Contract with customer

[Todd Terry]

Well, just to make it clear, you say…

[Olly Lawer] “the people running it are more than likely to make a loss from this project.”

Ergo, you are pretty much admitting that you’ll never see a dime on this project. If you want to do it just for fun, then do it. But don’t go into this thinking it’s a real paying job. The “contract” is completely stacked against you. Completely. There’s not one thing in it that is to your advantage, and everything in theirs.

Among the most troubling (of many things), is…

[Olly Lawer] “The video production team is responsible for all taxes / insurance occurred with revenue
streams as a result of this competition”

What the……???

That is among the craziest things I’ve ever seen in a contract.

Sounds like you are not going to be talked out of this, and I guess that’s ok. You sound like a young glass-is-half-full kinda guy, not old and jaded like me and a bunch of others in here. I was once early in my career and optimistic as well. I’ve seen myself and numerous other people enter into agreements like this either out of optimism, naivety, hopefulness, or just not knowing any better. Never once have I seen any of them pay off, either for me or anyone else I knew. Never once. Not even close.

Just be forewarned, and careful. And chalk it up later as a “life experience.”

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com

[Mark Suszko]

This was already well-covered in this classic thread by some guy…
https://forums.creativecow.net/thread/17/865818#865824

[Steve Martin]

Perhaps I’m showing my age here but…

“Danger Will Robinson! Danger!”

In all seriousness, I agree with what other are posting here. This doesn’t sound like it will end well for you.

But I’ve been wrong before… so, best of luck to you!

Cheers,
Steve

Production is fun – but lets not forget: Nobody ever died on the video table!

[Richard Herd]

It’s not their footage until they pay for it.

[Olly Lawer]

Thanks again.

So basically if I want to go ahead, ask for the contract to state:

1. That the footage rights are JOINTLY owned and that neither party can sell or otherwise any of the footage without the other parties concent.

2. Tax matters are the responsibility of EACH party for THEIR share only

3. Cost associated with the production are fronted by BOTH parties jointly, BEFORE any 60/40 split.

That should at least limit any damage a disagreement in the future might cause…right?

Olly Lawer

[Olly Lawer]

“It’s not their footage until they pay for it.”

Even if I sign it over in a contract?

Olly Lawer

[Richard Herd]

Yeah.

But you have to state that at the get go and then stand firm on their complaints. You will probably say the following sentence often: When the check clears I will immediately send the deliverable.

[John Baumchen]

You’ve been given some great advice by experienced and knowledgeable people after having asked for it. If you want to do it against their advice, go for it, but you’ve been warned.

It’s only your time….that’s all you have.

What I don’t understand is….the 60/40 split for sponsorships. I assume that the sponsor will be paying specifically for the video part of the competition? If so, then why on earth would you agree to any kind of split? You’re shooting it, editing it, and creating the DVD’s…. Why would you share sponsorship money meant to cover the video?

If it’s sponsorship of the pagent….then you should have access to the books to see how much it is.

As for rights and taxes, anyone who wants you to sign the conditions you stated IS NOT YOUR FRIEND. Let me repeat…THEY ARE NOT YOUR FRIEND.

Good luck to you.

[Olly Lawer]

Thanks for your advice. I know it sounds like I’m ignoring the good advice here. And it is sound advice. But for me I’ve left it too late. I’ve already agreed to film and edit the event and see where it leads. As I’ve said, pulling out now will do more damage than wasting my time. It’s all too true that in hind sight I might look back and regret it – but I am where I am.

What this post was more about is limiting the risk to me. That’s what’s important now.

As I understand it with regards to the footage and them owning the rights, they want to protect themselves from me running off with the footage.

I am keen to know from those more experienced than me would do tomorrow – considering all that I have said and imagining you were in the same place, having made the decisions I have.

Olly Lawer

[Mark Suszko]

Olly, to answer specifically what you’re asking, at this point I wouldn’t give a flip about the footage, I’d be primarily interested in getting paid, full stop, and would have zero interest in the client’s issues with their own bills. Your only tax concern is income tax on the pay they give you, because you’ve agreed essentially to a work for hire situation.

Your clause as regards your sample portfolio should be I think a separate deal memo on the side. Word it simply: DEAL MEMO: client company xyz gives Olly L permission to use samples of the ABCD footage shot on (date) for purposes of portfolio and self promotion only. Olly L agrees not to sell, give away, or market said footage in any way without company XYZ’s permission.
Not a lawyer, (as my mom continually reminds me) but that memo by itself, stand-alone, should be pretty good indication to a judge that they are letting you show samples for your reel and not trying to profit off their wider production.

Remember though that anybody can sue anybody for anything at any time: what counts is what can be proven in court, once they drag you there, and can you (or they) afford the costs of the process, win or lose. If you have to go to court over anything, in a basic sense, you’ve already lost. Lost the time and money and energy and etc. to defend yourself or to win. The best strategy is to keep it out of court if at all practical. Leave a clear paper trail. Get everything in writing.