Reverse a release of claims contract
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Reverse a release of claims contract
I worked for a media company where I would create DIY videos and sometimes act on camera for them as well. When I was hired and also when I quit, they had me sign a release of claims contract that seems to let them use my image in perpetuity. I have since seen my image in the company’s recent social media posts and want this to stop unless they pay me residuals. Some of the social media posts receive comments that are blatant cyber bullying and this affects my emotions and mental state in a very negative way. The company is ignoring my requests to curate these types of comments.
Asked on February 14, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can only get out of the contract (assuming that it does not have some termination or cancellation clause) is if--
1) The former employer violated or breached some material or important obligation of theirs under the contract (e.g. if the contract called for payments to you, it did not make all of them), since one party's material breach can let the other party terminate the agreement.
2) You can show that they committed fraud, or lied about something important before you signed the contract, to get you to sign the agreement, since fraud can void, or undo, an agreement.
Otherwise, however, the agreement will remain binding on you.
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