Reverse a release of claims contract

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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