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Shannon Berry Posts: 534 Joined: 8/31/2003 Status: offline
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To keep the business related talk going I figured I'd start here. So far this month I've LOST $3K thanks to no-concious having BLEEEEPS! GET IT IN WRITING! Thanks to my stupidity and trustfulness I'm now considering taking a regular job to pay the bills. I just cut ties with several clients which will cut my monthly income considerably. I now have to re-group and figure out what my next step is. Does anyone have contract templates they'd like to share? I'm thinking about signing up at VideoBusinessAdvisor (which I used to belong to a couple years ago) again just to get access to these types of things. I lost everything I had downloaded from there when my desktop blew up. There's lots of good stuff on that site - at least there used to be anyway - should be more now. The monthly fee is $12 now but more than worth it IMO. _____________________________ DJ Products: ETK's: ALL JB's: ALL HD JB's: ALL JD's: ALL ST's: ALL VT's: ALL MDE's: ALL SFX PTK BT 1 BT 2 Motion Backs #2 Yes... I own it all! |
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CONTRACTS!!! - 
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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Shannon...how IRONIC you bring this up!! I was JUST thinking that I should post my contract on here!!!! I will upload it VERY soon...I promise!!
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to Shannon Berry) |
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MrE Posts: 1668 Joined: 6/2/2006 From: NE Philly Status: offline
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Awesome Eric!... I'm interested in this as well!
_____________________________ this message was brought to you by MrE™ WARNING: may contain Sarcasm and/or Bad Spelling (in reply to Eric Hartmann) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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As promised, here are 4 contract files. All 4 were made on my PC, so hopefully there won't be compatibility issues... BEFORE clicking, please read until the bottom so you know what files you are downloading. 2 are Word Documents. One is an actual document and one is a template version, so that you can easily add the file to your "Templates" folder in your program files. The other 2 are Powerpoint documents...I like the Powerpoint one because I can move pictures and text around a LOT more easily than in Word. One is an actual document and one is a template version, so that you can easily add the file to your "Templates" folder in your program files. These were created some time ago and I have since changed my company name and logo, but where you see the logo would be the best spot to put it (depending on the size). Enjoy! Word Contract Doc Word Contract Template PowerPoint Contract Doc PowerPoint Contract Template Need Storyboards? How about Consent Forms (for Demo DVD consent)? Feel free to add your own to here also 
< Message edited by Twisteric -- 9/26/2006 5:46:38 PM > _____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to Eric Hartmann) |
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MrE Posts: 1668 Joined: 6/2/2006 From: NE Philly Status: offline
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PERFECT!!! Thanks Eric!
_____________________________ this message was brought to you by MrE™ WARNING: may contain Sarcasm and/or Bad Spelling (in reply to Eric Hartmann) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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No problem Mr. E!
< Message edited by Twisteric -- 9/26/2006 5:39:41 PM > _____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to MrE) |
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Deredain Posts: 681 Joined: 6/8/2005 From: New Jersey Status: offline
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Eric: Please take no offense, but have you run these past a lawyer? Will they hold up in court if necessary? (in reply to Eric Hartmann) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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I have run them past my lawyer, and yes. He says that they will. and no offense taken
< Message edited by Twisteric -- 9/26/2006 5:40:17 PM > _____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to Deredain) |
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John Carothers Posts: 806 Joined: 1/9/2004 From: Mesa, Arizona Status: offline
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Shouldn't a contract be a little more specific in what the parties are agreeing on? No offense, but it just seems a little vague to me. You have a written contract that says that they agree to pay after completion of what you agreed on but what is that, other than an amateur DVD production? Were the particulars verbal? I anything agreed upon verbally legally binding? Just asking questions here. john _____________________________ J2D:184 JB 1-38 JBHD 1-20 ETK 1-10 MDE 1-20 SW 1-10 VT 1-3 SFX 1-2 ST 1-21 BT 1-2 JD 1-52 DJTV S1 PTK 1 DJ 2.0 Swigglez (in reply to Eric Hartmann) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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Good point John. I never used this for a BIG project such as a corporate event, etc. I actually attached the sheet that explains my pricing and what is included in their product. Those prices are for my (and the client's) eyes. Unless we all start posting what we charge for every service. No offense to anybody. 
