Is it against the law to have someone who doesn't understand english sign a contract?

c.cloudwalker · Mar 3, 2011

A contract is one thing, the law is another. Then you have lawyers and judges who can look at both and understand them totally differently with the result that contracts, including those written by lawyers, can always be disputed in a court of law where it will always come down to who has the better lawyer

The best thing is to do everything you can to make it all as legal as possible. In your case, you should have had a model release in french. Why would an english document be legal in France? I moved to France a few months ago and I've spend quite a bit of money on translations of US documents...

And do you even know if your model release in english fits the model release law of France?

KmH · Mar 3, 2011

Student said:
My contract says "I AGREE THAT I HAVE NO RIGHTS TO THE CONTENT, AND ALL RIGHTS TO THE CONTENT BELONG TO THE PHOTOGRAPHER / FILMMAKER AND ASSIGNS. I ACKNOWLEDGE AND AGREE THAT I HAVE NO FURTHER RIGHT TO ADDITIONAL CONSIDERATION OR ACCOUNTING, AND THAT I WILL MAKE NO FURTHER CLAIM FOR ANY REASON TO PHOTOGRAPHER / FILMMAKER AND / OR ASSIGNS." This should mean that she has no right to sue me for any reason what so ever. Can she still sue me?

She can sue for anything, at any time.

You don't show a location in your profile. Laws vary by country. In the US model release laws vary by state.

An online forum is not a good place to get reliable legal advice.

Getty Images has PDF files of it's model release in a broad range of languages. I can only link you to the English version, which you don't need. You'll have to locate the French version yourself.

By the way, the one you are using has some general, large, legal holes in it. I recommend you consult a qualified attorney.

cnutco · Mar 3, 2011

PJL said:
^ "American language" is also known as "English"

LOL! I only had one cup of coffee at that time...

PASM · Mar 3, 2011

My guess: there may be a legal caveat which requires a commercial contract agreed within France/French territory to be drawn-up in both the language of the business and also in French if this is a secondary language. (And the nuances of the French language defined would be the legally accepted meaning too).

PJL · Mar 3, 2011

Student said:
My contract says "I AGREE THAT I HAVE NO RIGHTS TO THE CONTENT, AND ALL RIGHTS TO THE CONTENT BELONG TO THE PHOTOGRAPHER / FILMMAKER AND ASSIGNS. I ACKNOWLEDGE AND AGREE THAT I HAVE NO FURTHER RIGHT TO ADDITIONAL CONSIDERATION OR ACCOUNTING, AND THAT I WILL MAKE NO FURTHER CLAIM FOR ANY REASON TO PHOTOGRAPHER / FILMMAKER AND / OR ASSIGNS." This should mean that she has no right to sue me for any reason what so ever. Can she still sue me?

Dusting off my 1L contract law, I believe that in the United States such a provision to completely waive your right so sue is unenforceable, unless the contract provides for some other type of arbitration. For example, what if you use her image to defame her?

Garbz · Mar 3, 2011

Student said:
What if I was the translator?

Then you may be in legal hotwater if it turns out she didn't understand your translation perfectly and the contract is challenged.

People can challenge a contract for whatever they want. It is up to you to ensure that you are as protected as possible. Give her the contract, give her as much time as she needs to sign it. Signing under duress or signing a contract that isn't understood in an unconscionable way (extensive legalese, not necessarily in another language) is bad, but on the same token if she doesn't take the time to read her contract than that's on her providing your contract is reasonably standard and expected. (i.e. again you usually can't make someone sign away their house on the delivery receipt for a package for instance since it's not standard and unconscionable even if the person doesn't read it)

Contract law varies greatly, and is a complicated beast with mass volumes of text written on them. If you're worried as a lawyer, or at the very least a law student and not simply an online photography forum. Also ask someone local!

Robin Usagani · Mar 3, 2011

Does anyone speak Mexican here?

mwcfarms · Mar 3, 2011

Mexican as is spanish?

KmH · Mar 3, 2011

Yo, vato. ¿Que paso?

There are notable differences between Mexican and colloquial Spanish, kind of like the differences between the Queen's English, and American English, and of course the slang varies a great deal too. I'm not familair with Spanish slang.

hood - bonnet
trunk - boot
toilet - loo
gasoline - petrol
french fries - chips
chick (girl) - bird (girl)

Robin Usagani · Mar 3, 2011

color colour
airplane aeroplane
gray grey
neighbor neighbour
while whilst
learned learnt

etc..

Student · Mar 5, 2011

Since I am a very careful person my contracts say that I can reveal all personal information, make defamatory and offensive content and I added a clause that if anyone sues me in relation to this contract they have to pay me 1 billion Pounds. (British not Egyptian

) Now I just hope this is legal. I'm joking but most of my models are french or Swiss they don't all speak english and most sign a contract without reading it. Actually could I? (Include a clause that they have to pay me 1 bil if they sue me for any reason what so ever?)

PJL · Mar 5, 2011

This is just getting stupid. I feel trolled.

Overread · Mar 5, 2011

If most of your clients are French and Swiss why have you not drawn up contracts already in the native language for them? Contracts are there to both ensure that each party is agreeing to the same transaction and that there is no misunderstanding as well as to protect both you and your models.