Hey there, my little money-making enthusiasts! 💸 Today, we’re diving into the legal side of something that’s become a big part of the OnlyFans world — agencies. It’s important to note that when I talk about contracts and their applications, I’m focusing on countries where adult content is legal and the agreements you enter into are enforceable in court.
Why This Discussion Matters
- The nature of the contract between the agency and the model (and team members) defines the rights and responsibilities of each party, which directly impacts liability.
- Different contracts can affect how taxation is administered in various countries.
Key Points to Consider
- Ownership of the Profile: The model is the sole owner of their profile. This is clearly stated in OnlyFans’ licensing agreement and is a solid legal fact.
- Primary Recipient of Funds: The model is the primary recipient of funds from the platform. When OnlyFans is asked about who receives payments, they provide information about the models (the profile owners). What happens to that money afterward is not the platform’s concern; legally, the model has full control over it.
Why am I emphasizing this? Because it completely changes the legal landscape when considering the relationship between the agency and the model. We can’t view this through the lens of “employee-employer.” Even if your contract is disguised as a civil law agreement, we can’t treat it as an employment contract.
So, we’re left with genuine civil law agreements where the model is at the center and acts as the client for the agency’s services.
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What Services Are We Talking About?
🤓 The nature of the services determines the essence of our contract.
📞 If the agency is solely responsible for finding service providers, it’s a standard agency agreement. This means the agency enters into deals on behalf of the model with third parties (like chatters, traffic sources, etc.) but at the model’s expense (and the services are paid for exclusively with the model’s earnings).
In this case, if the agency is the party in the deal with third parties, the rights and obligations belong to the agency, not the model. If the agency acts on behalf of the model, then the model holds those rights. This affects the right to demand quality service and the obligation to pay third-party providers.
How does this impact tax administration? It’s simple. Under an agency agreement, all expenses for third-party services are treated as costs incurred by the model.
Moving on to Production Agreements
🏋️♀️ Now, let’s talk about production agreements, which are probably the most common scenario.
If the agency not only finds contractors but also manages their activities, and if the agency has its own traffic sources, chatters, coaches, brand strategists, psychologists, etc., that are part of the agency’s infrastructure and are paid for by the agency, then we’re looking at a production agreement.
In this case, all third-party services are treated as expenses of the production center (commonly referred to as the agency).
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Key Differences Between an Agency and a Production Center
The main difference is that the model has the right to demand from a production center. With an agency, there’s not much to demand — just timely sourcing of service providers and payment for their services. With a production agreement, the model can demand everything. These relationships essentially create a “turnkey earning organization,” where the model only needs to send content to the agency on time.
But the big question is: how do these relationships affect what happens to the OnlyFans profile if the collaboration ends?
With an agency, they simply step aside and move on.
But with a production center, it gets more complicated and interesting.
🔥 According to section 8(c) of the Terms of Service (https://onlyfans.com/terms), OnlyFans doesn’t care about third-party involvement in creating and promoting profiles. When registering a profile on OnlyFans, the model guarantees that they hold exclusive intellectual property rights to the content they post. Failing to comply with this rule gives OnlyFans the right to delete the profile or suspend its monetization.
🔥 Now, imagine if there’s a contract between the model and the production center that grants the producer exclusive rights to the content created. What if that producer suddenly presents this contract to the platform? You can figure out the implications from there. I’d ask if you’ve tried to implement this, but I know you probably don’t care about contracts. So, I’ll just quietly read another horror story about a model who left an agency with all their hard work.
Stay savvy, my friends! 💋✨
With love,
Rundalya 💖
OnlyFans Model & Sexologist 🔗 linktr.ee/rundalya
Contacts:
Channel for Onlyfans models: https://t.me/alonedrops
My Onlyfans blog: https://rundalya.fun/blog/
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