Fourwall Magazine will be officially launching its first issue in print and online on the 8th of November 2015. Fourwall Magazine is a refreshingly bold magazine poised to bring the best lifestyle and entertainment guide to Nigeria, Benin Republic and the surrounding areas.
With exclusive interviews and features
from both local and international icons crossing the spectrum of models, fashion, music and young talents to name a few, this new publication will bring its readers closer to the affluent lifestyle that they wish to achieve.
Geared towards the active, fashionable, career focused individual aged between 18 and 25, Fourwall Magazine aims is to be the most informative source for those aspiring to achieve their goals and live a successful lifestyle. Readers can expect to find in-depth articles and columns pertaining to fashion, entertainment, education, career advancement, health & fitness and much more.
Following positive feedback after the release of sample issue, Fourwall Magazine will be launching to appeal to socially active individuals across a wide range of ethnic
backgrounds and social circles. 10,000 copies of Fourwall Magazine will be distributed for free via a network of handpicked and approved retail outlets, salons, hotels and nightlife venues across Nigeria and Benin Republic.
An online version of the magazine will be available on Apple and Android devices.
For Advert & Sponsorship:
Emmanuel Abazu
Editor in chief
+2347062445649, +2348030505877
Fourwallmagazine@yahoo.com
Thursday 29 October 2015
Saturday 17 October 2015
The Beth Model Academy
Beth model academy's 4 weeks model intensive training is for every boy and girl whether he or she aspires to become a professional model or perfecting herself/himself in confidence on or off the runway.This priceless experience is filled with model etiquette 101 that will give you the necessary tools in becoming a successful fashion/commercial model or bring out the supermodel within.
The workshop begins with an industry expert telling it how it is. You will get advice on breaking into the business, finding your brand, what agents expect from new faces, individual make-overs, depicting the commercial and high fashion markets, runway training, confidence, camera angles, portfolio development, posing and much more.
Our celebrity make-up artists will take you on a journey behind the scenes into learning high fashion make up application for your very own photoshoots. A supermodel will train you in front of the camera on angles and posing techniques, that will make you feel comfortable and confident.
Wednesday 14 October 2015
Casting for Nigeria's Next Super Model Season 9
Models are invited to the final casting of the Nigeria's next super model contest which is set to hold on 17th October, 2015.
The event which has produced top models who have walked on major runways across the world like the Johannesburg fashion week, Milan fashion week, Paris fashion weeks, new York fashion week, London fashion week to mention just a few.
The Nigeria's next super model is no doubt the most prestigious modelling contest in the continent and a proudly Nigeria contest that has made impact in the world of fashion modelling.
This year the 9th car will be given away to the 9th girl whose career will automatically start internationally.
3 top agencies in the world will be on ground to find that new face.
Date : 17th Oct, 2015
Venue: Studio 24, 120 awolowo Road ikoyi
Time: 9am
Venue: Studio 24, 120 awolowo Road ikoyi
Time: 9am
Sunday 11 October 2015
Modelling Contracts and Agency; What The Law Says About It
Hello everyone, this is a continuation of my last post. Please read, learn and enjoy.
Consideration
Another element of a valid contract is consideration. What consideration basically talks about is that there must be an exchange of promises or of a promise for an act. Something of value in the eyes of the Law must be given for a promise in order to make it enforceable as a contract. What this simply means is that for a person who is a party to a contract be entitled to sue another person who is also a party to the same contract, he must show that he contributed to the agreement.
A valuable consideration in the eye of the Law may consist of some right, interest, profit or benefit to be enjoyed by a party to a contract or some loss or responsibility given suffered, given or undertaken by the other. For example, I talked about agency fees. Standard agencies do not ask models for agency fees but instead invest in their models, book them for jobs and get the money invested back after the Model is paid for the job. The money initially invested by the agency is some sort of loss or responsibility, so therefore, that is known as consideration. The money that was initially invested on the Models for shoots, to create a portfolio and comp card although I don’t think money is spent on getting models jobs is like some sort of benefit or profit to the Models. So if an agency wants to prove that there was indeed a valid contract, he just needs to show that some amount was spent on you initially. So consideration is basically one party to a contract enjoying some benefit while the other party suffers some loss or shoulders some responsibility.
