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Defaulted Contract?

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lgstraight

Junior Member
What is the name of your state?What is the name of your state? Washington

In 1999, my husband and I signed a contract with a “modeling agency” for our children ages 7 and 13. The total was for $1745 which included a professional photo shoot, Marketing Cards that would be produced from the photos, as well as the agency’s professional marketing services. We were to make payments until the completion of the photo shoot and when the agency received the photos from the photographer, the remaining amount was due. Once the contract was paid in full, the agency would then order the marketing cards and begin looking for modeling jobs for the children. We had paid $500 when the photo shoot was complete. The agency called us to let us know they had the photos. That was the last time we heard from the agency. My husband and I then began having personal issues and divorced shortly thereafter forgetting all about the modeling agency.

I recently received a letter from a collection agency stating that I was in default of a contract with the above mentioned modeling agency and now owed the balance as well as over $1000 in collection fees. I had never received a phone call, letter, etc. from the agency until this week. I negotiated with the collector to waive all of the fees and pay only the balance owing of $1245.

After going through my records and finally finding the contract we had signed with the modeling agency, I decided to call them to try and negotiate the total down even further. I offered to pay for the photo shoot and photos and then call it even – explaining that they would not have to produce the marketing cards nor would they be obligated to market the kids. The modeling agency said that since we had defaulted on the contract, they were NOT obligated to produce the Cards or market the kids since 6 years had passed and the kids no longer resembled the photos taken in 1999.

Is it true that I am obligated to pay the balance yet the so-called modeling agency is not obligated to hold up their end of the contract?
 



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