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Threatened with legal action and a 5 year AW ban+pay 25% of my total gross earnings
#1
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Hi AW forum, I have worked on adultwork for 2 years now and joined a group, they have a lot of members and the group manager is very powerful, i want to leave but during desperate times I signed a contract, its long so pre sorries for posting it here. Basically I think it says I cant re-join AW after leaving and the time period is 5 years, if I do I have to pay 25%of my earnings to the group. I already pay commission and a daily fee of £10 so I think its too much.

Any body any experience with this? I dont want to put my name here as I have heard from other people when they create a new profile on AW she gets them banned and shows AW the contract. Am I completely stuck in the group forever? Its puttin untold stress into my already stressful life, I feel like im being taken advantage of with no way out if I want to keep a roof over my head and at my age I with current climate I wont easily get another job.

I have included the attachment contract too. Sorry again its so so long, im not legally minded, just reading it is very stressful.

I have removed the name of the group and my signatures etc while I try to get a new profile on AW or be released.

The contract:


Contract of Employment – AWGROUP NAME HEREThis employment contract dated ___ day of ______ ______ Between: AWGROUP NAME HERE and, Background: A.The employer is of the opinion that the employee is trained to acompetent standard, and has all necessary qualifications,experience and abilities to benefit the employer in businessB.The employer desires to employ the employee and the employeehas agreed to enter into such employment, in line with the termsand conditions set out in this agreement.IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this agreement, the receipt and sufficiency of which consideration is hereby acknowledged, and the relevant parties in agreement.
Particulars of employment 1.As required by the employment rights act 1996, s. 1, the particulars ofthe employee’s employment are set out in schedule one of thisagreement.Commencement date and term 2.Employment will commence on the date of contract agreement.3.There is no stipulated probationary period, however as permitted bylaw, the contract is subject to termination for the reason of grossmisconduct at any time.Job title and description 4.The job title afforded to the employee is as a freelance employee ofAWGROUP NAME HERE. The roles and responsibilities will have beenexplained to the employee in question at the time of contractsignature.The employee agrees to employment based on the terms outlined in this agreement. The employee agrees to be subject to general supervision if required and to act as pursuant to the orders, advice and direction of the employer. The employee agrees to abide by the Employer’s rules, regulations andpractices, including those concerning schedules, vacations and absence. Employee compensation 5.Compensation paid to the employee for the services rendered by theemployee as required by this agreement, and will consist of thefollowing formula;-Commission based on personal input and hours worked. £10 non- refundable fee payable to AWGROUP NAME HERE per date worked. ;Earnings under 30 credits £5 non-refundable. ;Earnings under 20 credits £2.50 non-refundable. 6.This compensation is made payable to the employee once paymentfor services rendered is cleared
7.The employee understands that this and any other payments madeto the employee are subject to normal laws of self-employmenttaxation, and as such will be subject to the rules and regulations inline with this8.The employee agrees to follow the lawful policies of the corporation.Pension As the hours are ADHOC, there is no pension scheme provided or implied. Place of work 9.Agreed with AWGROUP NAME HERE prior to contract completionPrimary hours of work 10.This contract is considered a zero hour, however hours worked aresubject to the employee’s own availability and discretion, as suchthey are to be discussed.Employee benefits and Holidays/sickness 11. The employee in question is subject to only those benefits andholiday/sickness allowances in line with the lawful provisions of azero hour contract.12. If the employee is unable to undertake the employee’s duties, theyare to inform the employer a minimum of two hours before shiftstart.13. During an absence, the employer isn’t liable for any sickness pay, inline with the social security contributions and benefits act 1992 andany successor legislation.Disciplinary procedure 14. The employers’ disciplinary procedure, amended as necessary,applies to the employee. The employer’s disciplinary procedure is setout by the employer and can be provided upon request as necessary.
