RE: CONTRACTS!!! |
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Richard M![]() Posts: 1070 Joined: 5/6/2006 From: New Jersey Status: offline |
Hey guys, I'm adding a "Confidentility Agreement" to this discussion for your use as you see fit. Many times you have an idea that you need others to work on, and you might want to consider something like this for your protection. Confidentiality Agreement We, your name here hereby agree that the information given to me regarding processes, plans, developments, proposals or projects currently undertaken, under development, being considered, projected, studied or under advisement,(note: you can actually list the project and a brief description here) by, your name here are deemed strictly confidential. I understand that this information, given for my study, input, advice, counsel and all other communication is for "my eyes only." I agree that I will not communicate any information given to me (in any form including but not limited to verbal, written, electronic, sign language or any such way) to any one else other than in meetings where I am invited to participate, to individuals on the "approved list of confidantes" who have also agreed to the confidentiality of the subject(s), material, or information shared and deemed appropriate by , your name here . I agree that I will only share information on a "need-to-know- basis" to others as directed by , your name here to accomplish tasks assigned to me for the completion of projects, studies or any other such assignments as deemed necessary. No information whatsoever shall be shared in any manner to anyone without prior approval from , your name here , including spouses, children, relatives, friends, family or any other individuals whatsoever. I also agree not to share any information considered "confidential" and marked as such, in any public/private place where that conversation might be overheard by anyone else. I also understand and agree, any breach of this confidentiality by me will be considered as an action that hinders the advancement of the prime directive of the vision/scope of , your name here , and will be prosecuted to the full extent of the law. ________________________________ Signed ___________________________________ Title _______________ Date (in reply to mainsail) |
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The Professor![]() Posts: 1425 Joined: 8/23/2006 From: Rhode Island Status: offline |
Richard; Interviewing people for personal histories (especially older 80+ year olds who tend to leak out certain facts) I have uncovered a few "family secrets" . Surprisingly, the family usually wants it in the piece. I will only put it in if the person interviewed and the person paying me agree. This has happened maybe 5 times and only once the person paying felt it would be best to leave it out. I tell my clients that any "family secrets" I uncover will be handled in whatever manner they determine, but I do not include that info in any written contract. This contract you offer will help me to formulate something I can use in my business. Thanks for posting it! _____________________________ Bob www.southcoastmultimedia.com (in reply to Richard M) |
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Deredain![]() Posts: 681 Joined: 6/8/2005 From: New Jersey Status: offline |
Thanks Richard. I'm adding it to my file.
(in reply to The Professor) |
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Eric Hartmann![]() Posts: 2971 Joined: 4/18/2006 From: Springfield, NJ Status: offline |
Me too...thanks Richard...good to have some other smart cookies 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 Deredain) |
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JasonGaines![]() Posts: 2306 Joined: 2/17/2006 From: South Windsor, CT. Status: offline |
Thanks a bunch Richard. I like it.
_____________________________
(in reply to Deredain) |
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video777![]() Posts: 492 Joined: 10/2/2006 Status: offline |
quote: I agree that this contract is missing some specifics. Please check out the contract I created and posted on my web site. What I did was to search the Internet for a large variety of contracts. I found segments that I liked and others I didn't. I then compiled all the ones that seemed important to include. I went through a process of reworking much of it over the course of several months. I had my father-in-law look at it. He had some specific changes that needed to be made. He said I was not doing enough to protect myself. Finally, I sent it off to some relatives that own their own business and have worked with lawyers many times on very similar contracts. They had a number of suggestions. Disclaimer: You must decide for yourself the validity of this document that I am providing at no charge. If you have any questions or are unsure of the nature of any of it please contact an attorney. I think it's pretty good and have never had to use it to make someone pay, etc. The main reason for that is my clients have been happy.
_____________________________ "Keep away from people who try to belittle your ambitions. Small people always do that, but the really great make you feel that you, too, can become great." — Mark Twain (in reply to Runamok) |
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elderban Posts: 186 Joined: 8/24/2003 Status: offline |
You can find all kinds of contracts on the web. Just do a search for "video production contract" and you can even add ".doc" or ".pdf" to narrow it down.
(in reply to Runamok) |
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DODOZ Posts: 698 Joined: 1/2/2007 From: Chicago Status: offline |
Thanks Richard...!
(in reply to Richard M) |
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gornboy![]() Posts: 42 Joined: 1/5/2008 Status: offline |
Here's a great contract I use when making commercials, courtesy of the Association of Indepentent Commercial Producers: http://www.aicp.com/doingbusiness/scpa.html That's the link to the download page for the file, anyway. I just modify it to suit my needs, based on the size of the production. (in reply to DODOZ) |
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Shaun C. Roemich Posts: 1377 Joined: 11/1/2007 Status: offline |
Wow, Rick, that IS comprehensive. Thanks for the post!
