I'm going to be doing some work for a client coming up, they provided ME with a contract, instead of the other way around. Is this a allright way to go, or should I provide HIM with a contract? Im just curious that if many video guys will hand over all the raw footage at the end of the night, as Im only shooting, and not doing any work in post. I x'd out any of his info. Comments would be helpful!

PRODUCTION AGREEMENT


The following is a legally binding agreement between: Travis Bowers/AKA Top Notch Video Productions www.top-notchvideo.com and xxxxxxxxx. It can not be changed or altered in any way shape for form with the written consent of all parties involved.

In consideration of monies received, I X___________________________ (here on in referred to as Independent "Contractor") agree to provide video services on xxxxxx from xxx. to xxxx.

In addition to the above aforementioned, Contractor agree's to the following terms and conditions as detailed below:

-Contractor shall provide own equipment including but not limited to: Light(s), mic(s), tripod and any video tapes or memory cards needed.

In exchange for services rendered; xxx xxxx xxxxxx(here on in referred to as "Client") do here by agree to compensate Contractor the rate of $xx per hour which will be paid as follows: 1/2 down and 1/2 when footage/tapes are exchanged.

-It is further agreed that all rights to said images and footage shall become and remain the sole property of Client including ALL master footage, tapes etc.

Meeting Location:
Time of arrival: No later than 9 p.m.
Contact Person:
Contact Number:

*Special notes:

In the event Contractor can not fulfill his obligation, is late or does not show up for this obligation at all; he will be responsible and liable for any loss incurred including but not limited to any legal expenses and rental fees on the motor coach. Contractor is responsible for the safety and security of his own equipment. Client accepts and assumes no responsibility for equipment or contractors "person" in general.

All parties knowingly and willingly sign and date below:


X______________________________ X__________
Contractor Date


______________________________ __________
Client Date

There aren't many videogs or photogs around that will give up their raw footage or negatives. I have been asked by several clients for all the raw footage after I have edited the video and I have refused. However, if you are being hired merely as a shooter that might be a different story. What are the details of the job?

I personally wouldn't sign it. I was asked to sign something similar once (in terms of the slightly cryptic 'assumes no responsibility' part) that when I passed it along to my lawyer friend I was told prettymuch meant he could drop my camera and it was my responsibility. Ick. Though on that shoot, I we did share cameras regularly, making it more of a consideration.

I would at least put a demo-reel clause in there. Unless there is a reason why the tapes cannot meet the public (a show not yet on air, trade secrets, etc) you have every right to ask for demo reel/stock footage material.

According to this contract, if their roof collapsed on you, they'd have it in writing that it's your responsibility. :)

Also, if you got a flat tire and showed up at 9:10, according to this contract, he could then sue you, make you pay for the lawyer, the motor coach, etc etc. The only way I would sign this contract is if it paid a HELL of a lot of money, and I truly trusted the contractor.

Carl

I wouldn't sign it, just doesn't feel right. And it seems that any contract you would write to protect yourself would be contradicting the client's contract :/


This does bring up an interesting discussion though, what do you do when you are at an event, and someone damages your equipment? I will start a new thread from this (if it hasn't been discussed allready)

P.S. im regular crew now, yaay!

Oh my.

Obviously written by the "client" in a hurry and who has a very poor grasp of the written language. Too many typos, abiguities, lack of information, loopholes etc.

It seems the client expects you to go on a "motor coach" (hard to tell from the way it's written) yet the client accepts no responsibility for your safety whilst on the "motor coach".

If the "motor coach" came to an abrupt stop that caused damage to your camera, you could be held responsible for paying for the whole event!

Run! Or at least counter the proposal.

As ever, the usual maxim applies: if you aren't comfortable with the contract, don't sign it!

[All the above are, of course, lay opinions born of unfortunate previous experiences.]

All contracts are negotiable so think about what provisions you're uncomfortable with and negotiate to change them. There's no reason it has to be an all or nothing deal.

I wish I could give legal advice here, but I can't. But I will say this: please, please, please take this "contract" to a lawyer (or show it to a lawyer friend, or something). There are things about it that you really should know.

