Recent Answers to Maryland Law Questions

Randy M.

Answered Feb 3, 2026

ContractsCounsel operates as a marketplace connecting clients with attorneys through a competitive bidding process. Here's how it works: You post your legal project on the platform with details about what you need. Attorneys review posted projects and submit bids that include their proposed fees and qualifications. You review the bids, compare attorney profiles and pricing, and select the attorney that best fits your needs and budget. You work directly with your chosen attorney to complete the project. ContractsCounsel does not charge a separate platform fee for clients. You pay only the attorney fee that you agreed to when you accepted their bid. This fee is negotiated directly between you and the attorney through the bidding process. Of course you also have the option to not accept any of the bids. The benefit of this model is that you control costs by reviewing multiple bids and selecting the attorney whose pricing and qualifications match your requirements. I hope that helps! Best regards, Randy

Randy M.

Answered Sep 13, 2025

For influencer agreements, make sure the contract spells out exactly how and when you’ll get paid. If it’s a flat fee, the amount and payment date should be clear. If it’s commission-based, you should know how sales are tracked, when you’ll see reports, and how disputes get handled. Watch for terms like “net 60” or “payment upon approval,” which can delay things. If you’re putting your own time and money into content, it’s fair to ask for partial payment upfront. Scope of Work and Deliverables Don’t leave anything open to interpretation. The contract should list how many posts you’re creating, what kind (Reels, TikToks, Stories, etc.), any required hashtags, and when everything needs to go live. Watch out for vague phrases like “other content as requested.” That’s a red flag and can easily lead to extra work without extra pay. Creative Control and Revisions Most brands want to approve content before it goes live, and that’s normal. But unlimited rounds of revisions can drag things out and kill your creative voice. It’s reasonable to allow one or two rounds of edits, tops. That way, you stay in control of your content and timeline. Exclusivity and Non-Competes If the brand wants exclusivity, make sure it’s specific. A clause that says “no competitors” could stop you from working with tons of other brands. Ask for clarity. Something like “other organic skincare brands” is more reasonable. Also, check the time limit. Thirty to sixty days after your last post is common. If they want more, they should pay more. Usage Rights and Ownership This part is big. Unless they’re paying you a premium, you should keep ownership of your content. It’s fine to give the brand a license to use it, but that license should be limited—by time, by geography, and by platform. For example, they can post it on their social media for six months, but not run it in ads forever. Be careful with phrases like “perpetual, worldwide, royalty-free rights.” If that’s in the deal, the payment should reflect it. FTC Compliance Whether or not the contract mentions it, you’re legally responsible for disclosing any brand partnerships. That means clearly tagging posts with #ad, #sponsored, or something similar. The FTC requires it, and if you skip it, you could get hit with enforcement (not just the brand). So don’t cut corners here. Termination and Cancellation Look at how either side can end the agreement. If the brand can cancel at any time, try to negotiate a clause that pays you for any work you’ve already done. The same goes for you. If you need to walk away because they don’t pay or violate the terms, you should still be compensated for what you delivered. Indemnification and Legal Risk You might see a clause that says you’ll cover the brand’s losses if your content causes a legal problem. That’s not unusual, but it should go both ways. If their product claims get you in trouble, they should protect you too. At the very least, your responsibility should only cover things in your control—like posting false claims or using copyrighted material without permission. Morality and Behavior Clauses These are meant to protect the brand’s reputation, which makes sense. But the language should be clear. It’s fair for them to back out if you’re charged with a crime or do something serious that reflects poorly on them. But avoid vague wording like “anything the brand believes could hurt its image.” That kind of clause is too subjective and risky. Governing Law and Disputes Always check which state’s laws apply and where disputes have to be resolved. If you’d have to fight a legal battle across the country, that’s a problem. It’s worth asking to use your home state’s laws or suggest neutral arbitration instead of court. Experienced contract attorneys at Contracts Counsel can guide you through drafting or reviewing your Influencer Agreement to make sure you're fully protected.

Randy M.