There are certain instances where there is in fact no consideration even though it looks like it. This is what is know as failure of consideration. For example, an agency promises to book a model for jobs, the agency fails to do so, so therefore, there is no consideration. Why? Because the agency who made the promise did not in fact carry out any act in fulfilment of its promise. Although there are certain instances where a promise is made by a person to another although no act is required to be carried out by the other party a promise was made to.
Another instance of failure of consideration is where the parties to the contract are required to do some things as stated out in the contract and one of the parties is yet to fulfil his part of the agreement. For example, an agency when you signed the contract asked you to lose some pounds or cut your hair which is clearly stated in the agreement. The Model refuses to do so and the agency refused to book the Models for jobs. The Model cannot subsequently sue the agency for not getting him jobs because the Model is yet to fulfil his part of the contract of which the agency can only be liable when the Model does his part of the agreement and therefore there is no valid contract.
Now we are going to consider Adequacy of Consideration. In the absence of fraud, duress, force, misrepresentation, the consideration agreed by the two parties is adequate in the eyes of the Law. For example if the contract contains a term that says a Model shall get 60% of every income made by him from jobs and the agency gets 40%, so far the agency did not force you to sign the contract, there was nothing fishy about the agreement, the term was in plain and clear language, the Model cannot later come around and say the 60/40 cut is cheating, it is not enough.... For example, the job you were booked for is 20,000, and the percentage you get is 60%, that is like 12,000 naira. So when you calculate all the expenses you incur and you compare it to what you will be paid and you see that it is in fact not enough. You cannot complain that the money is not enough or it is ‘chicken change' if you agreed to the term and no one forced your hand to sign the contract, the Law will see it as adequate irrespective. In principle, no consideration is too small, too much or unfair in the eyes of the Law as far as it has been agreed by both parties. And lastly, although consideration need not be adequate, it must be sufficient in the eyes of the Law.
OK so this is where I am going to stop for now, please stay tuned for more.
Consideration
Another element of a valid contract is consideration. What consideration basically talks about is that there must be an exchange of promises or of a promise for an act. Something of value in the eyes of the Law must be given for a promise in order to make it enforceable as a contract. What this simply means is that for a person who is a party to a contract be entitled to sue another person who is also a party to the same contract, he must show that he contributed to the agreement.
A valuable consideration in the eye of the Law may consist of some right, interest, profit or benefit to be enjoyed by a party to a contract or some loss or responsibility given suffered, given or undertaken by the other. For example, I talked about agency fees. Standard agencies do not ask models for agency fees but instead invest in their models, book them for jobs and get the money invested back after the Model is paid for the job. The money initially invested by the agency is some sort of loss or responsibility, so therefore, that is known as consideration. The money that was initially invested on the Models for shoots, to create a portfolio and comp card although I don’t think money is spent on getting models jobs is like some sort of benefit or profit to the Models. So if an agency wants to prove that there was indeed a valid contract, he just needs to show that some amount was spent on you initially. So consideration is basically one party to a contract enjoying some benefit while the other party suffers some loss or shoulders some responsibility.
There are certain instances where there is in fact no consideration even though it looks like it. This is what is know as failure of consideration. For example, an agency promises to book a model for jobs, the agency fails to do so, so therefore, there is no consideration. Why? Because the agency who made the promise did not in fact carry out any act in fulfilment of its promise. Although there are certain instances where a promise is made by a person to another although no act is required to be carried out by the other party a promise was made to.
Another instance of failure of consideration is where the parties to the contract are required to do some things as stated out in the contract and one of the parties is yet to fulfil his part of the agreement. For example, an agency when you signed the contract asked you to lose some pounds or cut your hair which is clearly stated in the agreement. The Model refuses to do so and the agency refused to book the Models for jobs. The Model cannot subsequently sue the agency for not getting him jobs because the Model is yet to fulfil his part of the contract of which the agency can only be liable when the Model does his part of the agreement and therefore there is no valid contract.
