Letter of termination of contract

L

Lesha619

New Member
Jurisdiction
Arizona
I am signed to a 1 year (24 project) legal contract. I am a exclusive brand model/spokesperson who was hired to be the model and face of a particular brand. I can not work outside of the contract. After 3 months (6 projects) the company I am signed with stopped providing me with work possibly due to the pandemic. However, they told me work was coming, so I remained fully committed to the contract. It has now been 5 months with no work or pay and I'd like to mitigate and terminate the contract.
I wrote a letter that I will send to the owner. I would just like any advice as to what I should and should not do in order to successfully terminate and mitigate from all of the financial losses I received.

Here is the letter:

Hello Mr. XXXX and XXXXX Company.

I am writing this letter in reference to the contract entered into on Mar. 30, 2020. Pursuant to Section 8a (Termination) and 8b (Failure to commit to contract), we regret to inform you of our intention to terminate the contract in line with the terms and conditions set forth. This will take place within 7 days after receiving this letter with or without response. This will help mitigate any loses that occured during the breach of contract. I will remit all obligations due under the contract. I look forward to working with you in the future and hope that we can enter into a more profitable arrangement.

Sincerely,

XXXXX

XXXXX

XXXXX

Is this OK? Any advice would help!

Thank you!
 
You really ought to consider sitting down (a virtual "meeting" is ok) with a local attorney who can review your contract in its entirety to advise you about the matter.
 
I don't think it's wise to give advice based on two snippets from a contract, nor is it proper to perform contract review on an internet forum.
 
It appears that the contract was entered in to on March 30th and is for a 12 month duration. Why the rush to get out of it a month and a half early?
 
Lesha619 said:
I can not work outside of the contract.
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Please quote the EXACT wording of the contract that says this.

Lesha619 said:
I'd like to mitigate and terminate the contract.
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Please quote the EXACT wording of the contract relating to termination (in particular, the two sections you referred to: "Section 8a (Termination) and 8b (Failure to commit to contract)").

Lesha619 said:
I would just like any advice
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Lesha619 said:
Any advice would help!
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Please review the disclaimer at the bottom of the page relating to "legal advice." If you have particular questions, feel free to ask them.

Lesha619 said:
we regret to inform you of our intention to terminate the contract
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Your whole post to this point has been written in first person singular, so why would you use plural pronouns here? Are you writing on behalf of yourself AND someone else?

Lesha619 said:
This will help mitigate any loses that occured during the breach of contract.
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What breach?

Lesha619 said:
I will remit all obligations due under the contract.
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Given that you're looking to terminate the contract, why would you say this?
 
Zigner said:
You really ought to consider sitting down (a virtual "meeting" is ok) with a local attorney who can review your contract in its entirety to advise you about the matter.
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I actually did. A lawyer said that there isnt many options because of the type of contract I am in. I work freelance and was hired under contract to provide services for pay. I had to stop providing services because they didn't provide work. I have the right to mitigate and terminate the contract at this point. All I can sue them for was the few months of work they claimed to have manipulating me to wait which would total out to 18k dollars. It would cost more than half to even sue them plus there are facts that they can argue. I need to get back to work. My lawyer just suggested I write a letter to save money from him writing it. Just need advice as having him look at it would cost me his rate.
 
Lesha619 said:
I had to stop providing services because they didn't provide work.
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If the other party isn't offering you work, which appears never to have been guaranteed, how are you being harmed?

Going forward you might consider the efficacy of a contract for any effort that doesn't specify the frequency and the nature of said employment.

Frankly, I don't see how a contract benefits either party.

One could argue that the ALLEGED "contract" was nothing more than a jumble of promises masquerading as a contract.
 
Lesha619 said:
My lawyer just suggested I write a letter to save money from him writing it. Just need advice as having him look at it would cost me his rate.
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Penny wise and pound foolish is how the saying goes.

YOUR attorney is familiar with the matter and YOUR attorney suggested you write a letter. It only seems appropriate that YOUR attorney reviews the letter. Yes, it will cost you some money.
 
zddoodah said:
Please quote the EXACT wording of the contract that says this.

Exact wording
8. Term and Termination.
A. Term and Termination. This agreement shall commence as of the Effective Date
and shall continue for one (1) year (the "Term"), unless earlier terminated as set forth herein.
Additionally, this agreement shall auto-renew under the same terms and conditions unless either
party provides written notice to the other party of its intent not to renew the agreement at least
thirty (30) days prior to the end of the then applicable Term. Notwithstanding the foregoing, either
party shall have the absolute right to terminate this agreement at any time, in the event that the
other party's conduct is injurious to such party seeking termination or its reputation, in the party
seeking termination's sole discretion. XXX shall also have the absolute right to terminate this
agreement at any time in the event of the following: (i) charging or conviction of XXX of a felony
or misdemeanor; (ii) the commercial value of the XXX Endorsement is substantially impaired,
as determined by XXX in its reasonable opinion, by any act or omission of XXX which shocks
or offends the community (including, without limitation, arrest or indictment for any crime or the
filing of criminal charges, failing a drug test, or admission to a substance abuse treatment program)
or which manifests contempt or disregard for diversity, public morals or decency; or (iii) the death
of XXX. Either party shall have the absolute right to terminate this agreement at any time, in the
event of the occurrence of a Default, as below defined.

