Long story short, she is not happy with her agency, She consulted with a free attorney (1st visit free) and they drafted a letter for her to give them asking to be released from the contract. The response was they were not releasing her giving several reasons why she was in violation of the contract. It appears more an issue of spite than that they truely want her as part of their team. What can we do?
That depends on the language of the contract, and I'm afraid you're going to have a hire a lawyer to demand that your daughter be released from her contract. If the agency thinks your serious, they'll probably give up, especially if you're right and they don't really want to retain her as a client.
If she's not making them money, it doesn't really make sense that they'd fight to keep a non-money-making unhappy client. If she is making them money, it would make more sense that they'd be unwilling to release her.
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Trademark Application Attorney
As Counselor Koslyn has suggested, there is no magic rule to get out of a contract. In fact it is often difficult. But it depends on finding facts and contract language, and perhaps a soupcon of contract law that makes it possible. That cannot result from the superficial review of facts done on this forum, but in a confidential conversation. So, if the problem is vexing enough then your daughter will find the money to engage an attorney. There are attorneys in entertainment one can find in your area via AVVO.
Licensed in Maryland with offices in Maryland and Oregon. Information here is general, does not create a lawyer-client relationship, and is not a substitute for consulting with an experienced attorney on the specifics of your situation.
I agree with my colleagues. Your daughter's situation is unfortunately common in this industry. Your daughter will need to retain entertainment counsel to review the agreement and give legal options..
The previous answers are likely correct....that you will need to hire a lawyer to assist you in this matter.
The good news is that unless your daughter is making money for this agency (or will likely make money for them in the future), if they believe you are serious in taking legal action, you have a good chance of terminating the contract.
Even if they aren't willing to let her walk away entirely, they still may be open to some type of buyout or similar arrangement based on future earnings.
Hope this helps.