Now we are going to consider Adequacy of Consideration. In the absence of fraud, duress, force, misrepresentation, the consideration agreed by the two parties is adequate in the eyes of the Law. For example if the contract contains a term that says a Model shall get 60% of every income made by him from jobs and the agency gets 40%, so far the agency did not force you to sign the contract, there was nothing fishy about the agreement, the term was in plain and clear language, the Model cannot later come around and say the 60/40 cut is cheating, it is not enough.... For example, the job you were booked for is 20,000, and the percentage you get is 60%, that is like 12,000 naira. So when you calculate all the expenses you incur and you compare it to what you will be paid and you see that it is in fact not enough. You cannot complain that the money is not enough or it is ‘chicken change' if you agreed to the term and no one forced your hand to sign the contract, the Law will see it as adequate irrespective. In principle, no consideration is too small, too much or unfair in the eyes of the Law as far as it has been agreed by both parties. And lastly, although consideration need not be adequate, it must be sufficient in the eyes of the Law.
OK so this is where I am going to stop for now, please stay tuned for more.
Thursday 1 October 2015
Modelling Contracts and Agency; What The Law Says About It
Hello y'all, happy independence to you. So sorry for the late post. I hope you all are doing good.
Today I am talking about contract but it is going to be simplified for you to grasp my point. I am going to relate it to a Model and her agency.
Simply put, a contract is an agreement between two or more persons which is binding on them. But in Law, a contract is defined as an agreement which the Law will enforce or recognise as affecting the legal rights and duties of the parties. It can also be defined as a promise or set of promises the Law will enforce. For a contract to be valid and enforceable by law, purpose and intention of the people or parties involved must be mutual and their must be consideration. Consideration can be in form of money or rendering of services.
There are 3 classification of contract. There is the formal contract and simple contract. A formal contract must be in writing or may be typed on a paper. Under formal contract, there is also something called a contract made by deed. A deed for it to be valid must be completed and given full legal effect by the signing, sealing and delivering of it by the party executing to the party in whose favour it is executed. A person executing a deed must now either sign or make his mark in addition to sealing for the contract to be valid. A contract under deed will still be valid even when there is no consideration. A simple contract is defined as all contracts other than formal contracts. They may be in writing or oral. The distinction between these two forms of contract is that the validity of a simple contract is derived from the presence of consideration.
There is also another form of contract known as express and implied contract. An express contract is one when the terms of the contract are clearly stated. For example, modelsdiarys' agency calls for an open casting call to all interested Model to join its agency. Some models were picked and the models were subsequently given contracts to sign. All the terms will be well spelt out in such agreement and a contract comes into existence after the Model has read the terms and agreed to the terms therein. In the case of implied contracts, the terms are not expressly stated. The court will normally assume the existence of a contract from the conduct of the parties even though there was no express agreement between them. For example, a Modelsdiarys agency gives a Model a contract to sign which the Model fails to sign, but Modelsdiarys gives the Model jobs and gets it cuts after paying the Model. No contract is signed, but Modelsdiarys and the Model have been acting on the terms of the unsigned contract especially if it is over a period of time.
So right now, we are going to another aspect of the Law of Contract, the elements of a contract. The elements of a valid contract are offer, acceptance and consideration. For a contract to exist, they have to be an offer by one party to another and an acceptance by the person to whom the offer is addressed.
Offer
An offer simply put is a promise made by one person with the intention that it shall become binding on the person making the promise as soon as it is accepted by the party to whom it is addressed. An offeror(person making the offer) must place at the feet of the offeree(person to whom the offer is made) a clear intention and desire to enter into a contract with the person to whom the offer is made. An agent scout who spots a Model and invites her to come sign under the agency is an offer made to the Model by the scout on behalf of the agency. There is no limit to the number of people an offer can be made to. A contract comes into existence only between the person making the offer and the person or persons responding to the offer and accepting it. A offer(not a contract) can be made not only to individuals and group of persons, but to the whole world. An offer can be made in writing, in words or by conduct.
