Should I sign this contract?

[Travis Bowers]

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

[Michael Pulcinella]

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?

[Carl Middleton]

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

[John Stakes]

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!

[John Miller]

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.]

[Steve House]

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.

[Paul Tauger]

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.

[Mark Bournes]

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.

[Travis Bowers]

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.

[Samuel Hinterlang]

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.

[Mike Oveson]

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.

[Dave Blackhurst]

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.

[Carl Middleton]

Originally Posted by Paul Tauger

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

[Robert Bec]

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.

[Craig Terott]

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.