I am a web model and I signed a contract with a non-compete clause I want to get out with out a problem help?
The contract is for 2 years and im only 2 months into it and it also has a non compete clause/Exclusivity clause ... so i really want to get out of this fast its a bad bad deal..
D. Exclusivity. Not withstanding the exclusivity provision in Section * * wi, above, Artist agrees that this Agreement, and the terms contained herein, is exclusive. Artist may not solicit, do business,advertise, promote or enter into a contract with any other * *** *** ** website or medium while under contract with *** *** and for a period of 8 months after termination of this Agreement. Any violation of this or any clause of the agreement entitles *** *** to a remedy of temporary injunction and for liquidated damages in the amount of ten thousand dollars ($10,000.00).
This would be the state of Florida
Yes I foolishly signed this contract... I know it wasn't smart but I am making nothing compared to what I could be making and i really need to support myself.
I need to get out of this contract with out legal action taken against me.
I want to start my own business I have another job offer in the same field, it is an online business with the same line of work... Its adult entertainment, just photos . I would like to move on to a different site... 8 months is a long time not to work, and I haven't been making enough to support myself.
So if anyone could help me i would appreciate it!!!
Contract Legal Website Photography
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Go talk to a local lawyer. They will give you a feel for whether you are in trouble or not for free. – Alain Raynaud 13 years ago
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@Alain - exactly. It may be the contract clauses are illegal due to bad feith. TALK TO A LAWYER. – Net Tecture 13 years ago
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Just to +1 to Alain, on a casual glance this contract is pretty predatory, so if you fought it, you couldn't likely get large portions of it declared illegal, so you wouldn't have to abide by those clauses. I've worked with a few models in the past, and the clause you quoted is not something any reasonable person would knowingly agree to, so you could likely get it thrown out. – Bwasson 13 years ago
2 Answers
I didn't realize you were 18 already...
Anyway, you probably need proper legal advice and representation, plus the rest of the contract is ultimately going to be relevant to this.
There are multiple strategies and approaches to something like this, the most efficient one may be to see if you can land another more lucrative gig and then buy out of this contract. If your other options truly are able to earn a lot more money, then a $10,000 buyout of this contract would seem to be a good investment.
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BTW, you *really* need an agent/manager or someone who knows their way around this stuff and can represent your interests. Yes, they'll take a chunk of your money (10-25% typically), but it's worth it in the end. I have several friends from the music industry that paid very expensive lessons in trying to be their own managers, you can do it over time, but you are most likely better off in the short term not trying to be manager/lawyer/talent all at the same time. – Brian Karas 13 years ago
You really need to talk to an attorney and let them look at the entire contract. That said, here is some general guidance:
Non-compete clause: Florida will enforce non-compete clauses provided they are limited in time, area, and business. They must also prove a legitimate business need for the non-compete. Eight months may not be too long, but you would need to discuss with a lawyer why they had you sign the agreement and what investments they made in you.
Liquidated damages: Liquidated damages are enforceable assuming they are really used to recover the loss incurred by a breach and not used to punish the breaching party. This determination will be based on the amount of the total contract and the specifics of your case. (Did they invest money to get you started with the hope of making back over time?)
Again, the devil will be in the details of your case and you need to talk with an attorney regarding the specifics.