15. This agreement and the Employer’s disciplinary procedure will beread and interpreted so as to avoid conflict, as far as reasonablypossible. Between this agreement and the disciplinary procedure, ifthere is true conflict between this and the disciplinary procedure, thiswill prevail.Grievance procedure 16.The employer’s grievance procedure, is outlined by the employerand available upon request.Duty to devote 17.The employee agrees to devote reasonable efforts to the role, thatis to undertake agreed hours in a professional and timely manner,and to represent AWGROUP NAME HERE to the best of the theirability and to a high standard.Conflict of interest 18. During the term of the employee’s active employment with theemployer, it is understood that any business relating to or similar tothe employer’s actual or reasonably anticipated businessopportunities (including self-investment opportunities) coming to theattention of the employee is therefore an opportunity for theemployer. Therefore the employee will advise the employer of anysuch opportunities and will not pursue the opportunity personally.19. During the term of active employment, the employee will not directlyor indirectly engage in or participate in any other business activitiesthat will could be deemed to conflict with the interests of serenitydiamonds LTD, without written consent to the employer.20. Termination of contract owing to conflicting re-employment will levya non-negotiable 25% of to-date earnings, falling by 5% every 6month period of the standard 24 month contract, to recompenseAWGROUP NAME HERE for costs to the date of termination.21. A period of 5 years after contract ending, a non-competition clause isactive that does not permit the employee to directly or indirectlycompete with the interests of AWGROUP NAME HERE.
22. Non-solicitation dictates that for a period of 5 years after contractend, the employee is not-entitled to induce or attempt to induce afellow serenity employee to leave, to interfere or disrupt theinterests of AWGROUP NAME HERE, discuss opportunities foralternative conflicting employment with employees of serenity or tohire away employees of AWGROUP NAME HERE.Confidential Information 23. The employee acknowledges that, in any position the employee mayhold, the employee may not share any information pertaining toAWGROUP NAME HERE, its partners, owners or subsidiaries. Thisinformation includes;-Information generally known by the employer-Information that is now or will subsequently become generalpublic knowledge-Information that was rightfully in the possession of the employeeprior to employee to employer disclosure, and;-Information independently created by the employee with orwithout direct use of confidential information.24. Any information that the company holds, may not be shared with anynon-employee of AWGROUP NAME HERE.Termination of employment 25. Where there is just cause for termination, the employer mayterminate the employee’s employment without notice as permittedby law.26. The employee and employer agree that the notice period to beserved should the employee wish to leave is 28 days.27. The notice period the employer has to provide should they requirereasonable contract termination is 7 days. In cases of grossmisconduct, termination is immediate as is stipulate by law.Notices 28. Any notices, deliveries, requests, demands or other communicationsrequired here will be deemed to be completed when hand-delivered,delivered by agent, or 7 days after being placed in the post to theparties following address.
Addendum Fees are due as part of employment with AWGROUP NAME HERE and subsidiaries. As such 5% of all earnings are owed to AWGROUP NAME HERE, and an additional 1% will be owed to any recruiters utilised to enable commencement of employment. Loans or subsidies issued to allow commencement of employment will be deducted at a rate of 25% of owed per month upto £1500 owed, dropping to 10% per month if owed more than £1500. This is non-negotiable as a flat fee. Modification of agreement 29.Any amendments or modifications required of this agreement to beagreed by all parties involved, and will only be binding if witnessed byeach signatured party, or partner of Serenity model agency LTD.Governing Law 30.This agreement will be construed in accordance with and governedby the laws of the country of England, the United Kingdom and all ofits member states.Definitions 31.Definitions to be provided upon request in the employee handbook.General provisions 32.Time is of the essence in this agreement33.Headings are inserted for convenience of the involved parties andare not for consideration when interpreting this agreement. Wordsin the singular mean and include the plural and vice versa. Words inthe masculine mean and include the feminine and vice versa.34.No Failure to delay by the employee to this agreement in exercisingany power, right or privilege provided in the agreement will operateas a waiver, nor will any single or partial exercise of such rights,powers or privileges preclude any further exercise of them or theexercise of any other right, power or privilege provided in thisagreement.
35.This agreement will inure to the benefit and be binding upon therespective heirs, executors, administrators, successors and assigns,as the case may be, of the employer and the employee.36.This agreement may be executed in counterparts, printed signaturesare considered original.37.This agreement is considered the binding document to be agreed bythe above parties.IN WITNESS WHEREOF the parties have duly affixed their signatures under hand and seal on this _ day of ______ _______ NAME AND DATE EMPLOYER Employer Name Address Phone No Email EMPLOYEE- Employee Name Address Phone No
Email
