* § 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 company policy that equals or exceeds the minimum
standards provided for by existing laws that address abuse, harassment,
or any other form of inappropriate behavior towards models represented
by the model management company or model management group;

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

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: (a) a
deal memo memorializing agreements, which includes the remuneration and
compensation such model shall be owed upon conclusion of services that
the model accepts, as soon as reasonably practical prior to the
commencement of a model's services, and (b) the final agreement
negotiated with clients in relation to such booking in the language
requested by the model making best efforts to sign the contract ahead of
booking, provided that the final agreement shall be provided to the
model within seven calendar days of the conclusion of the model's
services;

6. clearly specify and seek prior written approval from the model of
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 from the model for any 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