Legal Question in Employment Law in California
I'm in CA and I performed a job as an independent contractor 5 weeks ago for a promotional modeling agency, for which I signed an agreement for the specific event. Now I was given a general agreement to apply to all future events through them (and presumably apply to the past event too). Within the agreement is the following item requiring my initials to sign off on:
"If after using diligent effort, the company is unable to collect fees due and owing from a client respective to consultants booking for that client, the consultant shall assume the loss of her modeling fee and the agency will assume the loss of any agency expenditures."
If I refuse to sign this, and I don't receive pay, is the company required to pay me or would I have to go after the client to collect my fee?
Thank you.
2 Answers from Attorneys
It is a very strange term for a contract. The contract should be read and analyzed in its entirety by an employment law attorney. You can very likely find an employment law attorney who can analyze and consult with you regarding the terms you would be agreeing to. The fee to do so is approx. $150 for 1/2 hour or $300.00 for one hour. You can call and discuss this matter and email or fax the agreement.
If you don't sign it, you won't be working with them in future, so it doesn't matter.
As an IC, you are a 'business' and your terms and conditions with the agency are determined by your written contract, not employment law rules since you aren't an employee.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