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to John Carothers) |
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mediatvguy Posts: 4380 Joined: 4/20/2006 From: Florida Status: offline
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I think John is not taking about prices, I think that he is refering to details like delivery method, deadlines, how long of a video (if it is one), how many cameras (if is a wedding or something like it) and so on...
_____________________________ Work: Mac OS-X/10.4.11 Dual 2.3 GHz PowerPC G5 2 GB SDRAM (2) 500GB HDD GeForce 6600 - 256MB Home: iMac OS-X/10.4.11 Intel 2.0 Core Duo 2 GB DRAM 1- 250GB HDD 1 - 1 TB (Lacie Ext. FW-400- DJ Catalog here) ATI Radeon 1600 - 128M (in reply to Eric Hartmann) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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I understood that...if I wasn't clear, I'm sorry, but what I meant is that all of that information INCLUDING price is on a separate sheet that is attached to the contract. This is simply a contract for people to sign attached to another sheet that explains all of the parts of the project. All of that info is complete on a different sheet. If people would like, I can post up what I've done in the past so you can see what I'm talking about. To quote myself: quote: I hope I did not come of as sarcastic Jose...you know I value EVERYBODY's notes, opinions, comments, and questions...and that includes you. I'm just clarifying my points.
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to mediatvguy) |
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mediatvguy Posts: 4380 Joined: 4/20/2006 From: Florida Status: offline
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Don't worry Eric..... I don't mean to be sarcastic either and I do value everybody's input, but with all due respect, why just don't add a line on that separate document at the bottom and have them sign there?
_____________________________ Work: Mac OS-X/10.4.11 Dual 2.3 GHz PowerPC G5 2 GB SDRAM (2) 500GB HDD GeForce 6600 - 256MB Home: iMac OS-X/10.4.11 Intel 2.0 Core Duo 2 GB DRAM 1- 250GB HDD 1 - 1 TB (Lacie Ext. FW-400- DJ Catalog here) ATI Radeon 1600 - 128M (in reply to Eric Hartmann) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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..........ya know.....I didn't really think of that...I always wanted a separate sheet dedicated to the contract and what signing it means, rather than having crowded on one page. That's my personal opinion on how I like my contract to look, but I do like that idea...maybe I can have it separated by a line (dashed, or a JD element) so that you can keep everything organized....good idea Jose....and I think I'm gonna mess around with this tonight and see what I can come up with...thanks!
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to mediatvguy) |
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MrE Posts: 1668 Joined: 6/2/2006 From: NE Philly Status: offline
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Maybe José will be nice enough to share his contract with us
_____________________________ this message was brought to you by MrE™ WARNING: may contain Sarcasm and/or Bad Spelling (in reply to Eric Hartmann) |
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mediatvguy Posts: 4380 Joined: 4/20/2006 From: Florida Status: offline
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David, you never gave me your opinion on my price list... I'll share the contract based on your review of the price list.... How is that? Care to give an opinion? < Message edited by mediatvguy -- 9/26/2006 9:18:03 PM > _____________________________ Work: Mac OS-X/10.4.11 Dual 2.3 GHz PowerPC G5 2 GB SDRAM (2) 500GB HDD GeForce 6600 - 256MB Home: iMac OS-X/10.4.11 Intel 2.0 Core Duo 2 GB DRAM 1- 250GB HDD 1 - 1 TB (Lacie Ext. FW-400- DJ Catalog here) ATI Radeon 1600 - 128M (in reply to MrE) |
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MrE Posts: 1668 Joined: 6/2/2006 From: NE Philly Status: offline
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It was the other way around remember.... I sent you MY price list to critique. You sent me your price list to use as reference for mine.
