I'm currently at an commercial agency that isn't sending me out, and have recently been asked by another agency if I'd like to join them. I have a one year contract with them, but it states that if I haven't made money in the past three months that either I or the agency can end the contract. What's the proper way to go about this? Letter by mail? Email? Phone call?

Hi acto--
It depends on your relationship with the agency and agents, but in general you want to be as tactful and respectful as possible. After all, you may want to return! I suggest you call and speak to the agent you feel most comfortable with, and then follow up with a kind letter or note thanking the agency for all their work on your behalf. Don't tell them "I'm getting another agent because you guys never send me out." Try something more like, "Another agency is very interested in me, and has been pursuing representing me, and I feel like I need to give it a chance".......Well, you'll probably come up with something better than that, but you get the picture!

quote:

Originally posted by acto:
I'm currently at an commercial agency that isn't sending me out, and have recently been asked by another agency if I'd like to join them. I have a one year contract with them, but it states that if I haven't made money in the past three months that either I or the agency can end the contract. What's the proper way to go about this? Letter by mail? Email? Phone call?

SAG does indeed have an "escape clause" allowing its members to terminate a contract with their agent prematurely if certain obligations aren't met, in your case, failure to book you sufficient work. It's called "The 91-Day Termination Clause," and stipulates that if your commercial agent has not booked you at least $3,500. of SAG work in a single 91-day period, you have sufficient grounds to terminate your contract early (for theatrical agencies, it's 10 days of SAG employment in 91-days). Assuming that you are a member of the Guild, be advised that your agent MUST BE SAG FRANCHISED in order for this legal loop hole to have effect, so don't just assume -- check with your local SAG office to be absolutely certain that they are.

Never leave a voicemail or email, always make anything this important legal by putting it in the form of a written letter, and be sure to have it certified. Make your termination notice short and sweet, stating that you are invoking the 91-Day Termination Clause, thank them for their service amd consideration, and better luck with your new agent!

www.robertkim.com

One thing to keep in mind is that it may not be 100% the agency's fault that you are not being sent out....don't assume that a new agency will necessarily work harder on your behalf. Sometimes it can be best to try and work it out with a current agency before switching to a new one. Are your submission materials up to date? Are you networking on your own? Are you taking classes or otherwise keeping your chops up? When was the last time you spoke to your current agents and asked if they needed anything from you? When was the last time you dropped your pictures off in person, and to say hi?
I am NOT saying you should stay with your current agent. I have no idea of the particulars here and which agency is "better" for your situation. But I think it's important to consider that your career is in your hands and an agent is not a magic bullet....