(in reply to gornboy) |
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dark_reaper Posts: 10 Joined: 2/25/2007 From: Jacksonville, Fl Status: offline |
I know this post is a bit old, but very useful. I have a client that came to me for a project, and I am using this project to get my new business off the ground. He asked me to do one project for him once a month for six months. I will be financing the equipment and use most of the money earned to pay the equipment. (When u work in TV you dont get paid much.) This is my first client, and well my first business. How can I state in my contact that could ensure that I work for those six project? I am new to all of this, and one edge that I have than most local video companies, I can get a live TV-studio with crew and know how to operate anything. I figure this will be a good time to launch my new business. Thanks in advance and you all are very helpful. (in reply to Shaun C. Roemich) |
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pauld![]() Posts: 1285 Joined: 4/8/2008 From: Wooster, Ohio Status: offline |
Great forum, great info. Does anyone use a model release form? And if so, could you pm me or post it?
_____________________________ Paul D, Rainmaker Business Success Enterprises http://www.BusinessSuccessEnterprises.com Bedrock Alliance Group, Inc http://www.BedrockAllianceGroup.com "To Get What We've Never Had, We Must Do What We've Never Done!" (in reply to dark_reaper) |
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video777![]() Posts: 492 Joined: 10/2/2006 Status: offline |
Paul, Here's one I just used a couple weeks ago. Visual Appeal Enterprises LLC VIDEO RELEASE FORM For good and valuable consideration, the receipt of which is hereby acknowledged. I, ____________________, hereby grant Visual Appeal Enterprises LLC permission to take and use my likeness in all audio or photograph or video media. I consent to the photographing of myself and the recording of my voice and the use of these photographs and/or recordings singularly or in conjunction with other photographs and/or recordings for advertising, publicity, commercial or other business purposes. I understand that the term "photograph" as used herein encompasses both still photographs and motion picture (aka video) footage. I hereby irrevocably authorize Visual Appeal Enterprises LLC to edit, alter, copy, exhibit, publish or distribute this media for the purposes of publicizing their programs or for any other lawful purpose in all domestic and foreign markets. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. I understand and agree that these materials will become the property of Visual Appeal Enterprises LLC and will not be returned. Additionally, I waive any right to royalties or any compensation arising or related to the use of the media. I hereby hold harmless and release and forever discharge Visual Appeal Enterprises LLC, and any of its associated or affiliated companies, their directors, officers, agents, employees and customers, and appointed advertising agencies, their directors, officers, agents and employees, from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I am 18 years of age and am competent to contract in my own name. I have read this release before signing below and I fully understand the contents, meaning, and impact of this release and freely consent to its contents. If under 18: I, ____________________, am the parent/legal guardian of the individual named above, I have read this release and approve of its terms. Print Name: ___________________________ Signature: ___________________________ Date: ________________________ Event covered by this agreement: Dates covered by this agreement: _____________________________ "Keep away from people who try to belittle your ambitions. Small people always do that, but the really great make you feel that you, too, can become great." — Mark Twain (in reply to pauld) |
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Lthrboots![]() Posts: 1846 Joined: 10/1/2006 Status: offline |
I'm working on my first big production right now, so these tips and links and files will hopefully help me to be covered should anything arise. I hope it goes smoothly. My legs are shaking, because this is new water to me. I have done small things, but this one involves a few location shoots, photography, and video editing.....so I should be a wreck by the end of the job...but hopefully the paycheck at the end will calm my nerves a bit. Wish me luck. _____________________________ www.JGJMedia.com Jerry@JGJMedia.com www.Lthrboots.com Jerry@Lthrboots.com www.JerryGJones.com Jerry@JerryGJones.com -------------------------------------- (in reply to video777) |
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bbeanan![]() Posts: 1104 Joined: 3/18/2007 From: Las Vegas Status: offline |
One thing I will add to this post is even if you have a contract you may still not get paid... Right now I have 1 client that owes me over $20,500.00 I have a 6 page contract with both a business and personal guarantee. But if I want to file suit it will cost me another $2,000 in legal fees, then once I win I have to try and collect which I assume the client will still not have the $$$ to pay and end up filing BK. And this is a project that I did 3 days before their grand opening, put in 50" Plasmas, full sound system and I was nice enough to give the owner payment terms that they agreed on just to help them out starting their business... _____________________________ ================= Brett Beanan Own it... ahh I give up.. Own a bunch (in reply to Lthrboots) |
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Lthrboots![]() Posts: 1846 Joined: 10/1/2006 Status: offline |
Thanks for the heads up... hopefully this project won't turn into a video nightmare...
_____________________________ www.JGJMedia.com Jerry@JGJMedia.com www.Lthrboots.com Jerry@Lthrboots.com www.JerryGJones.com Jerry@JerryGJones.com -------------------------------------- (in reply to bbeanan) |
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mptribe![]() Posts: 4459 Joined: 7/10/2007 From: Sanford, FL Status: offline |
Sounds like you could go repo the tvs and sound system, unless that was just for the grand opening.
_____________________________ Marc (in reply to Lthrboots) |
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bbeanan![]() Posts: 1104 Joined: 3/18/2007 From: Las Vegas Status: offline |
ahh yes I could but then I need to get a repo order in California (and I'm in Las Vegas) then I have to hire either the police dept or a repo company... which if I had the cash then I would just go the legal route... it just sucks... _____________________________ ================= Brett Beanan Own it... ahh I give up.. Own a bunch (in reply to mptribe) |
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Keckster![]() Posts: 1610 Joined: 6/23/2006 From: Little Rock, AR Status: offline |
My general rule... 1/3 up front at signing, 1/3 at start of event, 1/3 at final delivery.
