Exclusivity Clauses in Modelling Contracts

You’ve made it. The casting call turned into a campaign. The paperwork lands in your inbox. You’re halfway through your oat milk latte when you spot it:

“The model agrees not to participate in campaigns for competing brands for a period of 12 months.”

It’s subtle. It’s legal. And it’s called an exclusivity clause.

At first glance, it feels flattering. They want you, and only you. But before you think you’ve just signed a Dior-level deal, let’s pause — and read between the legal lines.

As a lawyer who’s seen these clauses in multiple industries — even in my own legal contracts — let me tell you this: Indian law does not support any agreement that unfairly restricts your right to work. Even if you signed something that says, “You won’t model in XYZ category for a year,” chances are, it won’t hold in court. Because the law protects your right to livelihood.

Let me give you a personal example.

In one of my earlier contracts (in the tech industry), I was asked to agree that I wouldn’t work with any company even remotely connected to that field for an entire year after I left. Wild, right? But legally? Unenforceable. That clause had no real power — because it tried to limit my career beyond what was reasonable.

The Delhi High Court confirmed this exact principle in June 2025. In Varun Tyagi v. Daffodil Software Ltd. (FAO 167/2025 & CM APPL. 36613/2025), the Court held that:

“A clause that curtails a professional’s ability to earn a livelihood must pass the test of proportionality and reasonableness. It cannot extend beyond the scope of protecting legitimate business interests, such as confidential information, client data, or proprietary methods.”

This is a win for everyone who signs creative contracts — from models to makeup artists. Because it affirms that your right to work is not negotiable, even if it’s buried under fine print.

So how does this apply to you, as a model?

Say you just walked a show for a luxury shoe label. Your contract says you can’t model for any other shoe brand for 6 months. If your next campaign is for a fast fashion label, and you’re not leaking anything confidential from the luxury brand’s lookbook — you are absolutely allowed to take that job. Why? Because general competition isn’t illegal — stealing trade secrets is.

Here’s what actually counts as a “protected” detail in exclusivity discussions:

Pre-launch visuals or sketches of unreleased collections
Behind-the-scenes product concepts
Confidential pricing structures or launch dates
Studio setups, unique design IP, or campaign direction that hasn’t gone public yet

As long as you’re not walking into your next gig carrying confidential intel from the last, you’re safe. You’re legal. You’re free.

This is your reminder:
Exclusivity isn’t a trap — it’s a tactic. And unless it’s tied to protecting private brand information, it has no legal claws.

If a brand asks you to pause all other work for months, ask them: Why?
If the answer isn’t “to protect sensitive data,” you can push back — or walk away.

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