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Richard M Posts: 1070 Joined: 5/6/2006 From: New Jersey Status: offline
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Hey Guys! I'm getting a lot of request for a copy of the talent release, so I'll post it next week at DJ. It's at my office in printed form, so if I can't find the electronic version, I'll have to scan it and create either a PDF or Rich Text File. I should be able to get to that next week. I promise somehow I'll get you guys a copy. Jason, I replied to your email regarding the talent release and it was returned to me with this message, " I couldn't find any host named medawirx.com" May want to check this out... _____________________________ Richard Myers New Life Church www.newlifeoutreach.org Newlife@prodigy.net (aka "Holy Juicer" & "Sir Richard Of Juice") (in reply to Runamok) |
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RE: CONTRACTS!!! - 
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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I look forward to it!!  Thanks Richard.
_____________________________ 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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mediatvguy Posts: 4380 Joined: 4/20/2006 From: Florida Status: offline
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MED-I-A-WIRX You missed the I Richard... _____________________________ 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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what a catch Jose!!
_____________________________ 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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JasonGaines Posts: 2306 Joined: 2/17/2006 From: South Windsor, CT. Status: offline
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Yep, Jose got it. But I can wait for you to upload it. Tnx for trying Richard. I appreciate it.
_____________________________ 
(in reply to Eric Hartmann) |
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Deredain Posts: 681 Joined: 6/8/2005 From: New Jersey Status: offline
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Thanks Richard. I look forward to it being posted.
(in reply to JasonGaines) |
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SeektheBurd Posts: 390 Joined: 9/15/2006 Status: offline
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What an insightful post! Thanks Richard. I also look forward to the upload. Stephanie _____________________________ ETK 1, 2, 3, 7, 9, 10 BTX 1, 2 STX 2, 3, 4, 7, 8, 16, 17, 18 JB 4, 20, 34 MDE 1, 2 (in reply to Richard M) |
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Richard M Posts: 1070 Joined: 5/6/2006 From: New Jersey Status: offline
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Hey Guys and Girls, I have PDF files of the talent contract I promised. In addition, I've also included contacts for hiring crew and covering the use of personal property. Here's the only problem. How do I upload them for you all to see? Do I FTP it to a personal page, then link to it. . .or is there a way I can upload it directly on DJ's site for all my homies???? Help!!! (in reply to SeektheBurd) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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If you have the pdf files on your computer, uplaod them as a file to your website and then find the link that your website holds the image. For instance: my avatar is at www.freewebs.com/eghproductions/breuerpic.jpg So by including the file in your post, you can now share with us those contracts. Hope this helps...I know it's a quick response, but it seemed to explain everything necessary...which is not alot 
_____________________________ 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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Richard M Posts: 1070 Joined: 5/6/2006 From: New Jersey Status: offline
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I have PDF files of the talent contract I promised. In addition, I've also included contacts for hiring crew and covering the use of personal property. Click Here to go to the page and open Talent-crew-Prop Release. It will open a pdf file. Just scroll down and you'll have copies of all three contracts. Hope it helps you all become better businessmen/women!