Declaration of Exclusivity – AWGROUP NAME HERE and subsidiaries.In relation to employee ____________________ This agreement entitles AWGROUP NAME HERE to full exclusivity rights pertaining to ____________________. By signing this agreement, I agree that, any affects relating to my self and pertaining specifically to Serenity diamonds, Diamondcams and all other subsidiaries of AWGROUP NAME HERE are wholly owned by AWGROUP NAME HERE and the use, distribution, sale or otherwise of these affects would breach the terms of this contract and any contract signed in relation to AWGROUP NAME HERE and wholly owned subsidiaries. I also acknowledge the requirement, should I be found in breach of this legally binding artefact, for AWGROUP NAME HERE and all subsidiaries to seek reparations for any loss of earnings brought owing to my failure to adhere to the T&C of this document. I also acknowledge the responsibility to safeguard this by using only pre-approved AWGROUP NAME HERE and subsidiaries branding in relation to any imagery, footage or otherwise created by or for myself. By signing below I hereby forfeit the right to use anything that could be considered intellectual property regarding myself in relation to AWGROUP NAME HERE and subsidaries. In return, I will receive payment as outlined in my employment contract. I will also make every effort to obey rules and regulations detailed both by my chosen role, and in no way hold AWGROUP NAME HERE responsible for any breaches of agreed conduct. Breaches of this, or any other agreed terms, may result in immediate termination of contract, I fully understand the responsibilities outlined as such I, ____________________ fully understand and agree to the above terms. (Serenity model agency LTD representative) Date (Participant) Date
Declaration of self-employment – AWGROUP NAME HEREIn relation to employee ____________________ This agreement releases AWGROUP NAME HERE from all liability relating to national insurance contributions and income tax taxable income accrued by ____________________. By signing this agreement, I agree to hold AWGROUP NAME HERE, Serenna Leigh Derosa and her partners entirely free from any liability pertaining to income tax, national insurance contributions and other taxable incomes relatable to AWGROUP NAME HERE. I hereby also agree to waive any liability to AWGROUP NAME HERE in regard to taxation. I understand that, as a self-employed member of AWGROUP NAME HERE and subsidiaries, that tax is deductible on GROSS PAY only, this excludes surcharges of 5% (0.05p per pound) payable to AWGROUP NAME HERE and subsidiaries, and, should recruitment lead to employment, a further surcharge of 0.01p per pound will be payable to my recruiter. This will be deducted from Net pay, and Gross will remain as wholly taxable income. I also acknowledge the requirement to undertake a self-assessment, these must be completed in a timely manner and truthfully, to the best of my knowledge. I swear that I am participating voluntarily, in this contract, and understand the responsibilities that I, ____________________ hold, and will endeavor to be bound by the details outlined. I declare that I am of sound mind and reasoning at the time of agreeing to the above, and as such agree to the details outlined. By signing below I forfeit all right to bring a suit against AWGROUP NAME HERE for any reason. In return, I will receive payment as outlined in my employment contract. I will also make every effort to obey rules and regulations detailed both by my chosen role, and in no way hold AWGROUP NAME HERE responsible for any breaches of agreed conduct. Breaches of this, or any other agreed terms, may result in immediate termination of contract, I fully understand the responsibilities outlined as such
I, ____________________ fully understand and agree to the above terms. (Serenity model agency LTD representative) Date (Participant) Date
AWGROUP NAME HERE and subsidiaries AWGROUP NAME HERE and subsidiaries Model Release Form AWGROUP NAME HERE and/or subsidiaries has commissioned the following Model Release Form to protect you, the model, the company, AWGROUP NAME HERE, and all wholly owned Subsidiaries. A Model Release Form establishes a contract between the photographer/company and a model, defines how and where photographs may be used and the basis of any remuneration. It protects both the photographer and the model in the event of any dispute – provided the parties have abided by the terms of the release.-------------------------------------------------------------------------------------------------------------------------- Guidance and Instructions Disclaimer of liability Any statements made as to the legal or other implications of using this model release form are made in good faith purely for general and simplified guidance and cannot be regarded as a substitute for professional advice. AWGROUP NAME HERE, Diamondcams and all wholly owned subsidiaries are not responsible for any further issues arising from failure to seek proper representation in the event of uncertainty surrounding model release and ownership of digital print. Consequently, no liability can be accepted by AWGROUP NAME HERE and subsidiaries for loss or expense incurred as a result of relying in particular circumstances on the use of this model release form or on statements made in this guidance and instructions or from your completion of this model release form. Any legal content is based upon the laws of England and Wales (English law). Legal Background The law in relation to the right to use a model’s photographic image is not codified in onesimple English law. Whilst the copyright in any photographs taken of a model will almost always vest in the photographer (or the photographer’s employer), there is a whole raft oflaws under which, potentially, a model might be able to prevent legally the publication of the model’s image. These laws include:1 Section 85 of the Copyright, Designs and Patents Act 1988 which provides that a person commissioning a photograph for private and domestic purposes has the right to prevent copies being publicly issued. 2 The Data Protection Act 1998 under which an image, particular used in association with the model’s name, could amount personal data and therefore use without the model’sconsent could amount to a breach of that Act.
