Contracts for agencies??

[Studio 110 by Sophia 150333]

I am hoping to get advice on contracts. I just finally found a lawyer for my agency. I had asked him if I should have contracts to protect my business, and the ladies I represent. He would like to have a chance to see one that is already done up.

 

Just wondering if anybody here has contracts with their agency. Would you be willing to share with me?

 

I have been told both, it can be a good thing...but then I also hear, it can be a bad thing.

 

I know one point to be made on this contract, that it is the ladies responsibility to pay their own taxes...but what else?

 

If you have any helpful info to share with me, a PM would be nice:)

[cat 262460]

Miss Sophia,

 

Start with an Independent Contractor contract from Staples. Then tailor it to our industry covering issues that are obvious, schedules, appearance, under the influence etc. You make up the list of do's and don'ts, the lawyer will put in the legalese...

 

cat

[Guest Ou**or**n]

You may consider coming at it from a reverse angle. Have the ladies sole contractual relationship being to pay you a booking fee. I'd deal separately with any photos you pay for by having them sign proper model releases that is clear as to who owns the copyright.

[Meaghan McLeod 179664]

I watched a documentary about the contracts that agencies get their girls to sign, and they seemed to stress the most that "you are not permitted to have sex with the client". Even though the agency knows this is the only reason clients call to book an SP, they wanted to make sure that they are stating "well, we told them they could not have sex with the client and we cant control what they do once they get together".

 

I think this was mainly the US, they hired the girls to work as a topless dancer for the client.

 

I also think that it is important to understand that you do not want to get into the whole issue of what services each girl offers. IE, do you offer greek, do you offer bb...etc. The whole understanding is that you are contracting the girl to provide time with the client and beyond that it is not spelled out.

 

Last thing you want is by trying to be professional you are putting yourself into a position of "soliciting" girls for the purpose.

 

BTW, what is it that you wish to accomplish by drawing up contracts?'

 

Just my .2cents worth.

 

Good luck!

[Studio 110 by Sophia 150333]

I watched a documentary about the contracts that agencies get their girls to sign, and they seemed to stress the most that "you are not permitted to have sex with the client". Even though the agency knows this is the only reason clients call to book an SP, they wanted to make sure that they are stating "well, we told them they could not have sex with the client and we cant control what they do once they get together".

 

I think this was mainly the US, they hired the girls to work as a topless dancer for the client.

 

I also think that it is important to understand that you do not want to get into the whole issue of what services each girl offers. IE, do you offer greek, do you offer bb...etc. The whole understanding is that you are contracting the girl to provide time with the client and beyond that it is not spelled out.

 

Last thing you want is by trying to be professional you are putting yourself into a position of "soliciting" girls for the purpose.

 

BTW, what is it that you wish to accomplish by drawing up contracts?'

 

Just my .2cents worth.

 

Good luck!

 

The contract is also about Copywrite to pictures The agency may use. If you sign the release form this protects me from future issues about using those photo's at the time that the lady is working for the agency. Also does not allow her to use the photo's for her own use during her working for the agency.

Also a contract verifies that I have ID checked the lady before working here.

 

It also makes the lady responsible for her own taxes. As I pay my taxes and claim certain things, she also needs to pay taxes, just as any sub contracting position.

 

Also will protect the business in the case of a lady who is sneaking drugs into the business. As it strictly states no one under the influence of alcohol or drugs will be allowed to continue with the agency. So that it shows clearly the agency does not endorse or tolerated this kind of activity.

 

Just as many website contain the phrase" what happens between 2 consenting adults, is a private matter, and all monies are for exchange of time spend." This is many regards is also a contract to the reader, as he clicks enter he has agreed to the terms. Web site are not considered soliciting, as it is not considered a public domain.

[fortunateone 156618]

I think some agency contracts may have references to fines, if the sp is missing shifts, or doesn't give proper notice to cancel a shift. I don't know for sure, but I do think that they do or can get fined, or nickel and dimed for a variety of expenses.

 

Also some agencies build in a signing bonus, as in they offer the sp a certain amount if they sign on with them, which I imagine is not paid out in full until a certain amount of time has passed.

 

Legally, unless you take the pictures yourself and then have them sign a release, you can't own their photos if they supply them. You can contract in that you are allowed to use them on your site, and that is to protect you but legally copyright is owned automatically by the person who took the picture or in the case of work for hire, the one who paid the photographer. I would stick to not trying to control the photos if the sp supplies them, and you can't control where else she chooses to use them.

 

However, providing professional photos for your site advertising, with her as the model, avoids that issue. And is a really good incentive for joining you, if they get good advertising and pro pics and a good booking manager. In regards to being a good employer, I'd suggest keep the nickel and diming fining to a bare minimum. No sp is going to appreciate coming in, getting 2 one hour appts, and ending up with 50 bucks to show for her efforts, due to having to pay for this, that and the other things.

 

 

I also think they might have non disclosure agreements in them, because I can say to this day I've never once seen anyone thoroughly talk about their work with an agency, the contract, their cut, and their experiences there.

[Ashley Ann 75247]

Way back , I worked for all the agencies in ottawa that were in business at that time.

 

All of the contracts that I signed were basically to say that I would not exchange money for sex...funny huh..because yes-I signed them all. I was 18 & 19 at the time so, all I really wanted was to be able to work for them ;) Was not as easy as it is today to be independent.

 

They were also to indicate that you would not do, sell or trade drugs for services.

 

One of the agencies I worked for was called CHARLIES ANGELS ( which at the time also owned 95% of the yellow page ads) and IMHO, was the very best one at that time. Not only was it run by a woman who totally had her shit together-but she was seriously business oriented to the highest degree, and who also had other businesses to run aside from the escort service. She was a true professional.