_____________________________ Richard Myers New Life Church www.newlifeoutreach.org Newlife@prodigy.net (aka "Holy Juicer" & "Sir Richard Of Juice") (in reply to Eric Hartmann) |
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SeektheBurd Posts: 390 Joined: 9/15/2006 Status: offline
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Richard, Thank you so much for sharing this. As a newcomer on the block, I have gained ALOT of insight through yours and Eric's posts. Stephanie _____________________________ ETK 1, 2, 3, 7, 9, 10 BTX 1, 2 STX 2, 3, 4, 7, 8, 16, 17, 18 JB 4, 20, 34 MDE 1, 2 (in reply to Richard M) |
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wizard Posts: 6029 Joined: 2/15/2006 From: New Hampshire, USA Status: offline
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Thanks Richard - I appreciate seeing what others are using. Two things came to mind about the talent release. As a suggestion, if your logo was a LOT smaller, you should be able to fit everything on one side of the sheet. Otherwise, I believe there should be a place to sign or initial on each side, to avoid "that wasn't there" problems. Much better to fit everything on one side, to require just one signature. Second, instead of listing the name of the production, I would suggest changing to listing a date(s) that the recording took place. This way you are not limited to using the recording just on that project. What happens if you ever want to use the recording again - you have to go back and hope they'll sign new releases - and not want more MONEY. ie. you decide to remaster or make a new version, something newsworthy happens while you're shooting (earthquake, robbery, murder, flash flood etc) and you want to sell the shot to the news, or you get a chance to win America's Funniest Home Videos, or whatever. Don't limit yourself. just my opinion... _____________________________ Pops (in reply to Richard M) |
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wizard Posts: 6029 Joined: 2/15/2006 From: New Hampshire, USA Status: offline
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For what it's worth, this is the release that I use. . . I have it printed on letter head paper, centered, and looking professional, . . but this is what it says... RELEASE I hearby assign all rights to Channell One Video for the video and/or sound recording made of me and/or a minor(s) under my care, on this date(s), _______________________, by Channell One Video, and I hearby authorize the reproduction, sale, copyright, exhibition, distortion, broadcast, cablecast, webcast, and/or distribution of said video and/or sound recording without limitation. I hearby waive any right to inspect or approve the finished or unfinished videotape, sound track, or advertising copy, or any printed matter, or other medium that may be used in conjunction therewith or to the eventual use that it might be applied. If under 21, release must be signed by a parent or guardian. I certify that I am 21 years old or older. Name: ___________________________________________________ Address: _________________________________________________ Signed: _____________________________ Date: ________________ _____________________________ Pops (in reply to wizard) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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Very nice Richard and Bill - THANKS soooooooooooo much!!!!
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to wizard) |
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lefty Posts: 441 Joined: 6/2/2006 From: PA Status: offline
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Bill - that's a great release. Blows ours out of the water - do you mind if I adjust it a smidgen for my company?
(in reply to Eric Hartmann) |
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wizard Posts: 6029 Joined: 2/15/2006 From: New Hampshire, USA Status: offline
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quote: Have at it. I posted it to hopefully be a help to someone. It's been constantly tweaked over the last 15-20 years, always trying to give us the broadest protection and greatest opportunity for potential, in the fewest words. Seems to work OK for me. _____________________________ Pops (in reply to lefty) |
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mediatvguy Posts: 4380 Joined: 4/20/2006 From: Florida Status: offline
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Has it ever been challenged?
_____________________________ 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 wizard) |
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wizard Posts: 6029 Joined: 2/15/2006 From: New Hampshire, USA Status: offline
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Never been a need too. BUT, I don't think that anything written is above being challenged. I have been told that "intent is clear" and it should be fine. However, as we all know, in life, nothing is certain, and never expect "fair". Caveat emptor and carpe contract. _____________________________ Pops (in reply to mediatvguy) |
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Richard M Posts: 1070 Joined: 5/6/2006 From: New Jersey Status: offline
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If it ain't broke...don't fix it. It's working for Bill...so join the bandwagon.
(in reply to wizard) |
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wizard Posts: 6029 Joined: 2/15/2006 From: New Hampshire, USA Status: offline
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quote: No, no, no. I'm not saying you should use it. As Jose mentioned, it's never been through a court case. All I'm saying, is this is what I use. Use it if you want, use parts of it if you want, or ignore it. It was strictly fyi - I'm not a lawyer. But I did stay at a Holiday Inn last night.
_____________________________ Pops (in reply to Richard M) |
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whtwolf Posts: 266 Joined: 9/19/2006 From: Ottawa, Canada Status: offline
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I had a client that signed a contract with me. He knew the total cost before doing any work on the project, At the end of my project he realised as he says that he is a thousand short. I already sent him an invoice for the project, My accountant told me to tell my client that he should pay for everything minus the thousand but do not send him a new invoice with the thousand off the total. At tax time I was able to clame the thousand as a tax loose. A thousand is a lot of money but come tax time it saved me a fortune since I lost a profit. I ended up saving more than getting the thousand.