_____________________________ this message was brought to you by MrE™ WARNING: may contain Sarcasm and/or Bad Spelling (in reply to mediatvguy) |
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JasonGaines Posts: 2306 Joined: 2/17/2006 From: South Windsor, CT. Status: offline
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Well, someone send me a damn pricelist so I can see how much I am losing out here. LOL Would be nice though. I know I undershoot my value right now, but it is a temporary thing as I am just trying to get customers to realize I am here, available and the quality of the work I can do. Which is getting better Jose lol. I know I sent you an older sample of my DVD stuff, but it is getting better. Just takes time to work in how I use the Juice for mostly photo montage DVD's and the extras. But yeah, really, it would be cool to share/see how I can improve my own pricing and keep cutomers coming in and feeling like they are getting a good value for their product. _____________________________ 
(in reply to MrE) |
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mediatvguy Posts: 4380 Joined: 4/20/2006 From: Florida Status: offline
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HeY! I never critized your work! In fact if I remeber correctly I t was very nice and I told you... Didn't I? Lol...I'll email you mine right away....
_____________________________ Work: Mac OS-X/10.4.11 Dual 2.3 GHz PowerPC G5 2 GB SDRAM (2) 500GB HDD GeForce 6600 - 256MB Home: iMac OS-X/10.4.11 Intel 2.0 Core Duo 2 GB DRAM 1- 250GB HDD 1 - 1 TB (Lacie Ext. FW-400- DJ Catalog here) ATI Radeon 1600 - 128M (in reply to JasonGaines) |
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mediatvguy Posts: 4380 Joined: 4/20/2006 From: Florida Status: offline
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Did you get it?
_____________________________ Work: Mac OS-X/10.4.11 Dual 2.3 GHz PowerPC G5 2 GB SDRAM (2) 500GB HDD GeForce 6600 - 256MB Home: iMac OS-X/10.4.11 Intel 2.0 Core Duo 2 GB DRAM 1- 250GB HDD 1 - 1 TB (Lacie Ext. FW-400- DJ Catalog here) ATI Radeon 1600 - 128M (in reply to mediatvguy) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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quote: You crack me up Jason. I'll tell ya what. I'll email you a pdf of my brochure so you can see what I charge and what I do. How's that? _____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to JasonGaines) |
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Shannon Berry Posts: 534 Joined: 8/31/2003 Status: offline
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Thanks for sharing Eric!
_____________________________ DJ Products: ETK's: ALL JB's: ALL HD JB's: ALL JD's: ALL ST's: ALL VT's: ALL MDE's: ALL SFX PTK BT 1 BT 2 Motion Backs #2 Yes... I own it all! (in reply to Eric Hartmann) |
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John Carothers Posts: 806 Joined: 1/9/2004 From: Mesa, Arizona Status: offline
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No problems guy's. I was just thinking outloud while typing very loud. I did not realize that you had another sheet with the details. It's all goooooood. john _____________________________ J2D:184 JB 1-38 JBHD 1-20 ETK 1-10 MDE 1-20 SW 1-10 VT 1-3 SFX 1-2 ST 1-21 BT 1-2 JD 1-52 DJTV S1 PTK 1 DJ 2.0 Swigglez (in reply to Shannon Berry) |
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JasonGaines Posts: 2306 Joined: 2/17/2006 From: South Windsor, CT. Status: offline
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That would be great Eric. Tnx a ton. And tnk you Jose. Yes I got it. Sent you emails back, and tnx for the word of the day lol. Nah, you didnt say it was bad, but I know some stuff in it wasnt all that hot. But I didnt hear whether you liked them or not. Just that they were mostly photo montage DVD's. I think, if I remember, I sent you one that was of my brother-in-law's wedding and the video that was included was shot was off of my digital still camera, as I didnt bring my Sony with me. So the quality was really low. I had to use Juice to make frames for the videos, and the quality was really bad, so it wasnt my best showing by far. But, the DVD parts are getting better anyway. I am using more of Premiere Pro 2 with my stuff than I was to start, and After Effects, so I am working in more tools to get what I want. Now it is just a matter of adjusting my prices to reflect that. My plan was to keep my pricing low for the rest of this year, increase my fees starting in January, but give anyone who ordered my services this year a 10% coupon on a future order. To kinda of entice them to get something else done, and help with the 'sticker shock' from my initial pricing. With me being unknown and my services also, I have to get people to WANT my stuff, let alone knowing that I am here. Tnx again guys for the info. _____________________________
(in reply to Shannon Berry) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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no problem - I'm a little backed up with work, but if I have time this afternoon, I'll send you the brochure Jason...if not expect it sometime tomorrow mid-day.
