Based on the contract, I am an independent contractor. The agency has not sent me to any casting or gotten me any work for a year. The contract length is 2-year with auto-renewal and termination clause that gives me a small window before the renewal to act (but they can do so at any time). There is a section which states that they do not promise work, but by doing nothing, they are limiting my ability to go independent and/or with another agency that can get me work. I understand that Washington is mostly an at-will State, but that does not necessarily covers independent contractors. It does not seem right that this agency can force my income to be zero by doing nothing. I owe them no monies.
Is there a way to get out of this contract, based on non-performance on their part?
The only way to know is by hiring a local contract lawyer and getting more facts. The basic rule is that you are bound to the terms of the contract. There is a question of good faith and other possible issues that could be useful, but that is impossible to know without closer review. Moreover, the agency will take the issue considerably more seriously if you have an attorney forcing the issue. Good luck and, obviously, never sign another contract without legal advice.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
Elder Law Attorney
I agree with the other attorney, but just to give you a bit more perspective on what an attorney that you consult with would want to know: (a) has the agency sent you any leads whatsoever? If so, your case weakens considerably, unless you can demonstrate that the leads were completely incompatible with your profile; (b) have you rejected any opportunities, at all? If so, your case is weaker. Even if you had a serious illness, a funeral, etc. you cannot say that they made no effort whatsoever if it just happened to be inconvenient for you. (c) Have you been asking them for work, reminding them you exist, sending them updated photos, etc.? If so, have they answered? What did they say? (d) Have you been offered other opportunities that you had to decline? All of this, in addition to having a copy of the contract, plus all emails, text messages, and other communications will be relevant to an attorney's assessment of whether best efforts by the agency were required, and whether they were made. Did you pay them any money to obtain your listing with them? If so, and they have not performed, then you probably can demand release from the contract and maybe even a refund of your money.
Without knowing all of the details, reviewing documents, and interviewing witnesses, no person should assume that this Answer constitutes specific legal advice for any specific legal situation. No attorney-client relationship is created by posting general legal responses on this site.
I agree with the other attorneys. It is a fact intensive analysis and unless you can simply call them and they release you, you would need an attorney to review the agreement.
My disclaimer is simply that Avvo already has an adequate disclaimer.
Chapter 13 Bankruptcy Attorney
I would have to read the individual contract to tell you for certain. But, it sounds like the answer is "no". No guarantees or warranties were made regarding employment. You would probably have to prove they did not use reasonable efforts to find employment for you. In my own experience, most agencies will release you from your contract if you have not been employed through them because, quite frankly, you are not making any money for them and as such are not helping their bottom line. You should take your contract to an attorney in your jurisdiction. The language of the contract is binding and, unless it is grossly overreaching, will govern this situation.