Legal Question in Entertainment Law in Utah
My boyfriend entered into an exclusive contract with a modeling/acting agency here in Utah January 21, 2007. They have not performed any services for him, and he has not performed any services for them, but they are asking for $1,945.00 from him. It says in the contract that they will charge a $2,000 fee for not showing up to a scheduled booking or engagement without a seven days notice. This has never happened because no appointments were ever made to not attend. Other fees may be applied for reasons such as a failure to turn in work vouchers, not cashing checks within a certain period of time, etc which would be applied after a completed service has taken place and a failure to carry out the necessary steps has occured. This agency is destroying his credit and I know he can dispute the charges, but my question is whether or not his failure to initiate a photoshoot and attend classes due to financial constraints (they wanted him to make four payments of $500 each to pay for the photos and classes-which was not included in the exclusive contract) consitutes a breach of contract? They were aware of his inability to pay, and he never initiated a time or place to take photos or attend classes. He has nothing to do with the modeling industry to this day and is pursuing a career in culinary arts.
1 Answer from Attorneys
Hi,
You can surely challenge such demand of the modeling agency. Also there seems to be no bases for demanding an amount of $ 1945. Communicate in writing to the agency asking bases for demand of such amount.
Regards