Don't sign this, I agree with the other's on this one. Way to vague, not specific enough. You could make amendments to this so you get what you want out of it. Honestly you should have a lawyer look at it. They all do pro bono work so you might be able to get them to look at it for free if you can't afford the lawyer fees.

Just to fill in, I will be shooting on a bus and in bars threwout the night. Isn't it a given that its my responability to maintain the safety of my equipment at all times? I modified the contract in a few places. They are the following:

It is further agreed that all rights to said images and footage shall become and remain the sole property of Client. Top Notch Video Productions will make copies of ALL footage and may use said footage for demo/promotional use only.

In the event Contractor can not fulfill his obligation, is late or does not show up for this obligation at all; he will be required to notify the client by phone, and agrees to pay the client 20% of the total price agreed upon. Contractor is responsible for the safety and security of his own equipment. Client accepts and assumes no responsibility for equipment or contractors "person" in general.

I personally like to keep contracts for clients that say you can't sue me if I screw something up and that the client can't get anything past a full refund with a clause that property damage and the like, caused by me, will be covered by me, which is why I keep insurance.

If he is going to be using this footage for a produced piece for sale, make sure you get paid accordingly for the footage or don't sign your rights away to the footage.

I'm going to throw in with the majority here. I wouldn't sign it the way it stands. It's too open; there are too many ways for you to lose if something goes wrong. As Paul Tager said, I'd at least have this looked at by a lawyer if you are really interested in the job.

Travis -
AGAIN - have an attorney review this before you revise/sign!!!

You're saying you'll be shooting on a moving vehicle and in bars (can't some of these be a bit "rough"?). You don't say what the situation is, but if you're shootign in public places, where I presume people might not want to be recognized, I'd hope the client is taking more care on releases.

If the bus crashes (it happens) and you end up road pizza, it's your responsibility? Not in a million years, thanks. Something related or unrelated to your shoot turns into a bar room brawl... Someone decides to play "cram the cam", he's 275 lbs and drunk... and just got out of the state pen, wanted to have a nice quite drink with the mistress before going to see the old lady...

There's WAY too many loopholes and risks you're signing off on here - unless you really trust the client and the situations, you could be assuming a LOT of risk both personal and otherwise. My examples were intended to be sarcastic, but then again... reality is stranger than my "creative" mind on occaision.

If you aren't familiar with legal stuff (and your postings indicate that), pay $150 for an EXPERT before you get into trouble, that'd be my .03, inflation adjusted...

Just FWIW, a GOOD contract, properly written should protect BOTH parties from financial injury, and clearly specify obligations.

I wish I could give legal advice here, but I can't. But I will say this: please, please, please take this "contract" to a lawyer (or show it to a lawyer friend, or something). There are things about it that you really should know.

Travis:

I would greatly encourage you to listen to anything Mr. Tauger has to say about this or other similar situations. :)

Carl

Is it your business if so it should be your way or no way how can you let some client try and walk all over you

You dont need to show a lawyer or who ever you should be smart and turn them away they will be nothing but trouble.

You supply the contract no one else

all the best

Rob.

Withholding your signature for any given reason doesn't necessarily mean that you won't get the job. Be professional. Explain why you are reluctant. Ultimately, you may still work something out.

Two things here.

First... This so-called client seems very willing to take advantage of others. To answer your question, I'd say no, don't sign. In fact, I'd also tell this client to stick his contract on the end of a red hot skewer and see how far up his rear he can stick it.


Second...

I wish I could give legal advice here, but I can't. But I will say this: please, please, please take this "contract" to a lawyer (or show it to a lawyer friend, or something). There are things about it that you really should know.

Paul, with all due respect to you, I notice you begin nearly every post with your legal advice disclaimer. I don't get it. I watch local news where they have these "ask the expert" segments. They have attorneys 1 day a week. People call in with their legal questions. The attorneys do their best to give them some guidance and although they don't necessarily tell them what to do, they give them some background law or legal avenues the callers can pursue based solely on the information the caller provides.

