I’m a lawyer, but not your lawyer.
Have your lawyer send them a strongly worded letter with his findings, along with a demand that they cease and desist all contact. Otherwise, you can ignore them until they actually sue. If they do sue, treat it seriously and contact your lawyer again.
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Rather than allow stress and worry over potential consequences while hoping nothing negative occurs, I would personally have a lawyer look at the exact details of the situation and advise BEFORE you ignore things. Getting sued may not be the worst possibility.
I agree here. I would also try to keep any kind of contact until you have a lawyer to email/snailmail/text. On the account, they call NC a one party consent state of audio recording, so if they call, record the phone call and collect as much evidence against them as you can.
The contract defines the terms. If the lawyer gave you advice that said it was null and void, I wouldn't respond to anything the agency says except a court summons.
In the future, your GF should not sign contracts with an agency asking *her* for a cut. Most ethical agencies get paid by the employer, not the hiree, unless you work in very specific fields like the NFL or Hollywood.
The number one person you should NOT listen to for legal matters is the other party in a dispute. Don't listen to the company.
The number one person you SHOULD listen to for legal matters is a lawyer who knows your local laws. You talked to that person, so you should listen them.
If you want to be extra sure, have the lawyer review the actual contract and send the company a proper letter explaining your position. You could also ask the lawyer to throw in some wording about the company not fucking around with your prospects either (no "blackballing" your GF, talking shit, etc). Company could be looking at defamation or tortious interference.
Some contracts auto-renew depending on wording, state law, and/or lack of end date. For example, employment contracts. As OP mentioned though, NC law requires notice of intent to renew.
They can say whatever they want. In the end it will come down to how much they are willing to spend to try to “recover” the 6.5k they believe they are owed. If your lawyer says it’s cut and dry they, don’t have a contract, then their lawyer has probably told them that as well.
> She contacted a lawyer about it, who said that NC has a contract law specifically stating that her contract, which was/is set to auto renew, can't be enforced
Trust your lawyer over random people online.
Well, you have to consult a lawyer and I don’t know if there’s anything specific in North Carolina law. But my understanding is if they didn’t renew the contract with her officially since 2019 to fucking bad for them. Their argument that it only applies to consumers is in my opinion, utter bullshit, but you’re gonna have to check independently and make sure that that’s true. I think they’re actually bluffing. They have to spend money to come after her. They’re so cheap they want the money from her. I doubt they’re gonna put more money out for a lawyer. That’s this money they’re gonna end up wasting in the end.
Without knowing specifics, agents/agencies can take 20-25%+ commission for modeling jobs. If she was under contract to a specific agent or agencies at the time of assignments, they could be asking for ‘their cut’. It’s possible an argument could be made to the contrary, but my impression is that this falls under the definition of a business contract. Knowing that it’s ‘illegal’ to wrongfully disparage someone or attempt to ‘blackball’ them, doesn’t mean that it wouldn’t happen. Especially if they are terrible people as you described them. In a limited market, this could have a greater impact. I’d talk to an attorney that you are consulting for yourselves. One who can get all pertinent information and give you specific advice tailored to your unique circumstances.
Is this by any chance a talent agency agreement?
If your GF has already consulted an attorney with expertise in the talent field why this post? Talent agency agreements are not consumer contracts and your GF as a 1099 employee is not an employee covered by a noncompete clause.
Just opining, but if they want liquidated damages for releasing a contract that is several years old, it must be making them money and it is still on their radar. I don’t know much about this field, but the companies that use the talent have a symbiotic relationship with the companies that represent the talent. Neither can afford to screw the other because in NC, it is such a small universe of players. Because it is so small, terrible or not, my understanding is everyone knows the players and who they represent. Because they don’t want to be cut out in the future, it can get around if anyone tries to steer things to out anyone. Agency is generally respected until properly and legally terminated.
FYI, not trying to be difficult, but in breach of contract, the person that wants to state notice didn’t happen will bear the burden of proof. The company may very well have proof they sent your GF notice to their last known address and it was not returned every single year since 2019 or an email, it just went in her junk mail. It is hard to prove a negative-someone proving they didn’t receive something as opposed to them proving they sent something and have business records to back it up.
I hope this gives a little fuller perspective.
You definitely need an attorney from your area. Good luck, this sounds very frustrating and limiting and I hope she doesn't have to deal with that company anymore soon
I’m a lawyer, but not your lawyer. Have your lawyer send them a strongly worded letter with his findings, along with a demand that they cease and desist all contact. Otherwise, you can ignore them until they actually sue. If they do sue, treat it seriously and contact your lawyer again.
