Under Investigation: The inside story of the Florida Attorney General’s investigation of Wilhelmina Scouting Network, the largest model and talent scam in America.

ISBN-0968713335 Paperback 512 pages $29.95

Under Investigation by Les Henderson
 
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Modeling Scams


OTM (On Track Modeling) aka AMG (Alpha Model Group)


To Whom It May Concern:

Right now I am signed with OTM, and, wow, I never knew there were so many complaints against them.

I signed with them in June of 2001. And I didn't recall until I came to this site, that yes, they did pressure me to use their photographer... saying we had to have a "high fashion" photographer, and then showed us a bunch of comp cards that they considered "useless."

The photoshoot was right at the hotel, and, yes, as many have said, the photos turned out horrible.

I paid $599 for the shoot and another $200 for the composite cards. I was okay with paying for the shoot, since I did sign a contract with them, but the quality was poor, and like many others who wrote, I have done only promotional work.

(They did say at the audition that we would get mostly promotional work, but not to view it as a bad thing, because it would give us exposure.)

Fortunately, I did enough work to pay off the shoot and comp cards, but I haven't done anything since then.

And, yes, on some jobs I wasn't paid till almost a year later. We were informed that it would be that way, depending on how soon the client paid OTM. But it is difficult to not be paid for that long.

I am always keeping in contact with them to see if there is any work in my area. But there is hardly any work here in Milwaukee. They seem to like to use their local models more.

Plus I have an online comp card for which I am paying $19.95/month. I am going to cancel it, since I am now aware that agencies shouldn't be charging for their models' exposure.

Another thing I'd like to point out is that those agencies, such as OTM, like to make it look as if they are legitimate by giving you a list of things to avoid, such as those that ask for a fee up front, or modeling schools.

They even tell you to check their agency with the BBB.

So they make it sound like they are such "good citizens," yet if it is true that they are getting part of the money that is for the photographer, that is exactly what they themselves are doing!

They are getting paid before you even get work... and legit. agencies should only be paid a percentage when you GET work!

I just wanted to point out that just because agencies seem like they are trying to "help" you avoid scams, doesn't mean they aren't one themselves.

Now I have an exclusive contract with "The Agency"; I guess it is kind of a sister agency to OTM.

I am wondering if there is any way to get out of the contract.

In February I got a call from a scout from The Agency saying that they really think they could get me a lot of work, and that they would like to do a photo shoot with me in Charlotte, NC.

She said that if I could find a way down there, I wouldn't have to pay for anything, and that they would have a place for us to stay.

I asked several times to make sure we wouldn't be paying anything, since my husband and I are pretty poor.

She said after I asked her several times, "We won't ask you to pay for anything up front." (That should have given it away to me.)

We coudn't really even afford to travel that far, but since the shoot was supposed to be "free," we decided to go.

When we arrived, we found that because my husband came along, we weren't allowed to stay at the home they were providing for the models who came out.

On the phone I was told my husband could come! So, we ended up paying for a hotel. Then, we find out that the photo shoot and composite card would be $675!!

The president told us not to worry about it, that they would take it out of the money I would get from the clients when I got work.

About a month after the shoot, we got a bill from them in the mail expecting us to send them the full $675 if I wanted representation!!!

I wrote them a letter expressing my frustration about the fact that they lied to me, and that because of our financial situation, we couldn't afford to make that payment.

I also said that I was told they would take the money out of what I made from work, and that I expect it to happen as it was told to me.

The booker I keep in contact with said that she would hold off on the payment and give the letter to the president.

I still haven't heard from them.

Right now, I have an exclusive contract with them for two years, and I really don't want to be stuck with an agency that is not going to be getting me any work.

They send a newsletter every month, and recently we were told that we need to check in every week and send in six polaroids of ourselves every month so they can keep their clients updated.

Do most agencies ask for something similar?

I haven't been able to afford a Polaroid camera, so I haven't been able to send them in, which may account for some of the reason for not getting any work.

