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when something breaks on a shoot.....


pvanstry

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Just finished a shoot where the talent was doing some really crazy stunt and of course was wearing one of my UM400 beltpack with a Lav.  Right after the shoot, the production assistant comes to me with a list of paper that i have to sign for insurance purpose.  They were stating that i was entirely responsible for my equipment and all accident including crazy stunts.  Plus it was stating that this was valid for a full year.  I didn't sign.  I waned to know what is the general rule on this.  I would believe that if something gets broken on a shot, production is responsible for repairing or replacing the item....  Should i prepare a paper to get signed by production before shooting??  How do you guys deal with this???  I should maybe specify that i am in Canada if it makes any difference....

Thank you

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I would believe that if something gets broken on a shot, production is responsible for repairing or replacing the item....  Should i prepare a paper to get signed by production before shooting??  How do you guys deal with this???  I should maybe specify that i am in Canada if it makes any difference....

Thank you

It may make a difference that you are in Canada but I would imagine that Canadian law may be more in favor of the "little guy" than we are here (but I could be wrong). General practice here in the U.S. is that production is responsible for things that are damaged during that production, and wireless mics on talent are right up there at the top of the list of things that DO get damaged. Comtek (and other type) monitor systems, headphones and so forth, also get damaged routinely on every shoot. I have never had to get anything signed up front regarding this (other than the standard insurance certification) nor have I ever signed anything putting the responsibility back on me. There are gray areas where a piece of your own gear is broken or fails at YOUR OWN HAND or your crew, and I have had to negotiate these things at times. When equipment fails and it is equipment that you or your company is renting to the production, it is the responsibility of the RENTAL company (possibly YOU) to replace it with functioning equipment.

Regards,  Jeff Wexler

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There are lots of US production companies (and others) who make you sign such an agreement before you start to work.  Cisco Systems, makers of internet routers, is one: when you work for them doing their promos or corporate media you not only have to sign off that you understand that they are responsible for nothing in your kit, you also have to promise that you will quickly replace anything that gets put out of action (so as to not hold them up) and that any damage done by your gear is covered by you.  On the first job I did under this agreement I asked the grip-truck-owning gaffer about this, figuring he had the most liability, and he said that the company made it clear that he had to sign or they'd hire someone who would sign.  I've now seen contracts like this from Discovery, National Geographic TV, Pixar/Disney and have heard about them coming from Sony Pictures and others.  In some cases, where I've been hired by a producton company who is under contract to the Big Co.,  I've gotten the prod. co. to indemnify me in a separate letter.  In other cases, where I'm dealing directly with the big company....well...how bad do you want the job?  It is totally unfair lawyer bullshit, but it has become very common.  As to signing AFTER a job....I don't think so.  They can't not pay you because you didn't sign a doc like this after services were rendered.  They might not hire you again though, if you don't sign.

Philip Perkins

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great topic and a hot one I am dealing with right now. (coffey sound rental) I rented a DEVA  to a sound mixer who as a subcontrator rents his entire package (with the subbed rental deva ) to the prod. company direclty in his name. as I am sure most of tyou do.

the last week of shooting 1/2 his sound package was stolen,including the deva. his cooper 106 (used like, 5-7 years old) and 4 lectro um400's w.sankens and a few shotgun mics etc. (a camera was stolen to, they said the security man on duty that night fell asleep)

Now remember, HE rented the deva from coffey not the prod company.

so I faxed over the rental aggreement from me to him with the "terms & conditions, re: lost and damaged stolen equipment etc. to the mixer and he faxed over to the insurer broker. LUCKILLY,  they are not disputing the deva at all or the 100g HD that was inside. they will and are in fact paying us in full for the REPALCEMENT cost of a new Deva V.

now for the mixer my buddy he is a liitle screwed, the insurance co. is only paying for the VALUE of the gear right now. not considering the fact that the mixer or freelance contractor has to purchase brand new gear for a fraction of the price the broker is willing to pay for his stolen equipment.

the mixer told me if indeed he had a RENTAL CONTRACT AGGREEMENT (like the one you sign from your vendor when ever you sub gear to supplement your package,) he would have been paid full repacement cost for brand new gear.  I will give him a new qoute for the "value" of his gear that was stolen, because the invoice he turned in was rejected by the insurer.(  tried for full replacement for new gear.)

I guess the moral of the story is not only deal memo's but a rental contract or aggreement for L & D and stolen gear is mandatory. clearly stating, that if your gear is stolen, you get replacement costs not the VALUE.

good luck,

Frank

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There was a time when NBC (pre NBC/Universal days) would state in their deal memos that they would not insure equipment. But then when pressed on it, the production would come up with a certificate of insurance any ways. I've always demanded a production insure my equipment. If they still said no, I would ask if they were not insuring the camera package from Panavision - of course they were. They would then insure my package. I also make it a policy to ask for the certificate of insurance before the equipment leaves my possesion or arrives on the set.

I used to live and work in Canada and the policy to insure equipment rental was in place there to. Film companies have to have insurance to cover all sorts of potential disasters, losses and accidents. Bond companies and banks will insist on it.

I'd stand my ground and if they played that game on the first day of shooting, I'd start to wrap up the gear and let them know that they could try to find some one else to work for them with no insurance. I'll bet you they'd relent. Yes they'll try to make you feel like you've busted their balls and maybe they won't hire you again. But who wants to work for people who do not respect you or your investment. You should send a bill to the company with the repair costs. You can find an attorney who will help you pro bono to send the bill on his/her letterhead. I would not let them get away with this.

Good luck,

Richard

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I would like to add my voice to good points made by Frank and by Richard.

The certificate of insurance is not enough because it does not specify that a rental relationship exists between the mixer and the production company. Ideally, one would have the company sign a comprehensive agreement spelling out rights and responsibilites in the event of a loss. Sometimes prying such a document from a production company can be quite difficult.

I work with an abbreviated form that (theoretically) provides most of the protection of a longer contract. First I send the company a complete inventory of my gear with valuations provided. Then I ask them to draft a letter of agreement on their own letterhead. I supply the following copy as a template:

[Name of Production Company] is renting motion picture sound equipment from David Waelder for the production of “Name of Show.” [Name of Production Company] acknowledges receipt of an inventory of the supplied equipment and pledges to provide insurance coverage and to assume responsibility for its safety. Rental is expected to commence on [Date] and conclude on or about [Date].

Signed and agreed to by:

This copy omits specifying replacement value and perhaps I should modify the agreement to incorporate that point. However, that is partially covered by the valuation provided in the supplied inventory.

The agreement is sufficiently simple and clean that I have had very little difficulty getting it signed. But if there were a flat out refusal, I wouln't hesitate to turn away from the job. Who needs an assignment that ends up costing money rather than earning it? And who needs to work with people who are scheming how to evade responsibilities?

Do I ever cut corners and work without this signed document? Well, yes, occasionally with a one-day assignment I might especially for an established TV show or other "reputable" producer. I do have my own insurance policy as a back-up. But I would never work anything longer than a day or so or work for a company I didn't know well without something in writing.

David Waelder

(working e-mail is my name + wae, my server is earthlink dot net)

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