Warning: Just been burned by a model

[Big_Dogg85]

You know there is a possibility you are the first person this model has ripped off. And no offense, but it is here say. She can't prove she didn't and you can't really prove she did. That's the problem I suppose.

Sorry this happened.

Well then instead of trying to get the website to recognize what she did... inform some of the other vid producers that post here and see about getting them to inform other producers they know, and so on. I'm sure several of the other producers here have read this thread and are taking precautions.

Like you said before, it is an expensive lesson - but one needed to be learned and one that won't be duplicated, right? 🙂

 

[anon0907]

you see a movie..you have to pay first..

you stay in a hotel..you have to pay first..

trust is a two way street here..what if she agreed and got tickled..and then wasn't paid..i'm not saying you would do that..but i can see why money is handed over first..

Yeah, but when you got a job, you gotta do the job before you get paid. Modeling, factories, truck driving, whatever it. Even with the movie, if the actor leaves before the contract is fulfilled, they lose the pay. Unless they got a sweetheart contract.

CJ

 

[footnotes1]

Dude, that sucks that she bailed. Did you have her sign a contract before starting the vid? With a signed contract you could at least prove to sexyjobs or others that an agreement existed between the two of you. Of course she could still deny being paid, but the fact that you have some footage of her would support the argument that you either paid her or she was willing to be paid after the video was over, since why would she begin performance of her duties under the agreement if she thought she wasn't going to be paid?

In a legal sense, TF's contention that he was ripped off isn't hearsay. He was there and experienced it first hand. Just for purposes of illustration, if he were to sue the model, generally he would be allowed to testify even about what the model said (in a non-legal sense we would call this hearsay), and her lawyer couldn't successfully object on hearsay grounds.

This isn't legal advice, but what I would do when producing your next video is have each model sign a contract on camera, then say something like, "so you just agreed to be in a tickling video, right?" and she would say yes. You could also film her being paid, and you could have her acknowledge that the money was being given in consideration for her services as a tickle model as specified in the agreement she just signed.

As to the issue of whether the model gets paid first, I've heard of many photographers paying the models immediately after the shoot was done. Having a contract signed by both the model and the producer that specifies exactly how much the model will be paid and that she is to be paid immediately after the shoot would make the model feel a lot more comfortable in terms of trusting that she actually will be paid. With that said, half up front and half immediately afterward seems pretty fair and convenient for both parties.

 

[CheshireCatNY]

"Live with what she did?" Something tells me she's not the type who will loose much sleep over this situation....people like that only feel bad when they get caught...thats it....

But yeah....fucking bitch....XD

I'd write another letter telling them that you're going to start telling all of your friends in the business to not use their site to find models.

 

[Big_Dogg85]

In a legal sense, TF's contention that he was ripped off isn't hearsay. He was there and experienced it first hand. Just for purposes of illustration, if he were to sue the model, generally he would be allowed to testify even about what the model said (in a non-legal sense we would call this hearsay), and her lawyer couldn't successfully object on hearsay grounds.

Without any evidence to corroborate any agreement (no written contract, no verbal contract with witnesses), it would become a balance of probabilities in civil court. (weighing stories of applicant and respondent to determine which is more believable) All the model would have to argue would be that the situation was a 'caveat emptor' and that there was no proof of any contractual obligation, nothing written and no witness to prove legitimacy of verbal contract. A judge would probably find her at fault (TF's story would be more believable in court) but the compensation she'd have to pay would mean and be next to nothing: besides, at the amount that the model got, would you want to pay anywhere up to 10X that amount in legal fees and time just to follow through with such a suit?

An expensive lesson yes indeed, as stated previously. The idea of a contract is good but might scare off future models by the formality of it. (and for little money, why bother?) While trust is the biggest factor, splitting up the cost to an amount for showing up and a greater amount after would be the best strategy to begin with: it could mean out of $200, you give the model $20-$40 just for showing up and the remaining $160-$180 once the shoot is finished. From there, you can determine if you would use the model again, establishing trust and rapport. Think of it this way: if someone decides to skip out on you again, all they would get is enough money for 3/4 of a tank of gas and you would never use such model again, perhaps even reporting her to other producers as I mentioned before.

That's enough lawr, err law out of me. Good luck with the vids!