Under offer, there is something also known as invitation to treat. If an offer is in form of a preliminary move in negotiations which may lead to a contract, it is not an offer, but an invitation to treat. An invitation to treat not being an offer but a phenomenon preceding an offer is not capable of forming a contract upon acceptance. For example, modelsdiarys advertises on Facebook, Instagram, twitter, and their website that they need new models to sign under and agency and interested models apply to their agency with pictures or should come for their casting calls, modelsdiarys advertisement cannot constitute an offer because they have the right to reject some applications from models they think do not fit their brief. It is the application made by these models in response to the advertisement that is recognised as offers and when Modelsdiarys accepts some of these applications, a contract will emerge between Modelsdiarys and the Model's whose application were accepted. So also, if you apply to an agency to be signed under them, an agency has a right to reject your offer by telling you they are not accepting new faces right now till some time later. So in other words, applications made by a Model to an agency or a Model going for an agency's casting is actually an offer made by the Model because the agency has no clear intention to sign you yet. But if the agency sees you, likes your looks and invites you to its office and tells you of its intention for you to sign with its agency, that is an offer made by the agency and it is left for you to accept or reject the offer.
Acceptance
An acceptance is a final and unqualified expression of assent to the terms of offer. Simply put, an acceptance of an offer is the reciprocal act or action of the person to whom an offer is made in which he indicates his agreement to the terms of the offer made by the person who makes the offer. An acceptance may be manifested by words, by conduct or by documents passing between both parties. An acceptance by conduct will amount to proper acceptance if it is shown that the person to whom the offer is made to did the act with the intentions of accepting the offer. So therefore if a person is ignorant of an offer made, his acts cannot amount to an acceptance. For an acceptance to be valid, there must be external manifestation of assent, some words must be spoken or some act done by the person to whom the offer is made or its agent.
Acceptance must be communicated to the person who made the offer. Silence or an intention to accept does not amount to acceptance, intention must be coupled with act to amount to acceptance. So what I am saying here is when an agency makes an offer to a Model to sign with the agency, the Model if interested must communicate to the agency that he/she has accepted the offer either by words or by his/her acts or in writing. A Model just accepting in his/her mind is not enough, such Model must communicate his/her intention to join the agency. So also an agency who gets applications from models must communicate to the models picked acceptance of their offers. If a Model applies to an agency and does not get a reply from them within a reasonable time, that does not amount to acceptance by the agency even though the agency has it in mind to accept the Model’s application. The agency has to communicate acceptance to the Model and also rejection. It is also important to note that any acceptance is made subject to fulfilling a condition is not a valid acceptance. For example, where an agency tells you that your application can only be accepted on one condition, you have to cut your hair, you have to lose extra pounds, you have to take care of your skin, your contract with any other agency must have expired, that does not create a binding contract except these conditions are fulfilled.
Sometimes a person making an offer may require that the communication of acceptance must be in a certain way, either by a phone call, or a mail or by letter and so so. In this case, the requirement of communication must be followed as prescribed by the offeror. So when an agency asks you to communicate your response to them by a telephone call, do so, if it is by an email, do so. Where the person who made the offer doesn’t give any instruction on how the acceptance should be communicated, then if an offer is made to you by a telephone call, communicate acceptance by a phone call, if its is by an email, communicate acceptance by email, if an offer is made to you by words of mouth, do so or if that is not possible, send a mail or a text especially if the agent gives you his/her number or email address.
When an offer is terminated
There are different ways in which an offer made may be terminated. It could be by revocation, by lapse of time, by the death of the person who made the offer or the person to whom the offer is made and by rejection.
An offer terminated by revocation occurs when an offer is revoked anytime before acceptance is made or communicated. It is desirable that the person who made the offer must communicate to the person whom he made the offer to of his revocation.
An offer can be terminated if there is no acceptance after an appropriate lapse of time. For example, when an agency communicates to you of its intention for you to join the agency and gives you three months for you to reply to their offer. If you don’t reply within three months, after the three months, the offer has been terminated. However if the agency does not give you a time for you to reply, you are expected to reply within a reasonable time.