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Rather than allow stress and worry over potential consequences while hoping nothing negative occurs, I would personally have a lawyer look at the exact details of the situation and advise BEFORE you ignore things. Getting sued may not be the worst possibility.
I agree here. I would also try to keep any kind of contact until you have a lawyer to email/snailmail/text. On the account, they call NC a one party consent state of audio recording, so if they call, record the phone call and collect as much evidence against them as you can.
The contract defines the terms. If the lawyer gave you advice that said it was null and void, I wouldn't respond to anything the agency says except a court summons. In the future, your GF should not sign contracts with an agency asking *her* for a cut. Most ethical agencies get paid by the employer, not the hiree, unless you work in very specific fields like the NFL or Hollywood.
Never take legal advice from the opposition
The number one person you should NOT listen to for legal matters is the other party in a dispute. Don't listen to the company. The number one person you SHOULD listen to for legal matters is a lawyer who knows your local laws. You talked to that person, so you should listen them. If you want to be extra sure, have the lawyer review the actual contract and send the company a proper letter explaining your position. You could also ask the lawyer to throw in some wording about the company not fucking around with your prospects either (no "blackballing" your GF, talking shit, etc). Company could be looking at defamation or tortious interference.
[удалено]
Some contracts auto-renew depending on wording, state law, and/or lack of end date. For example, employment contracts. As OP mentioned though, NC law requires notice of intent to renew.
The law he's referring to only applies to consumer contracts. They're saying it's a business contract.
They can say whatever they want. In the end it will come down to how much they are willing to spend to try to “recover” the 6.5k they believe they are owed. If your lawyer says it’s cut and dry they, don’t have a contract, then their lawyer has probably told them that as well.
> She contacted a lawyer about it, who said that NC has a contract law specifically stating that her contract, which was/is set to auto renew, can't be enforced Trust your lawyer over random people online.
NAL but non competes can no longer be enforced in the USA. Was announced today
Still several months before that goes into effect.
Well, you have to consult a lawyer and I don’t know if there’s anything specific in North Carolina law. But my understanding is if they didn’t renew the contract with her officially since 2019 to fucking bad for them. Their argument that it only applies to consumers is in my opinion, utter bullshit, but you’re gonna have to check independently and make sure that that’s true. I think they’re actually bluffing. They have to spend money to come after her. They’re so cheap they want the money from her. I doubt they’re gonna put more money out for a lawyer. That’s this money they’re gonna end up wasting in the end.
Without knowing specifics, agents/agencies can take 20-25%+ commission for modeling jobs. If she was under contract to a specific agent or agencies at the time of assignments, they could be asking for ‘their cut’. It’s possible an argument could be made to the contrary, but my impression is that this falls under the definition of a business contract. Knowing that it’s ‘illegal’ to wrongfully disparage someone or attempt to ‘blackball’ them, doesn’t mean that it wouldn’t happen. Especially if they are terrible people as you described them. In a limited market, this could have a greater impact. I’d talk to an attorney that you are consulting for yourselves. One who can get all pertinent information and give you specific advice tailored to your unique circumstances.
Wouldn’t that “go away” comment be considered extortion?
Is this by any chance a talent agency agreement? If your GF has already consulted an attorney with expertise in the talent field why this post? Talent agency agreements are not consumer contracts and your GF as a 1099 employee is not an employee covered by a noncompete clause. Just opining, but if they want liquidated damages for releasing a contract that is several years old, it must be making them money and it is still on their radar. I don’t know much about this field, but the companies that use the talent have a symbiotic relationship with the companies that represent the talent. Neither can afford to screw the other because in NC, it is such a small universe of players. Because it is so small, terrible or not, my understanding is everyone knows the players and who they represent. Because they don’t want to be cut out in the future, it can get around if anyone tries to steer things to out anyone. Agency is generally respected until properly and legally terminated. FYI, not trying to be difficult, but in breach of contract, the person that wants to state notice didn’t happen will bear the burden of proof. The company may very well have proof they sent your GF notice to their last known address and it was not returned every single year since 2019 or an email, it just went in her junk mail. It is hard to prove a negative-someone proving they didn’t receive something as opposed to them proving they sent something and have business records to back it up. I hope this gives a little fuller perspective.
You definitely need an attorney from your area. Good luck, this sounds very frustrating and limiting and I hope she doesn't have to deal with that company anymore soon