* § 1034. Duties of model management companies. A model management
company shall:

1. be deemed to have a fiduciary duty to the models they represent and
shall be required to act in good faith, with the utmost honesty and
integrity, in the best interests of the models. This fiduciary duty
shall encompass all aspects of the model management company's
representation, including, but not limited to, negotiations, contracts,
financial management, and the protection of the models' legal and
financial rights;

2. conduct due diligence to ensure that any employment or engagement
procured through the model management company does not pose an
unreasonable risk of danger to the model. An unreasonable risk of danger
shall include, but not be limited to, failing to establish and
communicate a zero tolerance policy for abuse, harassment, or any other
form of inappropriate behavior;

3. use its best efforts to procure employment, engagements,
entertainments, exhibitions or performances for remuneration for the
models signed to the model management company;

4. ensure that any employment, engagement, entertainment, exhibition
or performance which requires nudity or other sexually explicit material
shall comply with the requirements of subdivision three of section
fifty-two-c of the civil rights law, as added by chapter three hundred
four of the laws of two thousand twenty;

5. provide models with written physical or digital copies of the final
agreements the model management company has negotiated with clients and
any deal memos memorializing such agreements at least twenty-four hours
prior to the commencement of a model's services pertaining to each
agreement in the language requested by the model;

6. clearly specify all items that may be initially paid for by the
model management company but will ultimately be deducted from the
compensation due to the model at the time of payment or settlement,
together with an itemized recitation as to how each item is to be
computed, provided such charges are not otherwise prohibited by this
article. On a quarterly basis, a model shall also be given copies of any
and all documentation held by or available to the model management
company necessary to determine the validity of each charge;

7. disclose any financial relationship, contractual or otherwise, that
may exist between the model management company and the client, other
than the agreement relating specifically to modeling services;

8. notify former models in writing, including electronic notification,
if the model management company collects royalties due to a model whom
the management company no longer represents;

9. post a physical copy of the model management company's certificate
of registration in a conspicuous place in the office of the model
management company and a digital copy on the model management company's
website;

10. include, in clear and legible type, the registration number of the
model management company in any advertisement, including social media
profiles for the model management company, for the purpose of the
solicitation of models for the model management company and in any
contract with a model or client; and

11. obtain clear written consent for the creation or use of a model's
digital replica, detailing the scope, purpose, rate of pay, and duration
of such use. This consent must be obtained separately from the
representation agreement.

* NB Effective June 19, 2025