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to JasonGaines) |
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SeektheBurd Posts: 390 Joined: 9/15/2006 Status: offline
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Hi Eric, I just downloaded your forms for reference. Thanks a million for sharing and all the great input on this thread. I also just read Jason's post on pricing and can totally relate. Stephanie (in reply to Eric Hartmann) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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No problem Stephanie. Anything for my Juicers!
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to SeektheBurd) |
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pnd4christ Posts: 421 Joined: 8/13/2006 Status: offline
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Very good point guys. but, it's Graham working on the business section? It's really very informative, prices, contracts and so on. _____________________________ Pablo D. Rapalo May God bless You Always (in reply to Eric Hartmann) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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who knows if they are...they may see this as a Non-Juice Emergency operation and may shrug it off...but I'm hoping Graham will see this and see how much we all want it
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to pnd4christ) |
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Matt Posts: 5743 Joined: 5/15/2003 From: Oak Ridge, NC Status: offline
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I liked the idea of a business forum. We talked about it yesterday, he had concern about there being to many forum topics, he thought it would be best if it was kept in the Off Topic area.
_____________________________ mattjanowsky.com (in reply to Eric Hartmann) |
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MrE Posts: 1668 Joined: 6/2/2006 From: NE Philly Status: offline
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If ALL Business related questions can be in ONE area (Off Topic Forum) than why can there be ONE area simply just for Business (Business Forum)???
_____________________________ this message was brought to you by MrE™ WARNING: may contain Sarcasm and/or Bad Spelling (in reply to Matt) |
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RE: CONTRACTS!!! -
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Matt Posts: 5743 Joined: 5/15/2003 From: Oak Ridge, NC Status: offline
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I agree.
_____________________________ mattjanowsky.com (in reply to MrE) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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I 2nd that
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to Matt) |
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Richard M Posts: 1070 Joined: 5/6/2006 From: New Jersey Status: offline
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Hey Guys, especially Eric... Although your contract is simple and covers the basics of getting paid, it doesn't protect you very well. As a church we don't do work for clients, however coming out of the professional world of TV, film and video, I have dealt with contracts all my professional life. In your contract you only cover getting paid for the work you do and any additional work. What happens if you do the work and don't get paid? Contracts with clients need to be very specific in certain areas. Here’s a few areas you all need to consider. 1. Who owns the "rights of creativity?" You or the client. 2. Is your work a "work for hire" or a "buy out?" a. If it’s a "work for hire" you need to clearly define who owns the finished product. b. It must be established that this is either an "exclusive" or "non-exclusive" work. 1. If "non-exclusive" then that piece can be sold (rented) over and over. Profits guys! Profits! $$$$ c. If it’s a "buy out" then you surrender all your rights to that work, including any alterations done to the work in the future. Some other studio can do the rework. 3. Should the client receive the work and not pay, you don’t state anything about legal recovery. a. Will it go to court? b. Will it go to arbitration? (Arbitration is usually around $300 per hour plus the cost of your lawyer) c. Who will pay for your legal costs in the event you "win" in court/arbitration? d. In what state will legal proceedings take place? 4. What happens when a client isn’t happy with the work you did for them? a. You need to state the client’s recourse. 1. Will you do the work over to his/her’s satisfaction? 2. If you can’t please the client, how much of monies paid do you keep/return. 5. And what about "sign off" agreements during the development process? a. A client needs to "sign off" at each step of the way to lessen the chance of dissatisfaction. For everyone who appears as a guest on our TV broadcast (i.e. singers, guest speakers, bands, etc.) we make them sign a "talent release" to protect us. This way we’re sure they can’t come back and want "compensation" when they see the program goes around the world. Hope this helps some of you guys...or at least gets you thinking of better contracts. Also, if any of you would like a copy of our talent release form, let me know. If enough of you want copies, I’ll post it, otherwise I’ll just email you with a copy. Make sure you include your email so I don’t have to search all over the place for it. Thanks! (in reply to Matt) |
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mediatvguy Posts: 4380 Joined: 4/20/2006 From: Florida Status: offline
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I'll like to see a copy..
