Sample Production Contract

[David Settlemoir]

Does anyone have a sample production contract they are willing to share?  I guess it is time to finally start using one (after the email I got from a producer this morning) after submitting an invoice for my 17 hour day yesterday:

 

"I don't do mileage. I pay for gas, I thought I explained that. And I didn't know you were charging for travel time. 

I have never paid an hourly rate for any sound person traveling from little rock.

So we need to figure something out."

 

I've been in this business for about 25 years and I think this is only the second client that has balked at mileage or travel time (first was when I worked on Unsolved Mysteries as a PA in the 80's when they didn't want to put me in a hotel.)  I wouldn't have driven seven hours total just for a day rate and equipment rental.   

 

Thanks.

 

David

[Geoff Tirrell]

Ditto I am also in need of a sample or boiler plate production contract that I can modify to suite my needs.  I have had a couple of jobs in the last year that have made me cringe enough to be looking to bring things past the handshake that I have used most of my career.  

 

If anybody could pm me one or preferably a couple I would greatly appreciate.  I only mention a couple of versions or types as I would like to be able to compare clauses.  And find myself in a slightly different position from many here as I provide both camera and sound services.

[Jesse Flaitz]

I generally consider up to an hour of travel time on me, beyond an hour I'll start pushing for travel time pay.

[Richard Lightstone, CAS]

Were these Non-Union jobs? Otherwise terms you've both outlined are generally covered in the Area Standards Agreement, or whatever your local union contract is. Many states have there own set of Labor Laws as well.

Of course I'm speaking about work in the Sound Department. P.A's are really paid interns -those "earnings" is the priviledge of being on a production and learning.

[mikefilosa]

FWIW, lately I have been taking firm steps towards email confirmation of all rates and terms on every job I can.

At the head of the email is:

"please hit me with a quick reply to let me know this 'made it' to you and that we are in agreement of all terms and points"

 

Regardless of distance, even if it's just downtown, in the terms of engagement I stipulate:

 

1 - Rate for labor, usually based on ten, then specifically "OT @ 1.5x"

2 - Travel time and rate, if applicable.  Some places are clearly 1/2 day drives, some 1/4.   Though not fair in my opinion, few people here charge for OT driving on longer-distance returns to the homeland, so straight time tends to prevail. 

3 - Equipment - specifying package contents (extent of detail within reason), specifying Single or Double System sound per "our discussion"

4 - Add-ons and their rates, i.e. additional wireless mics, additional slates, sync boxes, additional client headsets, all billed "as used", which also means as approved.

5 - 50 free roundtrip miles per day, portal to portal, excess at gov't rate (do I bill for 5 miles, no, but at least I could if we go way beyond.   That's about $10-12 in daily mileage costs I am happy to absorb as any commuter often does, but beyond that I need to be compensated as a production vehicle.

6 - EXPENDABLES - Lithium 9v, Regular 9v, Lithium AAs, and AAs are clearly stated in the email.  To this day, I do not understand why some brethren think it's perfectly fine to throw $2 bills down on the floor all day, but some do - thus clients need to be reminded of the cost of getting things done.   Without such stipulation and consideration, one could easily lose $20 or more per day on wireless-heavy day work. 

7 - Deliverables - though not as common anymore, disc and tape prices listed if part of the workflow.   If there is no on-site data management, I urge them to bring CFs if possible, and am now happy to sell them 4GB CFs if they need them.  I may be in the minority, but personally do not like to hand over cards with just the promise of their safe return....

 

This policy of mine has helped, but honestly was borne from early experiences just like yours - sorry for your suffering. 

Lessons learned for sure....  and they are complete A**holes for thinking there is no mileage or compensation for 7hrs of roundtrip travel --- you are NOT a loca in that case at all, plain and simple.  

 

MF

[ccsnd]

I always send a quote.  on that quote are my terms and conditions.  If they don't look at it before production, that is not my fault.

 

I always ask for a email response to the quote.  No response, I don't show up.

[Eric Toline]

Write your own deal memo outlining the items that are required, i.e. ot, mileage, travel time, meal breaks, extra gear, etc, etc. Leave nothing unlisted. A paper trail signed by both partys is your strongest ally if there is disagreement over who pays what.

 

Eric

[David Settlemoir]

Were these Non-Union jobs? Otherwise terms you've both outlined are generally covered in the Area Standards Agreement, or whatever your local union contract is. Many states have there own set of Labor Laws as well.

Of course I'm speaking about work in the Sound Department. P.A's are really paid interns -those "earnings" is the priviledge of being on a production and learning.

 

Non-union.  Arkansas is also a Right-To-Work state.  Its been a long time since I've had to deal with being a PA.

 

I've never thought of using the quote function on the Paid! invoicing  software I use.  Might be time.

 

Thanks for all the replies.

[Marc Wielage]

Rick Patton (formerly of Trew Audio) has a very nice explanation of How to Do a Deal Memo, with a sample deal memo, at this link:

 

http://www.trewaudio.com/audioflow/doing-a-deal/

 

I think having a basic understanding of hours worked, overtime meal breaks, travel time (and mileage), equipment provided, and pay rates is very reasonable, and it's possible to do a deal memo in as little as 5 or 6 sentences. You know, like this...