There's a weekly radio show I sometimes listen to:

http://wjr.com/goout.asp?u=http://www.thelawshow.com/

They don't seem to have a problem helping people with general information. I think it would be pretty lame if everytime someone called in, the lawyer stated, "I really wish I could give you some legal advice, but I'm a lawyer so I can't do that. I strongly suggest you contact a lawyer and explain your situation to him."

Sorry for the rant. I'm sure you're a fine attorney but I just don't get your position. And because words on the internet can sometimes be misunderstood, I am not trying to pick on you or intentionally offend you. Couldn't you just as easliy dodge all responsibility by saying, "I can't speak for you, but here's what I would do if I were in that situation."

I don't think anyone here is going to take your opinion as anything more than that. An opinion.

I get all my legal advice here.
http://www.freeadvice.com/

It's worth just about what I pay for it.

Jeff

Paul, with all due respect to you, I notice you begin nearly every post with your legal advice disclaimer. I don't get it. I watch local news where they have these "ask the expert" segments. They have attorneys 1 day a week. People call in with their legal questions. The attorneys do their best to give them some guidance and although they don't necessarily tell them what to do, they give them some background law or legal avenues the callers can pursue based solely on the information the caller provides. When I provide legal advice to anyone, by law, an attorney/client relationship is formed. That means that (1) I'm liable for malpractice to whomever I give advice, and (2) I may be legally and/or ethically required to continue the representation (and the "ethical" requirement can be significant, i.e. I could lose my license for violating ethical canons).

I work for a large law firm. My firm carries extensive malpractice insurance, but it kicks in only if we've conducted a conflicts check before beginning an engagement. This is of particular concern, because it is a very serious matter if I take on a representation that is adverse to my existing clients (and the number of clients of my firm number in the tens of thousands). Accordingly, I am contractually forbidden by my firm to represent anyone outside of the firm's practice.

Finally, it is very, very rare for someone posting to this or any other internet forum to provide anywhere near enough information to provide a competent opinion.

So, in summary:

1. I don't want to incur malpractice liability.
2. I don't want to risk entering an open-ended, no-fee client relationship.
3. I haven't conducted a conflicts check and have no idea whether accepting the representation of anyone here would result in a representation adverse to my firm's existing clients.
4. Usually, I couldn't offer competent specific advise even if I were inclined to ignore 1 through 3, because I don't have enough information from the poster.

There's a weekly radio show I sometimes listen to:

http://wjr.com/goout.asp?u=http://www.thelawshow.com/

They don't seem to have a problem helping people with general information. I think it would be pretty lame if everytime someone called in, the lawyer stated, "I really wish I could give you some legal advice, but I'm a lawyer so I can't do that. I strongly suggest you contact a lawyer and explain your situation to him."

Sorry for the rant. I'm sure you're a fine attorney but I just don't get your position. And because words on the internet can sometimes be misunderstood, I am not trying to pick on you or intentionally offend you. Couldn't you just as easliy dodge all responsibility by saying, "I can't speak for you, but here's what I would do if I were in that situation."As a matter of law, that wouldn't mitigate liability. Tell you what: if you all want to chip in and buy a separate malpractice policy for me, I'll ask my firm for permission to give specific advice. I'll still need to run a conflicts check, however. :)


I don't think anyone here is going to take your opinion as anything more than that. An opinion.

I get all my legal advice here.
http://www.freeadvice.com/

It's worth just about what I pay for it.

JeffI took a quick look at the site. It provides general information about law, just as I do here.

Tell you what: if you all want to chip in and buy a separate malpractice policy for me, I'll ask my firm for permission to give specific advice.

No problem here. How much do you figure it'll run?

Is malpratice insurance a requirement for lawyers, like automobile insurance is for cars in most states? Or is malpractice insurance more like life insurance, not required but for "just in case"?

Just out of curiousity. Do you have a bluetooth headset?

Jeff

No problem here. How much do you figure it'll run?I have no idea what an individual policy would run. I know they're not cheap. One of the nice things about practicing for a large firm is that I don't have to worry about things like that.

