Unusual Contract at DVinfo.net

Adam Slaght · March 24th, 2008, 09:48 PM

I am looking for a production contract that would work for this unique situation if anyone can help.

I have been asked to produce a DVD for an up and coming outdoor magazine which seems like a good fit for me as I am an up and coming production company. They would like to go 50/50 on this joint venture. What I mean by that is, they will secure all footage and releases of said footage. I will then produce the video. They are able to market/sell the DVD through their own magazine as well as their connections in the outdoor industry may get it into some of the big box retailers. What they are proposing is 50/50 split of the profit after duplication and packaging. As this is my fist commercial DVD production I do not have any type of contract for something like this. I have corporate/business contracts, personal videography contracts but nothing in this realm.

Any help or advice would be greatly appreciated.
Adam

Tim Polster · March 24th, 2008, 10:33 PM

Be careful with back-ended payment schemes.

I just broke off a wildlife related, backended project which has great promise, but too much uncertainty.

I came to the conclusion that without putting anything on the table, motivation of the other party can be trouble.

Without being hired per se, you have a lower negotiating power, so the other party is more apt to do it their way or not consult you as much.

Also think about what if you make this video and they don't promote it very much. How much have they lost?

How much will you lose?

The way I have learned to see it is back-ended projects put the risk of the project on you rather than the people who came to you with the idea.

I would go back and ask for however many thousand up front and settle for 25% of the take.

That way if they are blowing sunshine, you will not get hurt.

Good luck

Adam Slaght · March 24th, 2008, 10:47 PM

Thanks for the information Tim.

They are putting $750 up front, not a whole lot but something. The risk for me was quite a bit lower as they as are securing all footage and releases. I dont have to shoot anyting. So my only investment will be editing time.

I am a little sceptical as well. But I look at it as if it turns out bad I get $750, lose a little time and a good lesson in this type of agreements. If it goes good, it could bank roll me for 6 months or so, plus lead to more higer end work.

Any idea of a contract for this situation?

Tim Polster · March 24th, 2008, 11:34 PM

Sorry Adam,

I did not quite understand what secure the footage meant.

If you are only putting in editing time with some up front money, your right, you don't have that much to lose.

50/50 for just editing is pretty good if you like the project.

Maybe the contract would cover how often you are paid & if you get to look at their books/ sales figures?

March 24th, 2008, 09:48 PM	#1
Adam Slaght Regular Crew Join Date: Feb 2008 Location: Everett, WA Posts: 60	Unusual Contract I am looking for a production contract that would work for this unique situation if anyone can help. I have been asked to produce a DVD for an up and coming outdoor magazine which seems like a good fit for me as I am an up and coming production company. They would like to go 50/50 on this joint venture. What I mean by that is, they will secure all footage and releases of said footage. I will then produce the video. They are able to market/sell the DVD through their own magazine as well as their connections in the outdoor industry may get it into some of the big box retailers. What they are proposing is 50/50 split of the profit after duplication and packaging. As this is my fist commercial DVD production I do not have any type of contract for something like this. I have corporate/business contracts, personal videography contracts but nothing in this realm. Any help or advice would be greatly appreciated. Adam

March 24th, 2008, 10:33 PM	#2
Tim Polster Inner Circle Join Date: Dec 2004 Location: Arlington, TX Posts: 2,231	Be careful with back-ended payment schemes. I just broke off a wildlife related, backended project which has great promise, but too much uncertainty. I came to the conclusion that without putting anything on the table, motivation of the other party can be trouble. Without being hired per se, you have a lower negotiating power, so the other party is more apt to do it their way or not consult you as much. Also think about what if you make this video and they don't promote it very much. How much have they lost? How much will you lose? The way I have learned to see it is back-ended projects put the risk of the project on you rather than the people who came to you with the idea. I would go back and ask for however many thousand up front and settle for 25% of the take. That way if they are blowing sunshine, you will not get hurt. Good luck

March 24th, 2008, 10:47 PM	#3
Adam Slaght Regular Crew Join Date: Feb 2008 Location: Everett, WA Posts: 60	Thanks for the information Tim. They are putting $750 up front, not a whole lot but something. The risk for me was quite a bit lower as they as are securing all footage and releases. I dont have to shoot anyting. So my only investment will be editing time. I am a little sceptical as well. But I look at it as if it turns out bad I get $750, lose a little time and a good lesson in this type of agreements. If it goes good, it could bank roll me for 6 months or so, plus lead to more higer end work. Any idea of a contract for this situation?

March 24th, 2008, 11:34 PM	#4
Tim Polster Inner Circle Join Date: Dec 2004 Location: Arlington, TX Posts: 2,231	Sorry Adam, I did not quite understand what secure the footage meant. If you are only putting in editing time with some up front money, your right, you don't have that much to lose. 50/50 for just editing is pretty good if you like the project. Maybe the contract would cover how often you are paid & if you get to look at their books/ sales figures?