So also where the person to whom an offer is made heard that the person who made the offer to him has died, he cannot therefore validly accept his offer. So also if the offeree dies.
An offer is terminated if rejected by the person to whom an offer is made. However a rejection does not terminate the offer until it is communicated to the person who made the offer. So when a Model applies to an agency and the agency rejects the Model’s application, the agency should be polite enough to reply the Model that his/her application has been rejected so also when an agent asks a Model to come and join his agency.
Thank you all for reading, in my next post, I am going to talk about consideration and the Law of agency.
Today I am talking about contract but it is going to be simplified for you to grasp my point. I am going to relate it to a Model and her agency.
Simply put, a contract is an agreement between two or more persons which is binding on them. But in Law, a contract is defined as an agreement which the Law will enforce or recognise as affecting the legal rights and duties of the parties. It can also be defined as a promise or set of promises the Law will enforce. For a contract to be valid and enforceable by law, purpose and intention of the people or parties involved must be mutual and their must be consideration. Consideration can be in form of money or rendering of services.
There are 3 classification of contract. There is the formal contract and simple contract. A formal contract must be in writing or may be typed on a paper. Under formal contract, there is also something called a contract made by deed. A deed for it to be valid must be completed and given full legal effect by the signing, sealing and delivering of it by the party executing to the party in whose favour it is executed. A person executing a deed must now either sign or make his mark in addition to sealing for the contract to be valid. A contract under deed will still be valid even when there is no consideration. A simple contract is defined as all contracts other than formal contracts. They may be in writing or oral. The distinction between these two forms of contract is that the validity of a simple contract is derived from the presence of consideration.
There is also another form of contract known as express and implied contract. An express contract is one when the terms of the contract are clearly stated. For example, modelsdiarys' agency calls for an open casting call to all interested Model to join its agency. Some models were picked and the models were subsequently given contracts to sign. All the terms will be well spelt out in such agreement and a contract comes into existence after the Model has read the terms and agreed to the terms therein. In the case of implied contracts, the terms are not expressly stated. The court will normally assume the existence of a contract from the conduct of the parties even though there was no express agreement between them. For example, a Modelsdiarys agency gives a Model a contract to sign which the Model fails to sign, but Modelsdiarys gives the Model jobs and gets it cuts after paying the Model. No contract is signed, but Modelsdiarys and the Model have been acting on the terms of the unsigned contract especially if it is over a period of time.
So right now, we are going to another aspect of the Law of Contract, the elements of a contract. The elements of a valid contract are offer, acceptance and consideration. For a contract to exist, they have to be an offer by one party to another and an acceptance by the person to whom the offer is addressed.
Offer
An offer simply put is a promise made by one person with the intention that it shall become binding on the person making the promise as soon as it is accepted by the party to whom it is addressed. An offeror(person making the offer) must place at the feet of the offeree(person to whom the offer is made) a clear intention and desire to enter into a contract with the person to whom the offer is made. An agent scout who spots a Model and invites her to come sign under the agency is an offer made to the Model by the scout on behalf of the agency. There is no limit to the number of people an offer can be made to. A contract comes into existence only between the person making the offer and the person or persons responding to the offer and accepting it. A offer(not a contract) can be made not only to individuals and group of persons, but to the whole world. An offer can be made in writing, in words or by conduct.
Under offer, there is something also known as invitation to treat. If an offer is in form of a preliminary move in negotiations which may lead to a contract, it is not an offer, but an invitation to treat. An invitation to treat not being an offer but a phenomenon preceding an offer is not capable of forming a contract upon acceptance. For example, modelsdiarys advertises on Facebook, Instagram, twitter, and their website that they need new models to sign under and agency and interested models apply to their agency with pictures or should come for their casting calls, modelsdiarys advertisement cannot constitute an offer because they have the right to reject some applications from models they think do not fit their brief. It is the application made by these models in response to the advertisement that is recognised as offers and when Modelsdiarys accepts some of these applications, a contract will emerge between Modelsdiarys and the Model's whose application were accepted. So also, if you apply to an agency to be signed under them, an agency has a right to reject your offer by telling you they are not accepting new faces right now till some time later. So in other words, applications made by a Model to an agency or a Model going for an agency's casting is actually an offer made by the Model because the agency has no clear intention to sign you yet. But if the agency sees you, likes your looks and invites you to its office and tells you of its intention for you to sign with its agency, that is an offer made by the agency and it is left for you to accept or reject the offer.
