§ 1034 — Duties of model management companies

New York § 1034

• Jurisdiction: New York
• Law LAB: Labor
• Art. 36: New York State Fashion Workers Act

Text

§ 1034. Duties of model management companies. A model management\ncompany shall:\n 1. be deemed to have a fiduciary duty to the models they represent and\nshall be required to act in good faith, with the utmost honesty and\nintegrity, in the best interests of the models. This fiduciary duty\nshall encompass all aspects of the model management company's\nrepresentation, including, but not limited to, negotiations, contracts,\nfinancial management, and the protection of the models' legal and\nfinancial rights;\n 2. conduct due diligence to ensure that any employment or engagement\nprocured through the model management company does not pose an\nunreasonable risk of danger to the model. An unreasonable risk of danger\nshall include, but not be limited to, failing to establish and\ncommunicate a company policy that equals or exceeds the minimum\nstandards provided for by existing laws that address abuse, harassment,\nor any other form of inappropriate behavior towards models represented\nby the model management company or model management group;\n 3. use its best efforts to procure employment, engagements,\nentertainments, exhibitions or performances for remuneration for the\nmodels signed to the model management company or model management group;\n 4. ensure that any employment, engagement, entertainment, exhibition\nor performance which requires nudity or other sexually explicit material\nshall comply with the requirements of subdivision three of section\nfifty-two-c of the civil rights law, as added by chapter three hundred\nfour of the laws of two thousand twenty;\n 5. provide models with written physical or digital copies of: (a) a\ndeal memo memorializing agreements, which includes the remuneration and\ncompensation such model shall be owed upon conclusion of services that\nthe model accepts, as soon as reasonably practical prior to the\ncommencement of a model's services, and (b) the final agreement\nnegotiated with clients in relation to such booking in the language\nrequested by the model making best efforts to sign the contract ahead of\nbooking, provided that the final agreement shall be provided to the\nmodel within seven calendar days of the conclusion of the model's\nservices;\n 6. clearly specify and seek prior written approval from the model of\nall items that may be initially paid for by the model management company\nbut will ultimately be deducted from the compensation due to the model\nat the time of payment or settlement, together with an itemized\nrecitation as to how each item is to be computed, provided such charges\nare not otherwise prohibited by this article. On a quarterly basis, a\nmodel shall also be given copies of any and all documentation held by or\navailable to the model management company necessary to determine the\nvalidity of each charge;\n 7. disclose any financial relationship, contractual or otherwise, that\nmay exist between the model management company and the client, other\nthan the agreement relating specifically to modeling services;\n 8. notify former models in writing, including electronic notification,\nif the model management company collects royalties due to a model whom\nthe management company no longer represents;\n 9. post a physical copy of the model management company's certificate\nof registration in a conspicuous place in the office of the model\nmanagement company and a digital copy on the model management company's\nwebsite;\n 10. include, in clear and legible type, the registration number of the\nmodel management company in any advertisement, including social media\nprofiles for the model management company, for the purpose of the\nsolicitation of models for the model management company and in any\ncontract with a model or client; and\n 11. obtain clear written consent from the model for any creation or\nuse of a model's digital replica, detailing the scope, purpose, rate of\npay, and duration of such use. This consent must be obtained separately\nfrom the representation agreement.\n