Steve Martin
Forum Replies Created
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It very well could be their “standard contract” but just as your contract was written by your attorney to protect your interests, theirs was too. Read the contract very carefully. Better yet, have your attorney read it. What you’re looking for is any language that specifies terms that you might simply never agree to.
When everything goes as planned, the client get’s their video & pays the bill. Everyone is happy and there is no reason to go back to review the contract terms.
But when problems or disagreements pop up during the course of the project, it’s the contract agreement that dictates what is supposed to happen. Make sure you can live with that contract agreement.
While it’s not typical for a client to bring their own contract, it is certainly not unheard of. They’re just looking to define the terms of the agreement that is most favorable for themselves. So are you.
Production is fun – but lets not forget: Nobody ever died on the video table!
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Disagreements are often about money & creative control, which appear to be at the root of your problem.
This is why contracts are so important. When well thought out and well written, a good contract spells out the “what if” situations that can lead to disagreements. But since that train has already left the station, you need to focus on the situation as it is now.
Two questions come to mind:
1) Was your initial purpose in doing the project to get the experience of working on a documentary? If so, you may have already reaped (at least some of) the rewards of your labor in the form of the experience. Especially if you’re happy with the end result. No amount of bickering with others can take that away from you. Being able to show your work to others may lead you to other work in that field.
2) Does this project have any serious potential to make money in the future? If so, you want to do what ever you can to maintain your 30% interest in it. And yes, getting that in writing is a good thing. Get an experienced lawyer to represent you in that to make sure the document spells out how “profits” are determined. That’s a tricky game in where a film that has grossed millions can “lose money.”
[Jake Stutzman] ” Since I won’t turn over the project file they decided they just want all the raw footage from me (I have the only copy of all the film’s footage) and want to do the editing themselves. I assume they would not compensate me for any of the work I’ve done so far which has added up to be a considerable amount.”
From the sounds of it can I assume that the relationship has deteriorated? If so, hard ball may be in order. You need to figure out what you want (and can’t live without) and demand that without apology before you hand anything over.
However, if the relationship can be salvaged or repaired and that’s the outcome you want, soften your approach and try to strike a deal that gives them what they want without short changing yourself.
Often times the tone of your approach is what determines the outcome, not just the substance.
Production is fun – but lets not forget: Nobody ever died on the video table!
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Amen!
Production is fun – but lets not forget: Nobody ever died on the video table!
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Hi Shane,
I agree that there are labels based on the type of work and recording medium that are still somewhat defined (but those lines are starting to blur).
Nonetheless, I’d approach it from a different angle: Call yourself whatever is consistent with your other marketing efforts.
So if you are positioning yourself for the high-end wedding market, everything that defines your business to the public (name, slogan, stationary, business card, elevator pitch, website design, advertisements, etc…) should reflect an image that appeals to your target market. The rest of the world is somewhat irrelevant.
I hope this helps!
Production is fun – but lets not forget: Nobody ever died on the video table!
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You Bet!
Production is fun – but lets not forget: Nobody ever died on the video table!
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Hi Dylan,
Building a studio isn’t cheap – but there are things you can do to control costs. We just finished building a small insert stage last December.
The biggest challenges were to get enough electric for lighting and enough A/C to keep the place cool (we’re in Florida) without having A/C noise.
We also had the idea to make it available to other production companies but didn’t want them to feel like they were bringing their client to a competitor. That’s why we branded it separately from our production company.
We learned a lot of lessons along the way that I’ll gladly share with you. If you’d like, check the studio out at https://www.GreenSlateStudios.com and send me a private message with any questions.
Good luck!
Steve Martin
Omni Productions
Orlando, FLProduction is fun – but lets not forget: Nobody ever died on the video table!
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Hi Mick,
I think I agree with Neil. If you have a long term client (A) that pays their bills (albeit a bit slow) there’s no reason to alienate them. Focus your immediate attention on Client B and develop that relationship.