_____________________________ Citius Altius Fortius (in reply to wizard) |
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JasonGaines Posts: 2306 Joined: 2/17/2006 From: South Windsor, CT. Status: offline
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Hey that is great info whtwolf. I guess there are ways to deal with that. Would really suck to have to do that though, as most of us could use the 1K sooner than later. Still, good to have an option if the worse happens. _____________________________
(in reply to whtwolf) |
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whtwolf Posts: 266 Joined: 9/19/2006 From: Ottawa, Canada Status: offline
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Your right JWirx it would be better to have the 1k up front especially if you need to go out and buy new software since that is a tax write off as well or even if you need to pay some one you hired. 1K is a lot of money but unfortunatly I got stuck in the situation were the client lied to me and said that everything would be covered. If he would of told me that his budget was 1k less I would of recommended shooting in a different format or taked to him about changes some of his ideas to lower the price on what he wanted. There are many ways to bring down the price by 1k. But this is the situation that I got stuck in and hope fully someone can get an idea of what to do instead of loosing money try to work around it. If anyone knows of anyother ways to work around a misfortune they can also share some ideas. _____________________________ Citius Altius Fortius (in reply to JasonGaines) |
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lefty Posts: 441 Joined: 6/2/2006 From: PA Status: offline
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quote: good deal. Since I've been with the company we've only had to deal with contracts and payments recently. Never had an issue with using likenesses for pictures or video (knocking wood) (in reply to wizard) |
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Richard M Posts: 1070 Joined: 5/6/2006 From: New Jersey Status: offline
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I'm sure your accountant knows what he's doing, but what happens if you collect the $1,000 later. Do you have to file an amended tax return? A good way to avoid this situation is a "multiple payment schedule." When I did client work, I did 1/3 down, 1/3 at a predetermined point in the production (At shooting finish, at the beginning of editing, etc.) and the final 1/3 paid before release of product. We would give them a client copy of the finished product with a time code stamp on it so it couldn't be used for reproduction or showing other than client review. Of course, you have to put in your contract a clause that protects the client in case their not satisfied. However, if he checks the project at each payment, chances are good he'll love what you've done. (in reply to lefty) |
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whtwolf Posts: 266 Joined: 9/19/2006 From: Ottawa, Canada Status: offline
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Yes you would have to file a amended tax return, but in this case I knew I would never see the money so I just took it as a loose. Only on large job do I ask for 33% before we sart to cover travel or any other expenses, Upon the first rough edit of the video I ask for another 33% and then when the video is finished I get the rest 34%. I have this in writing on the original contract with that particular client. Most of my clients have never made a mistake or tried telling me that the final bill was to much since before I do any work I give a qoute they need to sign off on it even by a email stating that I can go ahead to do the work before I start. This certain client he signed off on the job thinking that he was just going to ask for a extra 1K from his client he never informed me that he could not have paid it since he wanted to make some money on the project. He was the producer that hired my company to do the work, I have worked with him in the past and never had a problem so I do not understand why he never came clean. I think he bite off more than he could chew and was extremly worried that he he never informed me of anything. Since that case over one year ago I have not had any other problems and to say the least he never came back. But i really never expect to hear from him again. _____________________________ Citius Altius Fortius (in reply to Richard M) |
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Richard M Posts: 1070 Joined: 5/6/2006 From: New Jersey Status: offline
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One out of many clients isn't bad Chris. So I guess you're doing something right. We all get hit by someone like this guy, it's just part of doing business.
(in reply to whtwolf) |
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The Professor Posts: 1425 Joined: 8/23/2006 From: Rhode Island Status: offline
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Do I need a contract absolving the editor/videographer (me) from any liabilty due to misinformation or harm caused by information given in a film project (ex: I film and edit something for a dentist to show his patients, as a result of following his advise, they loose all their teeth) am I in any danger in such a situation? If so, does anyone have a sample contract they could share?
_____________________________ Bob www.southcoastmultimedia.com (in reply to Matt) |
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whtwolf Posts: 266 Joined: 9/19/2006 From: Ottawa, Canada Status: offline
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You wouldn't need a contract for misinformation since you are not a professional dentist you have just been hired to videograph and edit a informational video. to add for your sake I hope you don't loose all your teeth hahahaha.