I also have braces, which I know will limit my work for a while, but they should come off in spring, and they told me it didn't matter, "just don't smile."

Some of these scams are very easy to fall into. I thought I knew a lot about what to avoid. I have been able to avoid a lot, but unfortunately, I fell for some things too.

Right now, I have been working with some quality photographers on a TFP (time for print) basis, and have been getting some nice photos for my portfolio.

My husband works in the printing industry. With the photos from the photographers and my husband's background in design and printing, we have been able to make comp cards a lot better looking than the ones I have received from the agencies I am signed with. So, we will see what happens...

If there is any advice you could give with regard to The Agency, I sure would appreciate it.

Thank you for this site. I am going to forward it to some of my friends who are trying to get their children into modeling, etc.

Sincerely,


Why does the issue of photos always come up in discussions about OTM?

You said: "The photos turned out horrible."

This is not so much about your experience as the experience of others, because you basically accepted their photos ("I was okay with paying for the shoot"), and I am not here to take OTM's side, but I am going to make one point which no model has made which needs to be made.

Models are ripping on the photos, complaining about the quality, blaming OTM. But is the photographer on staff at OTM or not? The only photographer mentioned by name so far does not appear to be an employee of OTM. Therefore should models not complain to the photographer?

OTM has to accept some responsibility for the photos, especially if they make money off them, and they do, according to one model and their president, but first and foremost this issue has to be taken to the photographer.

If you are presented with promotional material including examples of comp cards, and you find them to be satisfactory, but then the pictures the photographer takes you find to be unsatisfactory, i.e. not at the level of the sample cards you were shown, you should complain to OTM about the advertising and complain to the photographer about the image quality.

Now as a model you really don't want to be cutting a check for photography and giving it to an agency. You really should be dealing directly with the photographer to avoid giving an agency the opportunity to mark up photography prices. Or at the very least, please ask the photographer for their rates, so you can know if the agency is trying to make money from the photography.

You have to get the name and website address of the photographer who is going to take your pictures. Do not just go with "our photographer" when OTM says they are the best on the east coast. If you get the name and website address, and even a photo studio street address, you can deal with the photographer after the pictures are taken. Don't just settle with dealing with OTM.

For example, in the case of the last photographer mentioned, she has a website address and an email address on the site. If she were to take your pictures, but you were not satisfied, you can deal with her. You could at least email her.

You said: "On some jobs I wasn't paid till almost a year later."

That is not right. It is not fair and it is not right. It is not normal in the modeling industry or in promotional "modeling." It sounds like Communist Russia.

Either one or two parties is to blame. It is either OTM or OTM's clients. Which is it? OTM has claimed it is their clients. Really? Why not call the clients and ask if they paid? Ask them when they paid. Then you will know if OTM is holding out on you.

Quite frankly, I would bet more than the amount the model was expecting to be paid that the clients paid at least within three months.

Why do I believe that? For more than one reason: 1) the clients are not poor (at least one was a billion-dollar company); 2) the promotional jobs are not very expensive; and, 3) it is not normal for agencies to be paid a year later.

Agencies are just another business. Business is business. It doesn't matter what industry. Thirty days is standard.

You would have to wonder what type of clients OTM has if they pay a year later. Is OTM not able to find clients who pay in 30 days? Or are they unable to apply due pressure to get their clients to pay up on time?

OTM is the only agency for which this site has received complaints about late payments, and it is not just one person, at least a few models made the same complaint.

Is there a labor law which requires payment within a specific time frame?

To put this in context, because models appear to buy into it, without any reference point, in the state of Florida, for example, talent must be paid within days of the client making payment: Agencies must pay talent five days after receiving payment from the client.

All money collected by a talent agency from an employer for the benefit of an artist shall be paid to the artist, less the talent agency's fee, within 5 business days after the receipt of such money by the talent agency. No talent agency is required to pay money to an artist until the talent agency receives payment from the employer or buyer (Florida Statute 468.406).

