Any lawyers, law students or paralegals here, can you answer this question re: performance contract?

Question

I agreed to appear in an indie video. I had an agreement (via email) with the company who filmed it, that I would be paid $500 for being in the video. My original understanding was that this video would be sold as short film.

I went to the studio and they had me sign a release prior to making the video. I never got paid. I called the company and they said that, since I failed to perform the scenes as indicated in the contract/release, I violated the contract. (I didn't film one of the action scenes because another actor didn't show up at the set)

They also told me that they decided not to try and sell this as part of a short film, and they are just going to scrap the footage instead. I then re-read the release that they had me sign and it was different from the previous agreement mentioned via email. The one I signed said this is for a non-commercial project and that I was doing it without pay. And that it supercedes any previous contract, written or verbal.

Am I screwed?

Answer 1

On a practical level, yes, you're screwed, and, parenthetically, I'd add, it shows the peril of working on a non-union video shoot.

On a theoretical level, however, no, you're not screwed. If they sent you one release and then put another one in front of you to sign, they've arguably committed fraud, something buttressed by their initial statement that they had not paid you because one scene was not completed.

Unfortunately, since the claim is so small, it's not worth hiring an attorney to pursue this - and, frankly, your chances of proving the claim yourself is slight. If this were a union-represented job, the union would make sure you got paid - but, working non-union, you don't have that protection.

Answer 2

AHHHHH - depends. Let me give you an excellent example - though the above answers are correct - you may have recourse. In Texas for instance - in the Amendments to the Texas Constitution - See:

Amendments to the 1845 "State of Texas" Constitution The Common Law of
Texas as Adopted and Perfected By Political Judgment on August 29, 1994
Amendments to the Constitution of Texas Dated December 29, 1845 and as
Encompassed by the Adopted Land Plan of The Davis Mountains and Big Bend
Historical District Dated August 27, 1994

Now notice above it was ratified in 1994 ... and under this Amendment is found - and read it closely:

10 . Any and all Contracts in Texas whether of public or private interest
shall contain full disclosure to all parties affected by such contract,
and these contracts shall be in a legible and understandable language, and
all parties signing shall also initial each disclosure as understood; this
affects all contracts now in full force and effect which are called into
contest.



You see where it said, "all parties signing shall also initial each disclosure as understood; "?

Your State should have something similar - and if you did NOT initial EACH DISCLOSURE AS UNDERSTOOD - and THEY DID NOT MAKE CERTAIN YOU DID ... then they would easily be found guilty of DECEPTIVE BUSINESS TRADE PRACTICES.

Using a copy of the Email Contract and then that you signed - showing that they rushed you to sign so YOU COULD GET DOWN TO FILMING ... you had no idea of what you signed and they had no intentions to tell you - as evidenced on the non-initialed statements.

Take them to small claims court.

Peace;

Aintmyfault
.

Answer 3

You may be, because of the reasons stated by the 1st 2 answerers.

However, their argument that you didn't perform may open them up to a claim under the original deal. (They appear to be ignoring the latter release).

It was not your fault that the other actor didn't show. Since the other actor's appearance was not within your control, and you were otherwise ready, willing & able to perform, that failure may not be held against you.

Answer 4

To add to what coragryph said, the second agreement would be legally binding even if the first was in writing. This is an example of why you should never sign anything without reading it first.

Answer 5

Pretty much, yes.

The second written agreement is what's binding.