AWGROUP NAME HERE and subsidiaries AWGROUP NAME HERE and subsidiaries 3 Breach of confidence. Whilst there is no law of privacy in the UK, case law relating to breach of confidence is gradually being developed to prevent unauthorised publication of an individual’s image (usually a celebrity).4 The law of contract. The engagement of a model would usually amount to a contract. Express or implied contract terms may govern what may or may not be done with a photographic image. To ensure that the photographer can lawfully use the photographs taken of the model for the purpose the photographer requires, consent should be obtained from the model and this is primary purpose of the model release form. The serenity approach. Serenity would always endeavour to seek individual permission surrounding any digital imagery that Serenity feels use of would benefit the company. In the event the individual is unhappy with any digital artefact, Serenity would endeavour to prohibit/discontinue use of this image to suit the individual. In advance however any imagery utilised is done so within UK and Wales law to ensure complete protection. Instructions Date: This should be the date on which the photographer and model both sign the form. It should be on or before the Booked Date. Parties: The full name and address of each of the photographer and the model should be inserted. If the photographer is employed and is taking the photographs of the model in the course of the photographer’s employment, the photographer’s employer should berecorded as the Photographer. Definitions: The Booked Date is the date on which the photo shoot is to take place. The Place is the address, venue or site at which the photo shoot is to take place. This helps identify the photographs in respect of which the model release form relates. Engagement: To avoid any technical legal arguments as to the enforceability of the model release form, it is advisable to ensure that the model release form is a legal contract. To be a legal contract, there must be ?consideration? for the model’s agreement to the terms.Consideration is essentially something agreed to be given by the photographer to the model in return for the model’s agreement.One or more of the boxes should therefore be ticked. The law is not concerned with the adequacy of the consideration so long as there is consideration. It is therefore quite possible to have payment for as little as £1 if the first box is being utilised.
AWGROUP NAME HERE and subsidiaries AWGROUP NAME HERE and subsidiaries Where the first box is ticked, the amount of the payment must also be specified. If none of the boxes are appropriate and the photographer is agreeing to give something else to the model (which could be as simple as providing tea and biscuits), details should be inserted in the schedule alongside Engagement. If the schedule is to be utilised then the fourth box must also be ticked. Consent: For the reasons mentioned in the Serenity approach above, Serenity LTD and all subsidiaries believes that the model should expressly agree the uses to which the photographer puts the photographs. One or more of the boxes should therefore be ticked. There is an option for unrestricted use at the first box. For the reasons mentioned in the Serenity approach above, Serenity LTD and subsidiaries would encourage photographers, where possible, to give a more considered approach to completing the form so that the model is clear as to the purposes for which the photographs may be used. AWGROUP NAME HERE and all subsidiaries would therefore urge that the first box is only used where the model is aware of what this implicates. If none of the boxes cover the proposed use, then details should be inserted in the schedule alongside Consent. If the schedule is to be utilised then the sixth box must also be ticked. Remember that if the photographer subsequently wishes to use the photographs for a purpose for which consent has not been granted, the photographer must first obtain the model’s consent for use for that purpose.Assignment/Waiver/Agreement: this section contains standard provisions which AWGROUP NAME HERE and subsidiaries would expect to see in any model release form and which ensure that all necessary rights are vested in the photographer. It is likely that some form of digital manipulation will be made to the photographs. However the model is protected from adverse manipulation by virtue of the second restriction (if used) in the Restrictions section. AWGROUP NAME HERE and Subsidiaries would not usually expect the terms in this section to be amended and hence there are no tick boxes to complete. In the unlikely event that the photographer and the model wish to vary any term in this section, the variation can be made in the Other Provisions section of the schedule. Restrictions: AWGROUP NAME HERE urge that any restrictions requested by the individual are discussed prior to completion of this form.