 

Her contract indicated the legal aspects and also indicated that by being her employee you had to work a particular schedule which was a minimum of five 8hr shifts a week. And you also had to work 2 saturday evenings per month.

[cyclo 30131]

In this thread it looks like you're getting contract advice based upon two different business models/relationships. After reviewing all of the advice I'd suggest you put it aside for a day or two and then write a simple clear statement for yourself, your lawyer and associates describing your business model. This will provide the lawyer with very clear direction when they are drafting the document. Without a clear idea and articulation of your business model it's very easy to start mixing and matching things that don't belong together. Kind of throwing everything into it just to be comprehensive. Each business model defines the business relationship between you and your associates differently and will likely have an affect upon how you interact at times. Here are the two basic business models I see.

 

1) You are the employer and have an employer/employee relationship. You specify the conditions of employment (hours, fees, wages, attendance, behaviour, benefits etc). Your employees represent your agency/brand and you define the conditions of work accordingly to build and protect your brand.

 

2) Alternatively, the women are self employed and they contract you to provide services (marketing, booking, possibly access to an in service location provided by you etc). The marketing can be under one brand for all of the women you represent or alternatively they are each responsible for their own brand.

 

I get the sense that you are very close to the women you work with. Business and friendship can be a difficult balancing act. Obviously you are trying to maintain healthy personal and business relationships. Entering into a formal contractual arrangement is a good way to avoid conflict and confusion about roles, responsibilities and liabilities. As I mentioned earlier, defining the relationship through a clear idea of your business model/relationship is the first step and a prerequisite to drafting a contract. It's also a conversation you should have with the women you work with. If you can agree on what your business relationship is, in simple english before a lawyer gets involved with the necessary legalese, you will all be better off.

 

I hope this helps. I can't offer specific advice, but business is business so the same principles apply.

[Studio 110 by Sophia 150333]

I think some agency contracts may have references to fines, if the sp is missing shifts, or doesn't give proper notice to cancel a shift. I don't know for sure, but I do think that they do or can get fined, or nickel and dimed for a variety of expenses.

 

Also some agencies build in a signing bonus, as in they offer the sp a certain amount if they sign on with them, which I imagine is not paid out in full until a certain amount of time has passed.

 

Legally, unless you take the pictures yourself and then have them sign a release, you can't own their photos if they supply them. You can contract in that you are allowed to use them on your site, and that is to protect you but legally copyright is owned automatically by the person who took the picture or in the case of work for hire, the one who paid the photographer. I would stick to not trying to control the photos if the sp supplies them, and you can't control where else she chooses to use them.

 

However, providing professional photos for your site advertising, with her as the model, avoids that issue. And is a really good incentive for joining you, if they get good advertising and pro pics and a good booking manager. In regards to being a good employer, I'd suggest keep the nickel and diming fining to a bare minimum. No sp is going to appreciate coming in, getting 2 one hour appts, and ending up with 50 bucks to show for her efforts, due to having to pay for this, that and the other things.

 

 

I also think they might have non disclosure agreements in them, because I can say to this day I've never once seen anyone thoroughly talk about their work with an agency, the contract, their cut, and their experiences there.

 

 

No I have never issued fines, nor plan to, I also do the photography or pay my own professional photographer. I have worked for agencies like the ones you speak of, in the past, and I never agreed to that kind of treatment. I simply go with " if want to make the cash be here, if you are always standing up your clients, then you will not work with me any longer" It is up to them if they want to work and when. But just as any job, if you dont show up, you dont get to make money... and if the business makes no money then no point of you being here. I have no hard core rules other than show up no less than 30 min early to appt, no drugs, clean appearance. But this is not in contract, this is verbally done.

I will never nicke and dime, like some agencies made you pay 5.00 a day for tissue paper, lol...I pay for the maintenance of the location and all the bills associated with that, I do laundry, clean, advertise and screen clients, also build your picture portfolio, this is what I am paid for...The lady is their own boss. The ladies make 3 times the amount per call then the business does. I think that how it should be, the business should not make equal to...or more than the lady who is working.

What I get paid is to maintain the business. My profits are shown from my own work that I do for spa treatments only. I do not do 50 or 60% of their fee. I have a flat fee, and from that they can choose what rate they want to charge.

[Meaghan McLeod 179664]

No I have never issued fines' date=' nor plan to, I also do the photography or pay my own professional photographer. I have worked for agencies like the ones you speak of, in the past, and I never agreed to that kind of treatment. I simply go with " if want to make the cash be here, if you are always standing up your clients, then you will not work with me any longer" It is up to them if they want to work and when. But just as any job, if you dont show up, you dont get to make money... and if the business makes no money then no point of you being here. I have no hard core rules other than show up no less than 30 min early to appt, no drugs, clean appearance. But this is not in contract, this is verbally done.

I will never nicke and dime, like some agencies made you pay 5.00 a day for tissue paper, lol...I pay for the maintenance of the location and all the bills associated with that, I do laundry, clean, advertise and screen clients, also build your picture portfolio, this is what I am paid for...The lady is their own boss. The ladies make 3 times the amount per call then the business does. I think that how it should be, the business should not make equal to...or more than the lady who is working.

What I get paid is to maintain the business. My profits are shown from my own work that I do for spa treatments only. I do not do 50 or 60% of their fee. I have a flat fee, and from that they can choose what rate they want to charge.[/quote']

 

Wow, can I work for you? Wish I did when I was out there.....You are doing a good thing. Keep it up!