If you are new to the fashion industry and have just secured your first modeling contract, congratulations! This is a super exciting opportunity for you.
Contracts are intimidating. Modeling is a business, and as with managing any business, you will have to flex your negotiation skills. If this is your first time handling a modeling contract, have no fear–read on for my insights on what to consider as you navigate your model agency contract.
Please note, I am not a lawyer and this is not legal advice. I am sharing what I have observed in the industry based on my experience as a signed model in New York and Los Angeles.
Points to negotiate in your modeling contract
Once you receive your modeling contract, you’ll want to read the whole thing front to back and understand the contract terms.
Duration of the contract
Pay close attention to the contract length. The length of most modeling contracts is between 1 – 3 years. I would suggest signing a contract of length no more than 2 years. As a new model, 2 years gives you enough time for the agency to develop you and for you to start booking jobs.
If, after reaching the 1.5-year mark, you find that you’re booking enough work, you can always explore opportunities with other agencies in your area. In most contracts, you need to give some notice before you terminate your contract. This usually ranges from 3 – 6 months advance notice.
If the agency provides a 3-year contract, you can try negotiating it down to a 2-year term. If you are an experienced model, you can even negotiate it down to 1 year, so you have more flexibility. When the contract expires, you can always re-sign, or apply elsewhere.
Will this be a mother agency contract?
Mother Agency contracts are more common with boutique agencies or smaller agencies. Mother agencies will develop and place their models with agencies in different markets–both domestically and abroad. This is a win-win situation for all parties involved. Mother agents will typically have your best interests in mind since they are developing you to be placed with top agencies.
The model gets more opportunities to book jobs, as they are being submitted to castings in different markets.
The mother agency makes a commission on each job the model books in their placed market(s) at no additional cost to the model. This commission is generally 10% of what the agent the model is placed with makes.
The agency the model is placed with expands their roster and books more jobs, leading to more income in the agency with no need to invest time into developing the model.
A model’s first agent will generally be a mother agent. Mother agents have a more hands-on approach to a model’s career and make an effort to develop their models for other markets.
Exclusive vs Non-Exclusive Contract
Contrary to popular belief, a model can be represented by multiple agencies at once. This scenario occurs through a mother agency contract as explained above, or a non-exclusive contract.
A non-exclusive contract means that while an agency represents you, any freelance jobs you book on your own don’t require you to pay an agency commission. You can also find representation on your own in different markets. The drawback is that the agency will likely be more hands-off, and only send you castings. They may not give you advice on how to manage your career.
An exclusive contract means that the agency is your sole representative either domestically, or in a specific geographical area. You’re still responsible for paying the agency commission for any jobs you’re approached for or secure on your own.
In an exclusive contract, you can negotiate the agency commission to be lower for any clients you book yourself.
In an exclusive contract, if you book jobs on your own and don’t notify your agency, this will be considered a breach of contract. Do so at your own risk. Make sure you fully understand the exclusivity clauses in your contract.
Since post-pandemic, I get the sense that most modeling contracts are exclusive, particularly for new models. Make sure you understand the type of contract you are signing.
Website Fees
Website fees are a normal startup cost for models. A website fee at a reputable agency might range between $100 – $400 per year, and the expense will be deducted from the model’s first paycheck. You can try to negotiate the website fee to be lower.
Consider it a pink flag if an agency requires the model to pay a website fee upfront. This isn’t a sign to drop the conversation. However, if there are any other aspects of the interaction thus far that have made you uncomfortable, this can count toward that list.
What does the termination clause look like?
How easy is it for you or the agency to terminate the contract? Some contracts offer a clause where if the model has not booked anything in the first 6 months of representation, either party can terminate the contract.
If there is any ambiguity on how you or the agency can terminate your contract, make sure you ask for clarity here.
Agency Fee
Model Agency fees of 20% are the norm in the fashion industry in the United States. The agency makes money by taking a 20% commission from the model’s earnings, and 20% from the client/brand the model books with. If you are signed with a talent agent, sometimes the commission fee may be lower, at 10%. Understand what percent commission the agency will be taking from your earnings. This is a major aspect of the model-agency partnership.
An agency fee of over 20% should raise a red flag. Reputable modeling agencies rarely ask for more than 20% commission. Model agencies abroad, however, may require commissions of up to 35% from the model. In some international markets, it is not the norm for agencies to take a commission from the client.
Understanding the Partnership with Your Modeling Agency
Understanding how you and your agency will work together is key to ensuring a successful and lasting partnership where you book jobs and they make money. Here are some factors to consider before you sign your contract.
