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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 46167
Experience:  32 years of experience practicing law and a businessman.
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In June 2012 I signed a 1 year contract with a small modeling

Customer Question

In June 2012 I signed a 1 year contract with a small modeling agency on behalf of my minor daughter. We have not heard or spoken with the agency since eventhough we have reached out by phone and e-mail. We have asked for a copy of the contract with no answer and not one job has been booked or phone call made. She now has the opportunity to sign with other agencies but I would like to make sure this contract is not holding her back. How do I immediately/legally end this contract that I signed for my now 16 year old daughter?
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Did you receive a signed contract from the agency when you entered into this contract? Thanks.
Customer: replied 1 year ago.


FYI: I am in Texas.


 


No, the agency offers classes and we were thinking about going to the classes but changed our mind because of the cost. It was not mandatory to attend the classes. The agency rep. said that she would give us a copy of the contract the next time we meet up for classes or jobs on the day the contract was signed. I have not received anything not even by mail or e-mail eventhough I have requested it.

Expert:  Richard replied 1 year ago.
Thanks for your response. You have two alternative arguments here: 1) One, you can claim that there was never a legally binding contract because you were never delivered a fully signed copy of the contract. Thus, your signature constituted merely an "offer" of a contract and until accepted by the other party evidenced by delivery of a contract signed by the other party, you have the right to withdraw your contract offer at any time prior to such delivery to you. 2) Two, that even if there is determined to be a contract, that they have defaulted under this contract by doing nothing and providing no services and thus you have the right to terminate. I would send them a letter by certified mail detailing the foregoing and telling them know that you consider the contract terminated and demand that they indicate their agreement with the termination by signing the letter in the space you provide and returning the letter with their signature. Let them know that if not returned within a short specified period of time, you will have no choice but to file suit against them.



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Richard, Attorney
Category: Business Law
Satisfied Customers: 46167
Experience: 32 years of experience practicing law and a businessman.
Richard and 8 other Business Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!
Customer: replied 1 year ago.


Great! That definitely helps!

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Expert:  Richard replied 1 year ago.
You're welcome...it's my pleasure to help! Have a great weekend!
Customer: replied 1 year ago.


One more question, if they do not respond to my communication and do not sign that they agree with the termination, can I then proceed as if the contract is cancelled? Would I have to go through the process of actually taking them to court or would I be well within my rights to proceed on?

Expert:  Richard replied 1 year ago.
If they do not respond within the time indicated on your letter, you can proceed with the other company; but you will want to disclose the situation to the new company in writing so that if something happens, they can't say they were not informed of this. Just in case your daughter, however, hits it really big, the safest route would be to file the suit to get a judicial termination.
Customer: replied 1 year ago.


Ok, thanks!

Expert:  Richard replied 1 year ago.
My pleasure!

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