Studios and non-compete clauses

[barman07]

I dont know if this is beyond the reach of these forums, but I thought I would give it a shot.

I can understand if people would also be leery of responding, especially since this is my first post, but I'd appreciate any info.

I know most models are independent workers, but there are a few out there (in the US even) that actually work for studios.

I have become a fan of a few models at one particular studio, and have become close friends with a particular model there. When they signed their contract, they all signed a clause that forbids them from working on ANY camsite. In essence, this puts them out of work for quite a long time, if they quit or are terminated. I briefly spoke to an attorney friend of mine about the situation, but since he doesn't have a license to practice in the studio's state, the information is just advice of his brief knowledge of law and I guess what he found on LexisNexis.

The basic gist I got was the clause sounds way too broad and extreme and the courts probably won't uphold it.

I was just wondering if anyone had any advice or information that I can forward on. I tried getting the girls to register here, but for reasons unbeknown to me, they haven't yet.

I have held back posting about this for a while, but actions over the past few days have made me change my mind about it.

 

[EllaXoXo]

Send me a PM if you want to chat with a former studio model. I don't really want to share it on a public forum, but I'll take the chance that you're a decent guy and will share what I can privately (and I'm posting this here b/c I'm totally going to use this against you if you turn mean! ).

 

[Sevrin]

Some sites have agreements with studios not to work with models for a given period after they leave the studio. Models come and go, but established studios provide a steady workforce to sites, and some sites respect that. MFC does not appear to be one of those sites, as some models, e.g., GoldenLady/CrazySysy, have quit their studios and returned immediately as independents.

What your friend should do depends entirely on her specific circumstances. Good luck to her.

 

[Jupiter551]

I know an American model who left her studio and continued to work on MFC, had to make a new account and change her name tho.

 

[Sevrin]

I know an American model who left her studio and continued to work on MFC, had to make a new account and change her name tho.

That's because it wasn't her account, but the studio's.

 

[FasterMike]

Sadly, I know way too much about this subject. Non-competes are not generally loved by any courts. Although the specifics vary from state to state, in general a non-compete must have reasonable limits as to scope and time. A non-compete that said you can't cam at mfc for 6 months would have an infinitely better chance of winning than one that said you can't cam anywhere for 6 years. In general if a non-compete is too broad, the courts will throw the entire agreement out. In some states, like California, they basically aren't allowed at all, unless you are an owner of a company.

 

[barman07]

Thanks for the responses people.

I absolutely abhor the way some studio's treat their models, and getting to know this one I'm talking about I have learned of some of the horrors she and the other models deal with. I think she is in a better situation now that she isn't at the studio anymore and would love to continue working. She is just worried about any legal issues if she would have to deal with if she were to start again.

If you happen to know the model I'm talking about, or the girls at the studio, I guess I could have been a little more discrete for their sake. Although the evil owners are still making money, I hope you all still continue to appreciate their models. They are still trying to make a living as well.

 

[NickT]

What are the details of the non-compete clause?

The worse case is that she wouldn't be able to cam with the same site for some period of months. She should not be prohibited from camming at a different site during that time. So if she's with MFC now, she could sign up for Streammate until that period is over.

 

[barman07]

What are the details of the non-compete clause?

The worse case is that she wouldn't be able to cam with the same site for some period of months. She should not be prohibited from camming at a different site during that time. So if she's with MFC now, she could sign up for Streammate until that period is over.

I don't have a copy of her contract, but what I have been told is that it says she can't work for ANY cam site. She didn't even have a copy of her contract until last week. I asked her for a black bar copy of the contract but she has been busy and dealing with personal issues.

 

[EllaXoXo]

I don't have a copy of her contract, but what I have been told is that it says she can't work for ANY cam site. She didn't even have a copy of her contract until last week. I asked her for a black bar copy of the contract but she has been busy and dealing with personal issues.

Yeah, they always say that. However, some do give a mile radius in which you cannot work... ie "no other cam companies within XX miles for XX time." Since the cam companies aren't right next to each other, she might be able to play on that (ie their headquarters aren't within XX miles of each other and I'm not working for another studio). She also can try the ol' "block EVERY state that her bosses could be in". Unless they work for MFC, chances are they won't see her.

 

[NickT]

I don't have a copy of her contract, but what I have been told is that it says she can't work for ANY cam site. She didn't even have a copy of her contract until last week. I asked her for a black bar copy of the contract but she has been busy and dealing with personal issues.

That is overly broad. A non-compete cannot prohibit you from working in your trained industry. You are entitled to make a living. A judge would throw that out. She should talk to a lawyer to be sure, but that is unenforceable.

Of course, anyone can sue anyone for anything. The cam company can still come after her, which means time and money spent on courts and lawyers, but she would come out on top.

The only way the studio would possibly have a case is if she went solo with the same site (e.g. MFC as a studio model to MFC as a solo model). The studio could argue that they helped her get the audience on MFC and she would take that same audience when she went solo. It's a crap argument because the studio is not going to get those same customers after she leaves, but they would have some footing. To be safe, she should work for some other cam site until the time limit expires. After that, she can work for whoever she wants.

 

[barman07]

So this evening, I log into MFC to find one of the model's that QUIT the studio online with a new name. I was stunned, as well as excited.

I wasn't on long before she went to group, and didn't want to bother her since I think it was her first day back. So there is some hope for my friend that got fired.

 

[Sevrin]

So this evening, I log into MFC to find one of the model's that QUIT the studio online with a new name. I was stunned, as well as excited.

I wasn't on long before she went to group, and didn't want to bother her since I think it was her first day back. So there is some hope for my friend that got fired.

She got fired? She can tell the studio to go and fuck themselves in that case. They can't fire someone and then expect them to find a new line of work or starve, no matter what they put in their contract. No court will enforce a clause like that in case of termination.

 

[luvsyou]

Sadly, I have way too much contract experience. You can write just about anything into a contract. That doesn't make it legal.

The earlier advice about non-competes is pretty much my experience. I doubt a court would hold up a non-compete for a cam model greater than 6 months.

Sometimes courts will uphold significantly longer non-competes, but these are usually for very senior executives.

I would doubt after 6 months the studio would do anything if they are smart.

 

[barman07]

I couldn't be happier today. The evil studio is now down four models and they are all coming back to MFC under new identities.