_____________________________ Jon Showcase (in reply to bbeanan) |
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bbeanan![]() Posts: 1104 Joined: 3/18/2007 From: Las Vegas Status: offline |
as my wife always says.... "Brett you are way to trusting of people" and trust me my bank accounts have the scars to prove it... _____________________________ ================= Brett Beanan Own it... ahh I give up.. Own a bunch (in reply to Keckster) |
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Lthrboots![]() Posts: 1846 Joined: 10/1/2006 Status: offline |
Brett, I think a lot of us in here are the "way too trusting of people" types.... until we get burned. From what I picked up on in the forums, a lot of the members in here are very kind, generous, and helpful......but in this business, we are the kind of people who get burned.....so getting a thick skin and standing firm is something we have to practice on a daily basis in the biz. I know I do. I am easily swayed...or used to be.... and now I am getting more strict and firm on my business dealings. ....but when you LOVE to create video and print work, saying "YES" right away to a job doing those fun things is very easy to do..... I always have to bite my tongue when someone asks me to do a video..... My first instinct is to say "SURE! No problem.", and jump right in creating something. I love video editing and playing with all my Juice stuff.......naughty naughty.... .... patience grasshopper.... --------------------------------------------------------------------------------------------------------------- The best way to stand firm is to remind yourself how much you paid for all your equipment and remember that you need to get your money back on those things before making a profit. That always makes me be very firm in what I ask for a price, because I have a lot of money tied up in my gear right now.......and it's still only a small amount compared to some of you in here with major gear. I drool looking at the gear list for some of you in here. _____________________________ www.JGJMedia.com Jerry@JGJMedia.com www.Lthrboots.com Jerry@Lthrboots.com www.JerryGJones.com Jerry@JerryGJones.com -------------------------------------- (in reply to bbeanan) |
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video777![]() Posts: 492 Joined: 10/2/2006 Status: offline |
I agree that most of us are very trusting. I remember when I was first starting out I would have friends ask me to video their weddings. I didn't have a contract at the time (nor did I think I needed one). When they asked how much it would be, I would say something like "I'll just leave that up to you." Do you have any idea how many weddings I did for $100? I still do work for little money or for FREE but it is at my discretion. I now let people know that they will need to discuss their needs with me and I'll come up with the price for their project. That has saved me a lot of headache and has also made it easier to plan for changes in our business, like new equipment. _____________________________ "Keep away from people who try to belittle your ambitions. Small people always do that, but the really great make you feel that you, too, can become great." — Mark Twain (in reply to Lthrboots) |
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LCOGMedia![]() Posts: 5 Joined: 4/17/2009 From: Lafayette, Tennessee Status: offline |
I would LOVE to see a copy of your contracts! My husband and I are brand new to all of this. We are producing a weekly TV program for our church that airs on local channels, but is about to be picked up by a few more. Very exciting, but very overwhelming. It is starting to get around about the type of work we do and some pastors are wanting to hire us. We live in a very rural part of Tennessee and have no one to ask these type of questions. We are also about to start a separate business under our church that will produce shows for other churches. We have no idea how to set prices for any of this. We will offer services from editing to creating intro and exit bumpers to who knows what. We would LOVE to hear any advice that anyone here would like to give us. Sincerely Sheri (in reply to Richard M) |
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Lthrboots![]() Posts: 1846 Joined: 10/1/2006 Status: offline |
Sheri, the best advice I can give you, is to search in GOOGLE for websites that have "video production" "wedding video production" "videographer templates"...etc..... Searching through those terms can help you find sites similar to what you may be doing, and then look for their page with the CONTRACTS/PRICES etc. on it....then you can compare a few sites to come to an average price you can charge which will be compatible with other companies, without going too overboard and charging too much. --------------------------------------------- ...but, the best thing you can really be doing, it to search GOOGLE for video production companies in your area to get an idea of what they charge, and what services they offer. I did that for Dallas, where I live, and have found some companies charging more than I do, but having awful videos.....so I adjusted my contracts and fees to fit my local price averages..... ------------------------------------------ I think prices for videography mainly depends on your local competition. You may be worth a lot more money, but if the competition is cheaper, most people will go with them first......so balance out your local competition's rate, along with the quality you can produce...and then come up with the fees you charge.....if you are worth the extra money, go for it...but make sure you SHOW IT on your website and portfolio......nobody will pay the big bucks until they see you can deliver the goods. _____________________________ www.JGJMedia.com Jerry@JGJMedia.com www.Lthrboots.com Jerry@Lthrboots.com www.JerryGJones.com Jerry@JerryGJones.com -------------------------------------- (in reply to LCOGMedia) |
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LCOGMedia![]() Posts: 5 Joined: 4/17/2009 From: Lafayette, Tennessee Status: offline |
Thanks for the info. I'm going to start googling right now.
_____________________________ Sheri (in reply to Lthrboots) |
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