There’s a good chance that Client A (given their pace of getting you information and feedback) will not even notice that they’ve been put on the back burner.
If you get into a log jam with multiple deadlines/deliverable and your business/service model lends itself, you may be able to get some freelance help to do some functions in background (image prep, capturing, assistant editor type of work) while you remain the face to your client.
If that’s not possible and/or it becomes as issue for Client A and you’re forced to make a choice – do what you have to do. But I would try to accommodate both clients for as long as you can.
It may not feel like it, but you are in a very enviable position. You’re just experiencing growing pains – and that’s quite a feat in today’s economy!
Good luck to you!
Production is fun – but lets not forget: Nobody ever died on the video table!
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Hi Greg,
We recently had a similar situation. A promise for lots of work over a period of time – except it was a smaller client. He wanted a discount upfront – but all the future work was undefined. I resisted his plea to set-up pricing based on the “big picture.” Instead, we agreed to pricing based on each individual project with payment due dates clearly spelled out.
From your post, it sounds like you’ve got a “real client” with a “real plan.” Nonetheless, it many be easier (and represent less risk) to keep track of one thing at a time.
My advise: I would define scope and payment of each project as a separate contract. If after several projects you feel more comfortable with a macro approach it’ll be based on actual history with the client instead of promises.
Good Luck!
Production is fun – but lets not forget: Nobody ever died on the video table!
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James,
Not having a lot of samples is an uphill battle – no doubt. But it’s not insurmountable. In the end, you have understand your customers and what matters to them. They want their day to be “perfect.” And they want a video to help them (and their future kids) to remember and relive it.
So Mark’s advise is spot on. Dress the part and put your best foot forward with the samples you have. Be creative do your best. Sure, some will dismiss you because you don’t have a track record. But if not now, when?
In the past, may folks just getting started would simply cut their price to attract bargain shoppers. But budget minded clients will have budget minded events. At budget venues. Often with budget minded friends. Which begets budget minded referrals.
So when marketing (at a trade show or otherwise) don’t think of the attendees as just sales prospects and potential revenue. Just as important, think of them as future demo material.I feel like I’m going back about a hundred years from when I shot weddings, but marketing is still marketing and I still use the techniques that learned back in the day. When you lack enough demo material for a certain feature, (say multicam coverage or a special editing feature) offer it at a discount – but only to the right prospect. But there’s a catch – you have to get something valuable in return.
This is an example that used nearly 20 years ago with great success. In the early 90’s I bought a slo-motion S-VHS deck that cost me a ton (JVC 525 – about $8k of so). This was long before non-linear editing made this as easy as a mouse click. So I offered highlight videos with beautiful slo-mo effects and gave the editing technique a cute name and charged several hundred bucks for it.
To promote it, I picked out a few attractive weddings (both the people and the venues were attractive) and offered it to them for free if they would agree to an on-camera interview about our service after the event.
They got a great deal, I got a great demo and an on-camera testimonial to boot. Within a a few months, I didn’t have to give it away ever again and over the years that $7k investment made me many times the initial investment. Not just in revenue form the add-on sales – but it helped me get more higher caliber clients.
Similarly, at the show when you come across a bride that might represent good demo material and seems interested in your service, make the pitch… “Oh, so your having your reception at the xyz club. I’m looking to shoo there – the yada yadas are really beautiful there…” and see if they bite.
Obviously, you need to adapt and adjust for your strengths and your market, but that’s what we all have to do to stay in business! Just don’t cheapen yourself by just lowering the price without getting something valuable in return.
Just a thought… Good luck!
Production is fun – but lets not forget: Nobody ever died on the video table!
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Hi Greg,
Omni Productions: We have HPX300-P2 cam, AF100 and Z-7 cam packages along with lighting, grip and audio.
Check out our website: https://www.OmniNewMedia.com
Thanks,
SteveProduction is fun – but lets not forget: Nobody ever died on the video table!