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modeling and acting school

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troutboy

Junior Member
What is the name of your state?california
We answered an ad for a talent search for our four year old daughter.After meeting with the "regional director" my daughter was invited to attend this supposedly very difficult to get into school.We signed a contract for $800 for a 20 week program.Soon after her classes began we started getting pressure from the director,and instructors about getting professional pictures taken so agents would be able to better see our child.We paid $150 for "professional Pictures",which look like something I could have done myself.Also the classes are teaching my daughter nothing that she needs.I checked on the internet and found that my complaints are extremely common about this school.I`ve also contacted S.A.G. approved talent agents who say my daughter needs no formal training at 4,and for sure does not need pictures.This school is a scam,and I`ve paid $400 of the $800 I owe.I`m going to tell the school to "pound sand" for the remaining balance.Is there anyway out of this contract?If not can I use the ploy of" I`m going to stand out in front of your school and hand out flyers to all prospective students telling them what I have found about your school"
 


What does you contract say? :confused:

I know it feels crappy to have been swindled but maybe you should have done a research of this school before making a contract with them.
 

JETX

Senior Member
troutboy said:
I checked on the internet and found that my complaints are extremely common about this school.I`ve also contacted S.A.G. approved talent agents who say my daughter needs no formal training at 4,and for sure does not need pictures.
Those are both things you should have checked out BEFORE you signed the contract.

Is there anyway out of this contract?
Of course, no one can answer your question without an actual 'read' of the contract, but very probably.... no.
They likely run into this issue of 'scam' and 'fraud' fairly often AFTER a parent has allowed themselves to be duped into signing... and probably have a pretty well written agreement. Your failure to abide by it will cause you to be in breach and, at the very least, subject you to numerous and aggressive collection actions. And could lead to a judgment against you.

If not can I use the ploy of" I`m going to stand out in front of your school and hand out flyers to all prospective students telling them what I have found about your school"
Of course you can do that.... and be subject to possible trespass issues.
 

troutboy

Junior Member
what it says

Yes I should have used my brain and checked before I signed.The pitch we got was all pie in the sky modeling or acting career guidance. The contract on the other hand states practically nothing.It says they will coach my daughter,but not in what or how,and it gives a list of the money owed,and a late payment charge.I`ve heard that contracts between consumers and businesses are not as concrete as between business to business. Will a judge look at something and say "yes he signed your contract,but you were very deceptive about what you were providing,and it seems like you are trying to rip people off.
thanks
 

JETX

Senior Member
troutboy said:
I`ve heard that contracts between consumers and businesses are not as concrete as between business to business.
You've 'heard' wrong.

Will a judge look at something and say "yes he signed your contract,but you were very deceptive about what you were providing,and it seems like you are trying to rip people off.
Could a court do that?? Yes. Is it likely?? Depends. If they were to sue you (unlikely), you could file a counterclaim and try to argue the validity of the contract. And though it is unlikely for them to sue you (and thereby get your chance to argue validity), it is pretty much certain that they will damage your credit history by reporting the debt and breach.
 
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troutboy

Junior Member
new info,quite long,sorry

We paid for pictures directly through the school.Th BBB classifies them as an advance fee school. excerpt from california law.
1701.12. An advance-fee talent service, or its agent or employee, may not do any of the following:
(a) Make, or cause to be made, any false, misleading, or deceptive advertisement or representation concerning the services the artist will receive or the costs the artist will incur.
(b) Publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement.
(c) Give an artist any false information or make any false promise or misrepresentation concerning any engagement or employment, or make any false or misleading verbal or written promise or guarantee of any job or employment to an artist.
(d) Make any false promise or representation, by choice of name or otherwise, that the advance-fee talent service is a talent agency or will procure or attempt to procure employment or engagements for the artist as an artist.
(e) Charge or attempt to charge, directly or indirectly, an artist for registering or listing the artist for employment in the entertainment industry or as a customer of the advance-fee talent service.
(f) Charge or attempt to charge, directly or indirectly, an artist for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, casting or talent brochures, or other promotional materials for the artist.
(g) Charge or attempt to charge, directly or indirectly, an artist for creating or providing costumes for the artist.
(h) Charge or attempt to charge, directly or indirectly, an artist for providing lessons, coaching, or similar training for the artist.
(i) Charge or attempt to charge, directly or indirectly, an artist for providing auditions for the artist.
(j) Refer an artist to any person who charges the artist a fee for the services described in subdivisions (e) to (i), inclusive, in which the advance-fee talent service has a direct or indirect financial interest.
(k) Accept any compensation for referring an artist to any person charging the artist a fee for the services described in subdivisions (e) to (i), inclusive.


1701.13. A person who willfully violates any provision of this chapter is guilty of a misdemeanor. Each violation is punishable by imprisonment in the county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. However, payment of restitution to an artist shall take precedence over the payment of a fine.


1701.15. The Attorney General, any district attorney, or any city attorney may institute an action for a violation of this chapter, including, but not limited to, an action to restrain and enjoin a violation.


1701.16. A person who is injured by any violation of this chapter or by the breach of a contract subject to this chapter may bring an action for recovery of damages or to restrain and enjoin a violation, or both. The amount awarded for damages for a violation of this chapter may be up to three times the damages actually incurred, but not less than the amount paid by the artist to the advance-fee talent service. When an advance-fee talent service refuses or is unwilling to pay damages awarded by a judgment that has become final, the judgment may be satisfied from the bond or deposit maintained by the Labor Commissioner. If the plaintiff prevails in an action under this chapter, the plaintiff shall be awarded reasonable attorney's fees and costs. If the court determines, by clear and convincing evidence, that the breach of contract or violation of this chapter was willful, the court, in its discretion, may award punitive damages in addition to any other amounts.


1701.17. The provisions
 

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