_____________________________ Citius Altius Fortius (in reply to The Professor) |
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JasonGaines Posts: 2306 Joined: 2/17/2006 From: South Windsor, CT. Status: offline
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LOL, yeah keep those teeth. I think if it was something you shot, say, how to film action while on a moving train, and you recommend standing up on the train the whole time, and someone got hit in the head because they stood up per your recommendation and lost half their scalp, maybe that type of scenario would be of concern. But you are not making any claim or recommendation, so it should be fine. If that makes any sense lol. _____________________________
(in reply to whtwolf) |
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The Professor Posts: 1425 Joined: 8/23/2006 From: Rhode Island Status: offline
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Thanks guys. I just want to make sure I have all the bases covered. Jason - so I should forget about pulling teeth while on a runaway train footage? LOL! _____________________________ Bob www.southcoastmultimedia.com (in reply to JasonGaines) |
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Faroshuffle Posts: 519 Joined: 10/4/2003 From: Sacramento, CA Status: offline
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Wow, too much good info guys! Thank you all! _____________________________ "The principle is to put your camera into positions that give people perspectives they wouldn’t ordinarily see." Chuck Peters, Digital Juice 265+ DJ Products and Counting (in reply to wizard) |
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Richard M Posts: 1070 Joined: 5/6/2006 From: New Jersey Status: offline
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Guys, if you think there is a possibility of mis-information or mis-representation when doing a project, you might want to type in a line on your contracts that says something like this: I agree and hereby release (company or individual name goes here) of any liability regarding any "representation or mis-information," understanding that said company (individual) is only capturing information as provided to them and is not responsible for program content. (in reply to Faroshuffle) |
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The Professor Posts: 1425 Joined: 8/23/2006 From: Rhode Island Status: offline
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Thanks Richard! I' workinfg on my contract right now so your response came at a good time!
_____________________________ Bob www.southcoastmultimedia.com (in reply to Richard M) |
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JasonGaines Posts: 2306 Joined: 2/17/2006 From: South Windsor, CT. Status: offline
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Cool. And yeah Bob, my instincts tell me that would be a bad thing ahahahaha., _____________________________
(in reply to The Professor) |
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Jemanji Posts: 75 Joined: 11/10/2006 Status: offline
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Hey guys, I was wondering if someone had a contract for say if i was hired to film a wedding...
(in reply to JasonGaines) |
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mainsail Posts: 48 Joined: 10/23/2006 From: Carrollton, GA Status: offline
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Jemanji, I've included a link below to a copy of the wedding video contract that I have used on my most recent projects. Feel free to use it as you see fit. I think I will work on revising it after seeing some of Richard's comments, just to make sure I have all of my bases covered. Wedding Contract I think I've finally got the link working < Message edited by mainsail -- 11/15/2006 12:02:53 PM > _____________________________ http://www.mainsailcreative.com http://www.toddmiddlebrooks.com My Blog (in reply to Jemanji) |
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Eric Hartmann Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline
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mainsail - i REALLY like the contract...VERY professional looking and great overall feel to it...Thanks for sharing. i'd like to now see some things in the DJ showcase
_____________________________ Film Editor, Videographer, Motion Graphics Designer, and Producer JUST UPDATED!! http://www.SeaLightEntertainment.com http://www.JimBreuer.com Juice: 300+ (in reply to mainsail) |
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mediatvguy Posts: 4380 Joined: 4/20/2006 From: Florida Status: offline
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NICE! Has it been challenged yet? _____________________________ 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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mainsail Posts: 48 Joined: 10/23/2006 From: Carrollton, GA Status: offline
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Not yet. Then again, I view the contract only as a formality. My goal (as I'm sure is the case for most of us) is to far exceed the expectations of my clients to the point that the contract never comes up again. If it were to be challenged, I feel that it would hold up as much as I would need it to. By that I mean if someone was dissatisfied to the point they brought the contract up again, I would be happy to resolve the situation by returning their payment and going our seperate ways.
_____________________________ http://www.mainsailcreative.com http://www.toddmiddlebrooks.com My Blog (in reply to mediatvguy) |
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