work as possible.

    If it were not for agencies, most models would be not be paid fairly (if paid at all) and most would not get the exposure they do. I encounter models daily and if one were to ever ask me why I take a commission, I would politely show him/her the door and demand that the never return! The fact is, agents have to make a living just like the model and being an agent (i.e. model, talent or sports agent) this is not a “hobby” for most of those working legititmately and fulltime. If they are spending 12-hour days contacting clients, putting packages together, editing photos, managing schedules and negotiating rates on a model’s behalf, they had better get paid for that service! You would never expect an attorney to work for you for free, yes? If it were not for the agency, the model probably would not even earn the money that they do make. Think about that before poking fun! Also, any model that cannot understand the value of being represented by an agency should definitely read THIS:

    http://www.courthousenews.com/2012/04/30/46067.htm

    A model on this very site (Model Mayhem) site was RAPED last year by one of the perverted trolls that frequent this site to prey on young, unsuspecting models. I will say that both the victim’s lack of common sense and Model Mayhem’s inability to run a professionally operated, regulated site played a huge part in this incident. However, if she had been with an legitimate agency and not out there flapping in the wind on her own, the chances of this happening might have been SLIM to NONE! Anyway, my two cents and again, overall good article.

    Reply

    • July 11, 2012 at 8:40 am, John Fisher said:

      I’m not sure I get your “drift”. I have been an agency operator, and a booker (as I mention in other articles published here), as well as a photographer who has placed models with major fashion agencies (under contract) for over twenty years. I even wrote the contract for the agency for which I was hired as the agency operator (basically copied from the many contracts I had from other top agencies).

      I was first involved in signing a model (as a scout) with IMG in 1991, and have an extensive and ongoing involvement with agency management even today (I’m holding a MC2 contract for a new face as I write this). You may question the article, or have different opinions, but to suggest that I don’t have an extensive familiarity with agency contracts and how they work is simply inaccurate.

      John

      Reply

  7. June 27, 2012 at 7:14 pm, janos said:

    Mia Giacobbe has a great look!

    Reply

  8. June 27, 2012 at 12:42 am, barbie6 said:

    Great info…

    Reply

  9. June 26, 2012 at 11:45 pm, Fred said:

    This was good when I first read it in the forum 2 years ago. How about something new?

    Reply

  10. June 26, 2012 at 5:52 pm, Greg Autry said:

    Again, another very good article by John. Pay ATTENTION Ladies.

    Reply

  11. June 26, 2012 at 4:21 pm, TJPhoto40 said:

    This covers most of the basics in a fairly accurate way, leaving out some of the nuances. Regarding representation, I think it’s fair to say most agencies spend very little time “advising” or educating their newer models about the business and what’s expected of them, even after signing a contract. It’s more an attitude of “sink or swim” when they throw the model out for jobs or castings. So models shouldn’t expect a truly hands-on educational experience when they join an agency, regardless of how prestigious the agency might be. The agents are working to find jobs, not give how-to advice to the model.

    Regarding exclusivity, I think the reality is that agencies want to make sure the model doesn’t bail out before they have a chance to market her. The agents devote time and money to promoting a new model, so they want to see that pay off over time, knowing that it may take weeks to see if a model is going to be successful. Too many models aren’t reliable, even when they get a good agency representing them. On the other hand, I was always led to believe that a model can extricate herself from an exclusive contract if she’s not happy about how things are going. The feeling is, why would you want to keep a model who’s unhappy, since she won’t represent the agency well? Likewise, the agency will have no qualms about dropping a model under contract (or at least not pushing her anymore) if she doesn’t pan out–isn’t reliable, doesn’t go to castings, is a pain, or doesn’t generate client interest.

    Reply

  12. June 26, 2012 at 10:47 am, FADM_Nimitz said:

    Interesting article. If anything it proves the independent models can cut the middle man, and lower the costs of doing a shoot! I figured agencies do a markup on both sides, and pad some here.

    Reply

    • June 26, 2012 at 11:50 am, Laurens said:

      In my opinion, this is flawed thinking (the comment, not John’s
      article). I surely hope that aspiring talent doesn’t take any thing from
      it. The work agencies get for their talent simply isn’t available to
      independent models.

      The article is accurate and portrays a great scenario for a model.
      Talent that gets signed to top agencies and stick on the board make
      enormously more than independent models. Even after commissions and
      having to pay to properly develop their books and other costs of getting
      into the real business.

      Reply

      • June 28, 2012 at 10:57 pm, Francisco Bebecito Emoxito Pow said:

        I agree with Laurens completely, as well as John. FADM_Nimitz, you must understand, known agencies exist because they have relationships with high quality entities. Those relationships come from time and previous dealings. They have track records. A standard of quality. It’s not like companies go to random attractive people and trust million dollar campaigns in their hands.

        One thing that I think every single person in this industry can agree on is that quality always prevails over quantity. Counting someone elses money and using that as a guide on how you should align yourself in the industry of beauty is not a winning recipe.

        Reply

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