B. Event of Default; Notice and Cure; Default. The breach, violation or failure of
either party to perform any material obligation contained in this agreement shall be deemed an
event of default (an "Event of Default"). Upon the occurrence of an Event of Default, the non-
defaulting party shall notify defaulting party, in writing, of such event. The defaulting party shall
have thirty (30) days to cure an Event of Default or five (5) days to cure an Event of Default which
relates to the non-payment of amounts owed hereunder. The failure of the defaulting party to cure
the Event of Default shall be deemed a default (a "Default") under this agreement.

(XXX Is just names)


Please quote the EXACT wording of the contract relating to termination (in particular, the two sections you referred to: "Section 8a (Termination) and 8b (Failure to commit to contract)").
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Zigner said:
Penny wise and pound foolish is how the saying goes.

YOUR attorney is familiar with the matter and YOUR attorney suggested you write a letter. It only seems appropriate that YOUR attorney reviews the letter. Yes, it will cost you some money.
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Sadly, I don't have the money to pay him unfortunately. This breach has taking everything. His rate starts at $2,000.
 
Zigner said:
I believe the problem is some sort of exclusivity clause that the OP and her attorney believe applies.
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If you would like, I can send my contact to you via email. I am trying to keep it private and as free as possible. A lawyer has already reviewed my contract and suggested in his words that that I "should move on". I spent too much time waiting for work and not getting it. It has hurt me financially. We all have the right to mitigate even after 30 days of no work. I've ignorantly waited months. I do not want to wait any longer. The company has also stopped responding to emails and calls since November 2020.
 
It certainly looks like the contract gives you grounds to terminate though I can't give you any advice about the contents of your letter.

If you can't or won't have your lawyer review it, you might as well just send it as is and see how it goes.
 
Lesha619 said:
If you would like, I can send my contact to you via email.
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No, do not do that. I am NOT an attorney and, even if I was, I would NOT be *your* attorney.

I am trying to keep it private and as free as possible. A lawyer has already reviewed my contract and suggested in his words that that I "should move on". I spent too much time waiting for work and not getting it. It has hurt me financially. We all have the right to mitigate even after 30 days of no work. I've ignorantly waited months. I do not want to wait any longer. The company has also stopped responding to emails and calls since November 2020.
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You have already had an attorney (or two?) give you advice.
 
Lesha619 said:
Sadly, I don't have the money to pay him unfortunately. This breach has taking everything. His rate starts at $2,000.
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Have you spoken with your contact(s) at the other party's organization about potentially terminating the agreement?

That might be a starting point.

I suspect once you've discussed your concerns, you might find the other party amenable to agreeing that both parties part amicably.

So far, neither party appears to have cost either party a dime.

The pandemic hasn't been judicially decreed a "force majeure" (as far as I know), but the pandemic seems to be what precipitated the other party's inability to make good it's intent to employ you as a spokesperson for one of their brands.

You could just leave things as they are and allow the "contract" to expire.

It isn't costing you anything to leave it as it is, is it?

Yes, you aren't collecting any fees, but it also isn't causing you to spend anything to keep it in place.
 
army judge said:
If the other party isn't offering you work, which appears never to have been guaranteed, how are you being harmed?

Going forward you might consider the efficacy of a contract for any effort that doesn't specify the frequency and the nature of said employment.

Frankly, I don't see how a contract benefits either party.

One could argue that the ALLEGED "contract" was nothing more than a jumble of promises masquerading as a contract.
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Please send me an email where I can send this "alleged" contract smh.
army judge said:
If the other party isn't offering you work, which appears never to have been guaranteed, how are you being harmed?

Going forward you might consider the efficacy of a contract for any effort that doesn't specify the frequency and the nature of said employment.

Frankly, I don't see how a contract benefits either party.

One could argue that the ALLEGED "contract" was nothing more than a jumble of promises masquerading as a contract.
Click to expand...

The best thing I could do at this point is send you my contact. What you are saying is far from the case. I had a lawyer draft up the original contract. Once the contract was breached, I had another lawyer review the contract and offer suggestions on what I should do. His suggestion was to write a letter of termination. He suggested I do it myself to save money. It is not a fluke contract. It is very much real. My last post has ABSOLUTELY NOTHING to do with this situation. And I am being honest.
 

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