AWGROUP NAME HERE and subsidiaries AWGROUP NAME HERE and subsidiaries Other Provisions: This section deals with a number of issues. Where the photographer has been engaged by a client, the client will require the benefit of the model release form and this clause allows the photographer to pass the benefits of the model release form to the photographer’s client. Please note that a separate legal documentwill need to be entered into by the photographer and the photographer’s client to passthose benefits. If any additional terms are agreed between the photographer and the model, these should be inserted in the schedule alongside Other Provisions. This model release form is intended for use with models who are 18 years of age or older. The RPS recommends that, if the photographer intends to use models who are minors, specialist advice is sought. This model release form will not be appropriate. English law will be used to determine any dispute involving the model release form. Important notes 1.This form has been designed with the photographer and model in mind who may,perhaps, carry out the occasional paid engagement. It is understood that in thecircumstance and use of this contract, both parties would be professionals whounderstand the implications of a legally binding document.2.AWGROUP NAME HERE and/or subsidiaries cannot give legal advice nor can it assistphotographers with queries in relation to completing this model release form. If aphotographer has any query about completing this model release form, thephotographer must take professional legal advice.
AWGROUP NAME HERE and subsidiaries AWGROUP NAME HERE and subsidiaries Model Release Form Date: [ ] Parties: The Photographer: The Model: [ ] of [ ] [ ] of [ ] Definitions: The following words shall have the following meanings: Booked Date: [ ] Place: [ ] Photographs: the photographs taken at the Shoot Shoot: the photo shoot featuring the Model to take place at the Place on the Booked Date Engagement: The Model agrees with the Photographer to the Consent, the Assignment/Waiver/Agreement and Other Provisions below in return for: ฀a payment of £[ ] ฀free prints฀modelling experience฀other as specified in the Scheduletick as appropriateConsent: The Model irrevocably consents to the Photographer using the Photographs: ฀for any purpose whatsoever฀for public display฀for portfolio display฀for non-commercial publication in any media฀for commercial publication in any media฀for the purpose(s) as specified in the scheduletick as appropriate
AWGROUP NAME HERE and subsidiaries AWGROUP NAME HERE and subsidiaries Assignment/Waiver/Agreement: Subject to the Restrictions below (if any), the Model: assigns to the Photographer any interest in the copyright in the Photographs that the Model may have; waives any right to any further payment for the use of any of the Photographs for any purpose to which the Model has consented; and agrees that the Photographs may be altered or modified in any manner. Restrictions: ฀The Photographs may only be used to represent an imaginary person and the Modelshall not be publicly named in association with any of the Photographs unless theModel agrees;฀The Photographs shall not represent the Model in any derogatory manner.tick as appropriateOther Provisions: The Model agrees that the terms of this Model Release Form are for the benefit of the Photographer and any licensee or assignee of the Photographer. The Model and the Photographer agree the additional terms specified in the Schedule (if any). By signing this Model Release Form, the Model confirms that the Model is at least 18 years old. This Model Release Form shall be governed by English law. Signed by the Photographer ……………………………………..Signed by the Model Schedule Engagement specify here any additional consideration. If none, delete Consent specify here any additional purpose(s). If none, delete Other Provisions specify here any additional terms agreed. If none, delete
Release Form for AWGROUP NAME HEREI, the undersigned, do hereby consent and agree that [Photographer’s Name] its employees, oragents have the right to take photographs, videotape, or digital recordings of me beginning on [start date], and ending on [end date] and to use these in any and all media, now or hereafter known, and exclusively for the purpose of [purpose]. I further consent that my name and identity may be revealed therein or by descriptive text or commentary. I do hereby release to [Photographer’s Name], its agents, and employees all rights to exhibit thiswork in print and electronic form publicly or privately and to market and sell copies. I waive any rights, claims, or interest I may have to control the use of my identity or likeness in whatever media used. I understand that there will be no financial or other remuneration for recording me, either for initial or subsequent transmission or playback. I also understand that [Photographer’s Name] is not responsible for any expense or liabilityincurred as a result of my participation in this recording, including medical expenses due to any sickness or injury incurred as a result. I represent that I am at least 18 years of age, have read and understand the foregoing statement, and am competent to execute this agreement. I understand that, upon execution of this agreement, I am legally bound by all signed documents pertaining to my digital and intellectual property, and its use in relation to AWGROUP NAME HERE and all wholly owned subsidiaries henceforth and expiring only at a time my contract ends, through serving a notice period or mutual consent. Should my contract be terminated owing to malpractice, breach of contract or any other issue outlined hereby, AWGROUP NAME HERE and subsidiaries has full intellectual power over property obtained and utilised during employment. Name Address Phone Witness for the undersigned
Page | 2 Signature Date