Answered Sep 10, 2025

Agencies often include early termination clauses that require a model to pay a fee if the contract is ended before the agreed term. Whether such a clause is enforceable depends on how it’s drafted, how large the fee is, and what state law applies. When Fees Can Be Enforceable Courts will enforce an early termination fee if it functions as a legitimate "liquidated damages" clause. That means the fee must represent a reasonable estimate, made at the time of signing, of the damages the agency would likely suffer if you left early. In modeling, agencies sometimes argue that damages are hard to measure because they involve not just lost commissions, but investments in test shoots, comp cards, web placement, or training. If the fee is tied to those actual expenses or a reasonable forecast of lost income, there’s a stronger chance it will hold up. When Fees Cross the Line If the fee is punitive rather than compensatory, courts typically strike it down. A flat $20,000 penalty whether you leave in month one or month twenty-four is a good example of a term that looks like a penalty. In the same way, if the agency invested little or nothing in you but still demands a large fee, a court would likely view the provision as disproportionate and unenforceable. Language in the contract matters here. If the clause is described as a “penalty,” that’s almost always unenforceable. Entertainment and modeling contracts are subject to additional scrutiny in certain states: • California: Talent agencies must be licensed under the Talent Agencies Act. The Labor Commissioner has authority to review and void unfair contract provisions. • New York: The General Business Law (Article 11) regulates employment agencies, including modeling agencies. More recently, the Fashion Workers Act has introduced protections to prevent abusive contract practices. • Other jurisdictions: Some states have “cooling-off” or rescission rights in service contracts, though these usually apply to consumer contracts rather than modeling agreements. Still, local labor or consumer protection laws can limit what an agency may charge. Practical Factors Courts Consider • Whether damages were genuinely uncertain at the time of contracting. • Whether the amount is proportionate to the agency’s actual investment or anticipated loss. • Whether the fee decreases over time as the contract runs its course. • Whether industry standards support the size or structure of the fee. • Whether the provision is unconscionable, either procedurally (presented as a take-it-or-leave-it contract) or substantively (so one-sided or oppressive that it’s unfair). Next Steps Review whether the contract calls the fee “liquidated damages” and whether it explains how the number was calculated. If it looks arbitrary or grossly out of proportion to the agency’s investment, you may have grounds to challenge it. Since statutes and case law vary widely by jurisdiction, the best step is to have an attorney experienced in entertainment or employment law in your area review the contract. The attorneys at Contracts Counsel would be happy to assist you.

Randy M.

Answered Sep 8, 2025

A Release and Waiver Agreement signed solely by a minor is generally not enforceable. Minors, typically defined as under 18 in most jurisdictions, lack contractual capacity. This means they cannot be held to most agreements because the law recognizes that children often lack the maturity to understand the consequences of binding legal commitments. Any contract they sign is voidable at their option, which means the minor can disaffirm it while still underage or for a reasonable period after reaching adulthood. Why a Minor’s Signature Alone Is Not Enough In your situation, the child signed the waiver without a parent or guardian. That creates several legal problems. First, there is no valid contract formation because the minor has no legal capacity to bind themselves. Second, even if you treated the waiver as effective, the minor could disaffirm it at any time, leaving you without protection. Third, courts are particularly wary of liability waivers for children’s activities. Public policy favors protecting minors, so judges are reluctant to allow event organizers to shield themselves from responsibility based solely on a document signed by a child. The Role of Parental Consent If a waiver is going to have any chance of being upheld, it must be signed by a parent or legal guardian. Even then, the law is not uniform. Some states permit parental waivers for recreational or voluntary activities if the terms are clear and unambiguous, while other states reject them outright as a matter of public policy. For example, California courts have enforced parental waivers in youth sports programs, while courts in New Jersey and Illinois have refused to enforce them. A properly drafted waiver should name the child, clearly spell out the risks, and show that the parent understands and accepts those risks. Implications for Your Event Since the waiver in question was signed only by the minor, it provides no meaningful protection. If the child were injured, the parents could still bring claims for medical expenses, pain and suffering, or other damages. Your organization would have no defense based on the waiver. Even if a parent had signed, the enforceability would still depend on your state’s laws and whether the waiver language met local requirements. Best Practices Going Forward For future events, you should require that every participant under 18 has a waiver signed by a parent or legal guardian. Make sure the agreement identifies both the child and the signing adult, and ensure the waiver language is easy to read and unambiguous. In addition, review your liability insurance coverage with your carrier. Insurance is your strongest line of defense because even enforceable waivers can be challenged, and litigation costs can be significant. Finally, you may want to have your waiver reviewed by a lawyer familiar with the specific state laws governing youth sports and recreational programs, as enforceability can differ dramatically from one jurisdiction to another. On Contracts Counsel, you can connect with an experienced contract attorney who can review your waiver and advise you on the best way to protect your organization

Randy M.

