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Letter of termination of contract

Discussion in 'Consumer Law, Contracts, Warranties' started by Lesha619, Feb 12, 2021.

  1. Lesha619

    Lesha619 Law Topic Starter New Member

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    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!
     
  2. Zigner

    Zigner Well-Known Member

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    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.
     
    Michael Wechsler and justblue like this.
  3. adjusterjack

    adjusterjack Super Moderator

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    Quote those sections word for word in their entirety.
     
  4. Zigner

    Zigner Well-Known Member

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    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.
     
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  5. Zigner

    Zigner Well-Known Member

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    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?
     
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  6. zddoodah

    zddoodah Well-Known Member

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    Please quote the EXACT wording of the contract that says this.

    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)").

    Please review the disclaimer at the bottom of the page relating to "legal advice." If you have particular questions, feel free to ask them.

    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?

    What breach?

    Given that you're looking to terminate the contract, why would you say this?
     
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  7. army judge

    army judge Super Moderator

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  8. Zigner

    Zigner Well-Known Member

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    I'm all for looking at posting history(ies), but the OP's only other thread is entirely unrelated and adds nothing to this thread.
     
  9. Lesha619

    Lesha619 Law Topic Starter New Member

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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.
     
  10. army judge

    army judge Super Moderator

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    TGIF
     
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  11. army judge

    army judge Super Moderator

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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.
     
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  12. Zigner

    Zigner Well-Known Member

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    I believe the problem is some sort of exclusivity clause that the OP and her attorney believe applies.
     
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  13. Zigner

    Zigner Well-Known Member

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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.
     
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  14. Lesha619

    Lesha619 Law Topic Starter New Member

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  15. Lesha619

    Lesha619 Law Topic Starter New Member

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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.
     
  16. Lesha619

    Lesha619 Law Topic Starter New Member

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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.
     
  17. adjusterjack

    adjusterjack Super Moderator

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    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.
     
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  18. Zigner

    Zigner Well-Known Member

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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.

    You have already had an attorney (or two?) give you advice.
     
  19. army judge

    army judge Super Moderator

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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.
     
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  20. Lesha619

    Lesha619 Law Topic Starter New Member

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    Please send me an email where I can send this "alleged" contract smh.
    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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