Is malpratice insurance a requirement for lawyers, like automobile insurance is for cars in most states? Or is malpractice insurance more like life insurance, not required but for "just in case"?Here in California, it is not a requirement, though it must be disclosed to clients if a lawyer doesn't have it.

Just out of curiousity. Do you have a bluetooth headset?Umm . . yes, I do. It's a silver Aliph Jawbone.

Hmmm.

Kinda figured.

http://www.jeffemery.com/ttpmo_3.html

Jeff

I'd feel better about your post if you had included a smiley.

At any rate, nicely produced video, good lighting. And to answer the questions you raise in it, I use a BlueTooth headset because it leaves my hands free when I talk, which matters when I'm running through an airport trying to catch a plane. The one that I use, the Jawbone, is also noise canceling, so callers can hear me and I can hear them. And, coincidentally, it looks an awful lot like the one Spock wore in the picture in your video.

Live long and prosper.

Live long and prosper.

Dude. If I could afford you and your firm, which I doubt I could given what you've said in this thread, I would hire you in a heartbeat just based off of that comment. Most lawyers I've had could give a s**t whether I live long and prosper or not. ;)

Hmmm.

Kinda figured.

http://www.jeffemery.com/ttpmo_3.html

Jeff

ha ha ha

Now that was the kind of sarcasm I needed to jumpstart my day! Sort of a contemorary Andy Rooney piece. LOVED IT ...and honestly couldn't find one point to disagree with.

Thanks for posting that!

While I did find myself laughing at some points of Jeff's video, I don't think it will endear him to many users of such devices. ;)

Edit: For the record, I don't even have a cell phone, let alone a Bluetooth headset.

Just to fill in, I will be shooting on a bus and in bars threwout the night. Isn't it a given that its my responability to maintain the safety of my equipment at all times? I modified the contract in a few places. They are the following:

It is further agreed that all rights to said images and footage shall become and remain the sole property of Client. Top Notch Video Productions will make copies of ALL footage and may use said footage for demo/promotional use only.

In the event Contractor can not fulfill his obligation, is late or does not show up for this obligation at all; he will be required to notify the client by phone, and agrees to pay the client 20% of the total price agreed upon. Contractor is responsible for the safety and security of his own equipment. Client accepts and assumes no responsibility for equipment or contractors "person" in general.

Hi Travis,

Sorry I've arrived late on the scene here - the thread seems to be drifting off. Anyway, I agree with those who have concerns about signing the contract as-is. And IMHO, I have doubts whether most general lawyers would be knowledgeable in our trade to add in the appropriate Terms and Conditions to offer you adequate protection for your specialized event video.

Sure, they'll take care of mainstream issues you've missed like liability and indemnification, contract enforcement, boiler plate terms like Force Majure, Entire Agreement, Enforceability, Late Payment Fees, arbitration clauses and jurisdiction, client and client agent negligence (drunk bus driver, etc), and the like.

But they'll probably goof-up booking fees as so-called non-refundable deposits (versus the proper booking fee terminology), contractor copyright release (since client might mistakenly use copyrighted works), lighting disclaimer (degraded night video without adequate lighting), media formats and fitness for use (longevity), description of services (as in-camera editing), emergeny release clause (should something happen to you, describing your backup plan), etc, etc.

Bottom line, it's up to us to learn contracts inside and out and ensure we (and our subs) not only fulfill the T&Cs and spirit of the contract, but also cover our proverbial fannies when something either goes astray on the behalf of either party. And perhaps of most importance, conduct ourselves not only professionally but also proactively ensure we're extra diligent to prevent exposure to liability issues (tripping over cables, equipment falling, fires, choking hazards for small children, non-grounded equipment shock and faulty wiring, lighting burns, etc.)

Warm Regards, Michael

P.S. - and coming from Minnesota as a boy, I'm sure I've forgotten to discuss gear such as snow shovels, don't ya' know? Oofta!

Just a bit currious...

What reaction did you get... when you didn't sign it?