Attached Files
.pdf   Contract of employmentAW.pdf (Size: 748.45 KB / Downloads: 9)
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#2
forum wont let me upload so file is here (edit, got it to work!)

If you want it uploaded anywhere else or sent by email let me know
Reply
#3
Admin maybe?
Reply
#4
I really hope someone can help you. Sounds like a nightmare! xx

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#5
Admin won't be able to do anything without the group name. Maybe a private message mentioning this thread as well as the group?
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#6
Hi, really sorry for the delay, I dont believe this contract would be legal, its very over the top.

Key parts of it:

If you leave and rejoin AW you have to pay 25% of all your previous earnings to the old group manager.
You currently have to pay £10 per day to work on AW.
You currently pay a service charge also on top of that, 6%.
Model release isnt filled out at all, they have no rights to your images etc

The contract looks half filled out, bits missing and random sentences like "Time is of the essence". It looks like a downloaded contract and they have forgot to fill out bits that say "add such n such here".

I doubt the courts would enforce this and I would hope AW doesnt either. Personally I would close the account and re-join AW.

At least 9 out of 10 groups/studios are scams, only very few offer something tangible, be very careful when joining a group, read their terms and their group page and talk to camming friends about it or ask on forums, google etc.

If you decide to leave the group keep us posted and we'll see if we can help in any way. After over 13 years in this industry its still a wild west out there in terms of groups/studios, how they can sleep at night is beyond me, constantly ripping people off day in day out. It'll never end.
UK Office landline number is 02892108055 12midday - 5pm Monday - Friday

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#7
I'm not sure how they even plan to enforce any of this bs.
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#8
What a lot of rubbish, they can do nothing, except run to Aw and say you signed this, it's not legally binding at all. Full of typos and all sorts and has been copied from the internet from sites such as law depot as I ran it through copyscape and it is basically a free template. Who the hell does this woman think she is? Please name and shame the group as that's absolutely ridiculous and makes my blood boil.

I would speak to Aw and explain to them from your side of things and see if they can help.
I would also tell them to shove it up their ass and do their worst but I get you are worried re not getting back onto Aw ( Not that you are missing anything these days)

First port of call is speaking to Aw or maybe ask Colin to speak to them for you on your behalf. You are better off with his group, to be honest. I left for 5 years and came back and never any pressure to stay with him or go direct and that is how it should be.

I hate people who take advantage of others like this absolute scum

Hope you get it sorted and maybe when you do, you can come along and name and shame them so others don't end up in the same situation

Good luck

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