Jeff; One thing I have to caution you about is to be wary of any deal that requires the discounts up front. In my lifetime, I have never seen this work out positively for the video person. Indeed, if I’m in a meeting with a new client, and they throw out the old: “we’ll give you a lot of our future business, if you can cut us a price break on the first one” line, I would just smile, stand up, and walk out. Because at that point, they’ve revealed that they are scammers with no intention of paying anything, and you’ve saved yourself a lot of time and money not being sucked in.
As to getting an actual template for the “deal memo”, you really need to have a contracts lawyer write it. Consider it an investment, not an expense, and roll the cost of the lawyer’s fees into the project, or at least part of that cost. A consult over the phone or by email could be as cheap as fifty bucks, and could save you very much more.
Some of the details that will need to be covered in the deal memo would include a very specific technical specs and deliverables description, a set time schedule, how many revisions the client gets for free and what constitutes revisions that incur an extra cost, terms for the down payment and progress payments, a severability clause that explains what happens when the parties want to stop at any certain point, and who gets what, then there’s kill fees or non-refundable deposits for situations where you have had to outlay funds to retain rentals or staff for a certain date. You need a rain-out policy, defining what happens when a key factor like weather or a crew getting sick or delayed, or the client failing to show up as scheduled, prevents completion of a shoot. You need in writing who on the client side is authorized to make final decisions, who has “sign-off authority” for approvals. You need to spell out who owns the rights to the raw materials, what the client owns at completion, if and how you can use any of the product in your own advertising and promotion, such as in demo reels. You’ll need some stuff for the O&E Insurance ( omissions and errors), and you need paperwork for the IP clearance and rights to things like copyrighted music or purchased music, stock footage, etc. . And a clause about your own IP; your work product, your project files, etc. and who owns that. Because it’s not unheard of for a client to demand you turn over all the “secret sauce” you used to make the product, so they can re-use it themselves and not keep paying you for it.
THEN on top of all that, you have language that details the discount schedule and overall costs per episode.
So all of that is definitely worth fifty bucks or more to hash out in a consultation with a contracts lawyer. One benefit of having it professionally drawn up is that you will then have the “boilerplate” for other future deals as a reference.
I’m relatively handy with tools. But I don’t do my own brake jobs or electrical work. When my life and the lives of my family are on the line, I let a pro handle that work. So too should you invest the time and money to meet with a lawyer.