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Any attorneys here ??
I have a friend who is a webmaster. He has models who signed a release form 7 yrs ago and are now denying they ever signed the contract. He showed me the ORIGINAL contract /model waiver.
They the models are demanding to be taken off the website Anybody know of any affordable lawyers to hire for a case like this ?? Please advice Thanks |
is "that friend" yourself
why u need a lawyer? if u have the model releases u r fine |
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Send the "models" a copy of the paperwork they signed and forget about it.
Tell him to start video recording the models as they sign the release. Then in the future when models get a serious boyfriend and make the same demand he can send a copy of the release and the signing. Not a lawyer but just my :2 cents: . |
did you get the letter from the model? or model's lawyer?
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do you have a termination clause? does it say forever on it? lol
?The fact that there is no time limit to the agreement does not detract from its clarity or its commercial effectiveness given that the court, in contract interpretation, often implies a reasonable time period for a contract to be in force.?' The Contract Without an Expiry Date | Edilex |
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he is claiming that the models never signed the document.. |
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The webmaster needs to tell them to kick rocks. |
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Did you pay her by check or some other documented instrument (wire, paypal) 7 years ago?
Was the payment made to her name? Never pay a contract off in cash -- leave a paper trail of some sort. If the contract was forged why did she take the money? |
what you need man?
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:1orglaugh:1orglaugh:1orglaugh |
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I would ignore any random emails.
If they sue you, then show up to Court and present the documents. If they subpoena the documents then you have to provide them. Other than that. Ignore it. If you need legal help you can shoot me an email chris at parientelaw dot com I'll warn you tho. We aren't the cheapest in town :) |
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wtf, if they never signed an agreement, why's he using the content!!! :2 cents: |
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Learn to read, it says that the lawyer, now representing the model, claims the documents were never signed. |
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Well you have certainly changed :thumbsup Moved from the ring to the bar huh :1orglaugh :thumbsup |
It's not his responsibility to provide models with copies unless requested to do so by the Courts. Remember he is not the one saying they didn't sign.
Opposing counsel could easily subpoena the files and he will have to turn them over or show up and give a good reason as to why he did not turn them over. This is not legal advise but my position would be to make them work. I haven't seen your model release but ill assume it's fairly strong. Hookers grow up and "come to jesus" all the time.. They meet boyfriends who want content down blah blah blah... Hookers are all over the place, on drugs, Etc.. etc.. He can't be expected to supply a hooker a copy of her release every time she moves from weekly to another weekly. His duty is only when subpoena is properly served will he have to provide anything. |
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You got an email notice from an attorney? Mark it as spam and carry on
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hey man, pm . fuck legal shit
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And I'm not searching for business on GFY! We are based in Vegas... It's like whore valley only for criminals |
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She's on video, Contract signed same day video was shot. Tuff to say " hey I never signed that" I mean it's plausible but very tough to argue. I bet I can tell you how this is going down. She is blowing an attorney, complains to him about this, he says oh ill fire off an email and he will balk. Again... Mark as spam..... Only way he can touch you is subpoena |
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Still a favorite pass time of mine :)
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This crap happens all the time.
1- Ignore it, or if you decide to answer, simply sate that the model release and Id on file match her, end of story. 2- He may demand to see the documents. Inform him that they are private information and ever leave your office. 3- He may threaten to sue and act tough. Inform him that its fine, and as a courtesy remind him that lawyers filing frivolous suits could be liable for your court costs, attorney's fees, and sanctions set by the court. 4- If, and only if, he sues you don't have to produce any documents until the legal discovery process starts. Thats months after the suit is filed. 5- If your do have the documents, and hopefully ID, your lawyer will file for summary judgement. Basically, saying the case is silly Mr. judge, no need for a trial, etc. In between all that - if they actually file - there are all sorts of steps to wipe things out. Motion to dismiss, lack of jurisdiction, etc. All of this answer depends on your story being true: She was shot, she signed release, 2257 was followed if applicable, etc. |
This happens...he is betting you dont have the releases...its odd too because this should likely just be small claims court...send him a copy of the releases, chances are that will be the last you gear of it actually I missed Jimmys response he pretty much nails it
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:1orglaugh:1orglaugh:1orglaugh |
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highly recommend this poster and firm now. serious :) |
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:thumbsup:1orglaugh |
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the entire thing comes down to nerves, and being in this biz a letter from an attorney is like a letter from AAA trying to sell you life insurance-- recycle. ds |
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I know the attorney knows fully well they signed the documents; he saw a copy in court. I think the issue here is that they just want to "drag" this out in court and Bleed me financially. I would file the papers myself but since i have a corporation, I cannot defend this myself, and I have to hire a lawyer to do it. Can I sue them myself while the case in ongoing ? maybe in small claims court. Its frustrating that I have an iron clad release form that a model signed and i still have to deal with the whole ordeal. CAn I separate myself from the company and sue them myself ? |
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interesting that brassmonkey is now not speaking in unintelligible, broken english and is magically using correct grammar and punctuation..... AND giving legal advice.
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Sue them for what? Ignore all emails. The only thing you can't ignore is a subpoena from the Courts. And at the end of the day this is all civil. Let's say she wins a Court case... So what... That's why they sue the LLC and not you. These cases do no make it far bro. |
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I did misread the post though... so in this case, if all model releases were signed, the thread was answered on the second & fourth post Quote:
I'd always photo the model holding the signed model release also :2 cents: |
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This + the moment you start filming the signing of the contract ask them for a permission to shoot that part and a permission to use that footage for third parties - advice from my lawyer, because otherwise it would not be usable as a proof in court since you shoot the particular act before signing the papers where she gives you the actual permission. |
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