What types of jobs does the agency envision you booking?
If a legitimate agency is interested in signing you as a model, they see potential in your ability to book jobs (and therefore make money for the agency). What are the types of jobs they see you booking? Does this make sense to you based on your profile and the types of jobs you observe other models of your profile booking?
You might book a variety of modeling jobs, such as fit modeling, fitness modeling, beauty, high fashion, runway, and commercial gigs. Different models will book different types of modeling jobs depending on height, body type, and look.
Keep in mind modeling industry trends are constantly changing. Every season, different looks are “in” and there will almost always be busy seasons while others may be less so.
Understand your modeling career goals
Do you want to be represented in multiple markets? Even internationally? What are your dream clients you want to book? Do you see yourself achieving these goals with this agency? What types of potential clients can this agency book for you? Is your future agent open to developing you to work toward these goals?
These are questions you should feel free to discuss directly with your future agent before you sign your contract. A successful partnership will entail both of you working together closely toward your goals.
What will be your rate?
Most agencies will not bother submitting models to jobs that pay below a certain sum of money. With my agency, the threshold is around $1200 per job. This threshold is higher if I have to pay for my travel to a booking, though there is some wiggle room for opportunities from dream brands.
If you are a new model, you’ll want to discuss what your model’s fee for a half-day, full-day, and usage rates will be. Usage rights of images are where the bulk of the model’s pay comes from.
Agencies have a good sense of what fair compensation is in the industry for different types of work. You might defer to your agent for guidance around negotiating your rate with clients.
Payment Terms
Models typically get paid 90 days after the job shoots–because the client has 90 days to pay. I have rarely waited that long, usually 2 months at most. A good agency will send your payment as soon as they receive it.
Startup Costs for Models
Most legitimate agencies will not charge upfront fees. The agency makes money when its models book jobs. If they are signing a new model, they will have to invest time in developing the model. The model will have to invest in comp cards, a strong portfolio, and a website fee for the agent to market the model to clients accordingly. These are considered promotional materials.
Comp Cards
Comp cards are a model’s business card, and are a necessary start-up fee. To order my comp cards, the agency connects me with a printer, and I pay the printer directly. I paid around $45 for a set of 15 comp cards. I bring my comp cards to in-person castings and drop them off with the casting director so they have something to remember me by.
Building a Strong Portfolio
A solid test shoot, with styling, a hair and makeup artist, and a photographer will get you around 10 – 12 edited images for $600 – $1000. The price varies depending on the city in which you live.
As a beginner model, you will have to build your portfolio. An agency may connect you with photographers for a “test shoot.” Sometimes these are free, but more typically, you will have to invest in these test shoots. A model’s portfolio is the key to booking jobs.
An agency may have preferred photographers they’d like you to work with, but if they are pushing you to use in-house photographers, this is a sign they are running a photo mill. You do not want to sign with an agency where they make money off selling test shoots to their models.
Seek Legal advice from a Lawyer in the entertainment industry
The best case scenario is to have a legal expert who has experience in the entertainment industry look over your contract for any red flags. They will know the industry standards of a modeling contract.
If you ask a general lawyer, they will understand the terms, but they likely won’t know if a term is a red flag or not, because they may not be familiar with the industry.
If you do not have access to a lawyer, you will have to do a bit more research on your own. Review the contract, highlight the portions where you want more clarity, and ask your prospective agent what the associating sections mean. R/Modeling on Reddit can be a great resource here.
Other Red Flags
If an agency requires you to take any modeling or acting classes to get representation, this is a sign they are making money from selling classes rather than booking jobs for their models.
As a model, you always have to advocate for yourself. If they give you time pressure to sign the contract, this is a red flag. You should have ample time to review and send over any questions you have. Contract negotiations should take no more than a week. There should be prompt back and forth on both sides in the negotiation process.
Make sure it does not drag on too long, otherwise the agency may think that you are not interested. If you are reviewing offers from multiple agencies, try to time it (though it can be hard) so that you receive the offers at the same time. When you sign your contract, you are taking an important step to becoming a professional model!
If you sense something is off, pass on the contract. You don’t want to be tied to a contract where you are not booking jobs for 1 – 3 years. If you had no interest from the modeling agencies you applied to, take your digitals again in 3 – 6 months and send out another round of applications.
As mentioned previously, industry trends are constantly changing, so keep trying–and come back to this article in 3 – 6 months when you get your next contract. 🙂
[…] Some exclusive model contracts even stipulate that UGC content jobs fall under the contract terms. The model needs to pay a commission to the agent for UGC work. […]