 

Sound mixer and Production Company agrees to the following terms: $XXX/12 hours (including a 1-hour meal break), to include a basic equipment package of X wireless microphones and 1 boom microphone, with a mono mix feed to camera, X Comteks for monitoring, plus mixer and recorder. Production company will agree to 1.5X pay over 12 hours and 2X pay over 14 hours (or whatever is agreed). Mileage will be included up to 20 miles from portal to portal; production company agrees to pay 50 cents/mile per mile over 20. Batteries and other expendables will be provided at a cost of $X per day. Production company agrees to provide a Certificate of Insurance for all sound equipment included in the package. Production company agrees to provide a check payable in full to Sound Mixer at the end of the shoot. Additional equipment will be provided at a competitive pro-rated cost as needed.

 

I think this is pretty basic, but sometimes you have to spell it out, especially for the types of casual, laissez faire shoots that have become all-too-frequent. I have had handshake deals that sometimes have gone wrong, because each of us made presumptions about the other. And I've also had regular clients for whom I'm willing to occasionally let things slide a little bit, like giving them a half hour at no charge, simply because they're good people who throw a lot of work my way.

 

Deal memos have been discussed before here:

 

[Richard Ragon]

Here's the deal memo from my last job.. This was written by a client.

 

Feel free to have it, look it over.. all I ask is that if you modify it, show me what you modified.  I might want to build a 'generic' one for a catch all..

 

http://deepmagicstudios.com/downloads/LeonFilms_RichardDealMemo.doc

 

-Richard

[David Waelder]

This business of drawing up a list of policies and expectations and e-mailing it to clients is a very dangerous practice unless done very carefully and with discipline.

 

Some years ago, when I had need of a simple contract to deal with rental situations, I reviewed the situation with my sister, a practicing attorney. She advised against the practice of sending out that kind of list. While one would think that a provided a list of conditions would govern a working arrangement unless specifically rejected, the REVERSE IS ACTUALLY THE CASE.

 

In the normal practice of law, the list of conditions is an offer of a contract and, UNLESS SPECIFICALLY ACCEPTED, IT IS REGARDED AS REJECTED.

 

I can't say this is true in every state as laws do vary but it was the case in both New York and Washington DC.

 

Of course, if the client responds and agrees to the terms, then all is good. But if the client is simply unresponsive, then the terms are not enforceable.

 

I recommend consulting an attorney and proceeding accordingly.

 

David

[Malcolm Davies Amps CAS]

Here's the deal memo from my last job.. This was written by a client.

 

Feel free to have it, look it over.. all I ask is that if you modify it, show me what you modified.  I might want to build a 'generic' one for a catch all..

 

http://deepmagicstudios.com/downloads/LeonFilms_RichardDealMemo.doc

 

-Richard

I was very surprised to see in section 8 that they would not insure your equipment.

[RPSharman]

Malcolm,

It's become very common for productions to ask us to sign a generic Deal Memo excluding insurance for "box rental". I always refuse, and explain my sound package is not a computer or a tool kit or a camera cart, but $100k+ worth of gear and requires insurance. It's not a "box" but an equipment package.

I insist on a Certificate of Insuance and I carry my own insurance too, in case the truck catches fire and the lawyers above my producers decide there's "no specific language in my agreement to cover the gear". I have NEVER successfully had production sign my rental agreement. But I have never signed the deal which excludes insurance.

[Richard Ragon]

Malcolm, 

 

I knew someone was going to catch that.. Yeah, that contract made me worry too.. It was a very low budget gig.  They paid me so much that there was no money for any crafty! 

 

Doesn't mean someone can't re-write that!

 

-Richard

[VASI]

http://www.bectu.org.uk/advice-resources/library/1090

[Marc Wielage]

In the normal practice of law, the list of conditions is an offer of a contract and, UNLESS SPECIFICALLY ACCEPTED, IT IS REGARDED AS REJECTED.

 

That reminds me of this famous line from the contract with the devil the guy signs in the terrific DePalma movie Phantom of the Paradise:

 

[mikewest]

Had words with two good clients about charging a nominal amount for my vehicle.

 

This particularly when they say "I did not ask you to travel anywhere"  (not to location???)

 

My reply:

 

I could not bring the sound gear on the bus!!!!!!!!!!!!!

 

mike

[fieldmixer]

-Richard

I was very surprised to see in section 8 that they would not insure your equipment.

Very standard to see that in my market. I implore anyone who gets that stipulation to CROSS it OUT and write in the opposite, initial and have it initialed.

[RPSharman]

While we are on this topic...

 

This is a rental agreement I have pieced together from those given to me by NBC and WB,
both of which provide insurance for the equipment.

 

 

RENTAL AGREEMENT.pdf

[Ed White]

Thanks Robert,

I keep forgetting to save this thing when I get it!