Call several reputable agencies and ask them how soon they get paid by the clients and how soon the models are paid. And if you are serious about signing up with OTM, by all means ask them before you sign up and pay for photos what is the latest you will receive payment for promotional modeling jobs.

What really must be frustrating for models is signing up with a company paying up front fees, getting low quality pictures, getting very little work, at very low wages, and then to top it all off... getting paid a year later. That sucks!

You wrote: "Like many others who wrote, I have done only promotional work." If you have only done promotional work and the others have only done promotional work (I don't recall anyone saying they did anything besides promotional work), why must the photographer be a high fashion photographer, or even a fashion photographer?

("They did pressure me to use their photographer... saying we had to have a "high fashion" photgrapher.")

Ironically, Joel Wilkenfeld, President of top New York model agency Next Model Management, which does have high fashion models, who do get high fashion modeling jobs, said photos for new models should cost no more than $300.

A legitimate agency does not charge money to be a model. You may pay for some test pictures, but it won't be more than $300 for the entire shoot and everything.

You said: "Right now, I have an exclusive contract with them for two years, and I really don't want to be stuck with an agency that is not going to be getting me any work."

If you don't believe they are going to get you any work, would it hurt to ask them to void the contract? What is the worst that could happen? They keep you from getting work? How is that different from what you were expecting?

An exclusive contract seems to help the agencies more than the models, because it prevents competition with other agencies.

But it only helps the agency when it is getting the model work. If they are not getting you work, what have they got to lose from voiding the contract? It would appear you both are in a similar situation in that you both have nothing to lose.

Every exclusive model contract really should have a clause which gives the model an option to renegotiate or cancel the contract if the agency has not found the model work by a set period of time from the date it is signed. That is fair business. It keeps the model from getting stuck in a dead-end business relationship.

For instance, say you sign a two-year exclusive contract. If the agency has not found you work within 6 months or 12 months, you can either terminate the contract or the exclusive part is removed, i.e. no longer applies.

So you would still be able to get work through the agency (if they found it), but you can also get additional representation with other agencies, so they can try to get you work, too.

In smaller markets models should seek non-exclusive representation from multiple agencies. There is so little work, if you are only represented by one, you may never get any work.

It is very important to take contracts seriously, but they are not cast in stone; they can be renegotiated or cancelled.

Usually models try to get out of model contracts when another agency is courting them, and/or they feel they could earn more money through another agency.

Many years ago, John Casablancas lured many models away from their agency because they felt he would get them much higher earnings. He did, but of course it really upset the agencies as you can imagine.

If you cannot come to an agreement with your agency, and decide to break the contract, it could return to haunt you, if the word gets out. Other agencies will wonder if you will break your contract with them and choose not to sign you.

Your options are basically three: 1) wait out the contract, 2) renegotiate the contract or ask to end it, and, 3) break the contract and sign elsewhere.

Read the entire contract again and see if it has any provisions which will allow you to exit. If there are none, you could ask to sit down or speak with your agent.

State the facts. Tell them you have not earned anything through them; and they have not earned anything through you. If there is nothing clear in the immediate future as far as work, which will benefit you and them, you can ask them if the contract can be voided.

Unless agencies are going to be fighting over a model, there is no point in the model signing an exclusive contract. Always demand from the agency why they want the contract to be exclusive. Make sure you get a solid answer before you sign. "We are sure we can get you a lot of work," as your story shows, is not really a solid answer.

If an agency has upfront fees for photos, and they want the money before the model works, the model could get the impression and feel pressured to pay upfront fees for photos in order to get any work —especially if the contract is exclusive! There you have a possible reason for an agency wanting an exclusive contract.

Redacted Info


I will keep your advice in mind about the two-year exclusive contract. I will wait for a while after I get my braces off, and if they still don't get me work despite me keeping my portfolio with them updated, I may consider trying to get out of the contract.

Thanks for bringing out that they aren't really being benefited, either. I didn't think about that.

I am a bit wary of the possibility that breaking the contract could give me a bad reputation, but I guess I will just have to feel this one out.

Thanks for the suggestions.

Sincerely,


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