You may have been contacted by an agency, or two, on being represented by them for your content creation work. After all, there is a lot of value in your work and other people are noticing it. A number of influencers, models or other creatives who contact us want to discuss a contract they have received from an agency. One question they often ask is if they would be tied to that one agency or can they work with other agencies?
Exclusivity in a contract
As we are lawyers, we need to discuss this from a legal perspective. If the contract sent to you by an agency includes an “Exclusivity Clause”, then they want you to be bound to them. This could restrict you to working exclusively with them within a country or a region, but the clause itself will explain all that in clear terms.
Sometimes you would come across models who are being represented by different agencies in different countries, and that is very common. Most agencies are focused on one specific country, however they may want exclusivity to deal with all your brand deals and sponsorships.
So, you can have different agencies in different countries, or you can negotiate to not have exclusivity with an agency.
Negotiating exclusivity in a contract
If you have received a contract from an agency, and it doesn’t have any exclusivity clause, then you should clarify exclusivity with the agency so there are no issues. If there is an exclusivity clause, then you need to find out if it can be negotiated or removed altogether. This is something we can assist you with, but it also depends on your bargaining power. The more clout you have, the more power you have to negotiate terms.
Contact our team to discuss if you have received a contract, and if you would like to discuss exclusivity. We will talk about how we can help you.