_____________________________ Work: Mac OS-X/10.4.11 Dual 2.3 GHz PowerPC G5 2 GB SDRAM (2) 500GB HDD GeForce 6600 - 256MB Home: iMac OS-X/10.4.11 Intel 2.0 Core Duo 2 GB DRAM 1- 250GB HDD 1 - 1 TB (Lacie Ext. FW-400- DJ Catalog here) ATI Radeon 1600 - 128M (in reply to Richard M) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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Richard...first off I must say "WOW!!" Thank you for filling in a bunch of holes for my contract! And I would LOVE a copy of that!!! Thanks! As I stated, this a contract that works for me. It's nothing fancy, and quite simple. My reason for that is this...I don't do commercial work, I don't create advertisements for companies, I don't pull $1,000+ jobs. My company contract is mainly used for the neighbors/friends who want their Mini-DV/VHS tapes put on DVD, video/audio corrections, motion menus, custom DVD covers, custom artwork, etc. No single project has gone over $500 so far, so this contract is just made to cover my butt. The reason as to why my contract does not contain the "rights of creativity" and "buy out" guidelines is because (like I mentioned above) I don't do huge productions where I need to worry about that. As for somebody like Matt or David Slater who do BIG projects that involve much more expensive cameras and equipment, they would need a contract more along the lines of what you have stated. VERY good and powerful points you've laid out, and I completely agree. If my company was my main job-line, I would definately include those points...but my contract works for the little jobs that I've done and it hasn't failed me yet. (Knock on wood). I will include some points into my new contract and (as always) I value you and other's opinions on my/anybody's contracts. I appreciate your advice, concern, and thoughts...and I thank you for sharing your expertise with everybody on here.
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to Richard M) |
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Matt Posts: 5743 Joined: 5/15/2003 From: Oak Ridge, NC Status: offline
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Thanks Richard great post.
_____________________________ mattjanowsky.com (in reply to mediatvguy) |
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JasonGaines Posts: 2306 Joined: 2/17/2006 From: South Windsor, CT. Status: offline
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Very nice. I would also like to see a copy of the talent release form you guys use Richard. I will email you for that. Tnx for the post.
_____________________________
(in reply to Matt) |
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wizard Posts: 6029 Joined: 2/15/2006 From: New Hampshire, USA Status: offline
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Nice info Richard - thanks.  
_____________________________ Pops (in reply to JasonGaines) |
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Runamok Posts: 1276 Joined: 6/27/2006 From: Menifee, CA Status: offline
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Thanks Richard! I had quite a few of those items in my contract but now realize I need to address a few more. I will be emailing you also for a copy of your release form.
_____________________________ Well...that's my story and I am sticking to it! Dan www.clearshotvideo.com My Showcase (in reply to wizard) |
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