Answered Sep 6, 2025

Yes, you can transfer rights to your photos, but the type of agreement you use determines what rights the client actually receives. A standard Photography License Agreement typically gives the client permission to use your photos under defined terms while you retain ownership of the copyright. If your client is asking for full ownership, that requires something more: a written copyright assignment. Licensing vs. Copyright Transfer When you license your photos, you’re giving the client a right to use them for specific purposes—say, for a website, in print ads, or across social media. You still own the images and can license them to others unless the license is exclusive. A license can be narrow or broad. For example, you might grant a non-exclusive, perpetual, worldwide license for all commercial uses, or limit it to a single use in a single country for one year. Everything depends on the terms you set. This is the most common arrangement in freelance photography because it preserves your ability to earn future income from the same work. Transferring the copyright, on the other hand, means giving up your legal ownership altogether. The client becomes the new copyright owner and gains the exclusive rights to reproduce, distribute, display, modify, or even re-license the work. You can no longer use or sell the photos yourself unless you retain certain rights in the agreement. A copyright transfer must be in writing and signed by you under 17 U.S.C. § 204(a). If the client wants full ownership, you either need a standalone Copyright Assignment Agreement or include a clearly written assignment clause in your contract. Key Clauses for Either Option Regardless of whether you're licensing or assigning rights, your agreement should be explicit about what’s being granted. First, clarify the scope of rights by identifying what the client can and cannot do with the images. List permitted uses such as commercial, editorial, or personal, as well as the geographic territory, time limits if any, and whether the client may modify or sublicense the photos. Next, define the compensation structure, whether it is a flat fee, based on royalties, or conditional on specific uses. Then address any rights you intend to retain. For example, even in a full copyright assignment, you might include a license-back clause that allows you to use the images in your portfolio, marketing materials, or for competition entries. Don’t overlook technical details. List exactly what the client will receive: number of photos, file formats, resolution, editing level, and delivery method. If you're not providing RAW files, say so. If delivery is contingent on payment, make that clear too. Red Flags and Special Situations Be cautious about contracts that include “work for hire” language. Under U.S. law, a freelance photographer’s work doesn’t qualify as a work for hire unless it meets specific statutory categories and there’s a written agreement that uses that exact term. Otherwise, you're the default copyright owner. Clients sometimes insert the "work for hire" clause by default, but agreeing to it without understanding the implications can strip you of your rights from the moment the photo is created. If you're considering a copyright transfer, ask yourself whether you’re comfortable never using those images again, even for your own marketing. If the answer is no, consider negotiating a broad license instead, or insist on a license-back provision. You can always charge more for a full transfer since you're giving up long-term control and potential revenue. And remember, copyright assignments are permanent unless otherwise stated. If the client doesn’t use the images or disappears, you don’t automatically get the rights back. You’d need to build in a reversion clause if you want the rights to return to you after a certain period or under certain conditions. If you're navigating a licensing agreement or copyright transfer and want legal guidance, the attorneys on Contracts Counsel can help you get it right.

Randy M.

Answered Aug 30, 2025

Given the recent legal developments around non-competes, here's exactly where things stand for your situation: Where Things Stand: The FTC Ban Isn’t Active The Federal Trade Commission did try to ban most non-compete agreements across the country, but that rule was blocked by a federal court in Texas on August 20, 2024. The ruling included a nationwide injunction, which means the FTC can't enforce the rule at this time. They’ve already appealed, but for now, nothing has changed legally. So, we’re still in a state-by-state landscape when it comes to whether your non-compete is actually enforceable. So Can Your Employer Enforce It? That depends on where you live and the details of your agreement. Courts usually look at whether the restrictions are reasonable, and they focus on three main areas: 1. Timeframe: Most courts consider anything from six months to two years fair, depending on your role and industry. Anything longer tends to raise red flags. 2. Location: The restriction has to make sense based on where your employer actually does business. If it tries to block you from working anywhere in the country, but your employer only operates regionally, that could be a problem for them. 3. What You’re Being Blocked From Doing: The agreement has to be targeted. It should protect real business interests like client relationships, proprietary methods, or sensitive information. It can’t just exist to shut you out of the market. Why Your State Matters The enforceability of non-competes can vary a lot depending on where you are. A few states have almost completely banned them—California, North Dakota, and Oklahoma, for example. Others still allow them but have been tightening the rules, especially for lower-income employees. Many have added salary thresholds or narrowed which industries can use them at all. What Happens If You Break It? If your non-compete is enforceable and you go against it, your former employer might: • Ask the court to stop you from working at your new job immediately • Sue for money if they can prove you caused financial harm • Make you pay legal fees, depending on what your contract says Even if the clause wouldn't hold up in court, it can still create problems. Just the threat of legal action can be expensive and stressful. Plus, some potential employers may steer clear of hiring someone with a non-compete, even if it’s questionable. What You Should Do Next • Read your agreement closely. Pay attention to how long it lasts, where it applies, and what it actually prohibits. • Look up your state’s laws. That’s the key to figuring out whether the agreement holds water. • Talk to an employment attorney. A short consultation can give you clarity and protect you from missteps. • Think about your new role. If the new job is different enough or doesn’t involve the same clients or confidential information, that can help your case. So, yes, the national situation is in flux, but the practical reality is that non-compete law is still very much a state-by-state issue. Don't assume you’re stuck, but don't make any moves without legal advice either. Since every non-compete is different, it can really help to have a lawyer review yours and explain what it means. Attorneys here on Contracts Counsel would be happy to help.