Acceptance
An acceptance is a final and unqualified expression of assent to the terms of offer. Simply put, an acceptance of an offer is the reciprocal act or action of the person to whom an offer is made in which he indicates his agreement to the terms of the offer made by the person who makes the offer. An acceptance may be manifested by words, by conduct or by documents passing between both parties. An acceptance by conduct will amount to proper acceptance if it is shown that the person to whom the offer is made to did the act with the intentions of accepting the offer. So therefore if a person is ignorant of an offer made, his acts cannot amount to an acceptance. For an acceptance to be valid, there must be external manifestation of assent, some words must be spoken or some act done by the person to whom the offer is made or its agent.
Acceptance must be communicated to the person who made the offer. Silence or an intention to accept does not amount to acceptance, intention must be coupled with act to amount to acceptance. So what I am saying here is when an agency makes an offer to a Model to sign with the agency, the Model if interested must communicate to the agency that he/she has accepted the offer either by words or by his/her acts or in writing. A Model just accepting in his/her mind is not enough, such Model must communicate his/her intention to join the agency. So also an agency who gets applications from models must communicate to the models picked acceptance of their offers. If a Model applies to an agency and does not get a reply from them within a reasonable time, that does not amount to acceptance by the agency even though the agency has it in mind to accept the Model’s application. The agency has to communicate acceptance to the Model and also rejection. It is also important to note that any acceptance is made subject to fulfilling a condition is not a valid acceptance. For example, where an agency tells you that your application can only be accepted on one condition, you have to cut your hair, you have to lose extra pounds, you have to take care of your skin, your contract with any other agency must have expired, that does not create a binding contract except these conditions are fulfilled.
Sometimes a person making an offer may require that the communication of acceptance must be in a certain way, either by a phone call, or a mail or by letter and so so. In this case, the requirement of communication must be followed as prescribed by the offeror. So when an agency asks you to communicate your response to them by a telephone call, do so, if it is by an email, do so. Where the person who made the offer doesn’t give any instruction on how the acceptance should be communicated, then if an offer is made to you by a telephone call, communicate acceptance by a phone call, if its is by an email, communicate acceptance by email, if an offer is made to you by words of mouth, do so or if that is not possible, send a mail or a text especially if the agent gives you his/her number or email address.
When an offer is terminated
There are different ways in which an offer made may be terminated. It could be by revocation, by lapse of time, by the death of the person who made the offer or the person to whom the offer is made and by rejection.
An offer terminated by revocation occurs when an offer is revoked anytime before acceptance is made or communicated. It is desirable that the person who made the offer must communicate to the person whom he made the offer to of his revocation.
An offer can be terminated if there is no acceptance after an appropriate lapse of time. For example, when an agency communicates to you of its intention for you to join the agency and gives you three months for you to reply to their offer. If you don’t reply within three months, after the three months, the offer has been terminated. However if the agency does not give you a time for you to reply, you are expected to reply within a reasonable time.
So also where the person to whom an offer is made heard that the person who made the offer to him has died, he cannot therefore validly accept his offer. So also if the offeree dies.
An offer is terminated if rejected by the person to whom an offer is made. However a rejection does not terminate the offer until it is communicated to the person who made the offer. So when a Model applies to an agency and the agency rejects the Model’s application, the agency should be polite enough to reply the Model that his/her application has been rejected so also when an agent asks a Model to come and join his agency.
Thank you all for reading, in my next post, I am going to talk about consideration and the Law of agency.
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