Nick Campbell Posted April 19, 2013 Report Share Posted April 19, 2013 Hey, I am getting more work and have begun writing out a formal contract that stipulates my rate, hours worked, OT, etc. I searched here and did some googling before, but it's a pretty small topic so I was wondering if anyone had a copy of their non-union contract they could send me to work off of/compare against my own? The few areas I'm focusing on are: -base hours for a day rate -designated break time -overtime costs -damage to equipment -half-day costs -breaking contract fees -rental fees I have a good start but it's not coming out as official-sounding as I'd like. I'm a small fish out here but I'd also like something to cover myself against damage to my equipment, non-payment, etc. Especially interested in rental agreements for my equipment that fully cover damage. As always, thank you guys! And you can PM me and I'll drop my email address if you are able to help. Quote Link to comment Share on other sites More sharing options...
JesseF Posted April 19, 2013 Report Share Posted April 19, 2013 http://www.trewaudio.com/audioflow/doing-a-deal/ Quote Link to comment Share on other sites More sharing options...
Nick Campbell Posted April 19, 2013 Author Report Share Posted April 19, 2013 Somehow I missed that topic in my search- shit, cue Senator! Thank you for the help! Quote Link to comment Share on other sites More sharing options...
Marc Wielage Posted April 20, 2013 Report Share Posted April 20, 2013 Important safety tip I recently learned: specify in the contract when you need to get paid. It's annoying when a nominal 10 days turns into 30 days, and then that turns into, "well, 30 business days or when we get around to it, whichever comes first." Quote Link to comment Share on other sites More sharing options...
mikewest Posted April 22, 2013 Report Share Posted April 22, 2013 For day work here it's worked on basic understandings 10 hour day including lunch Half day is 0.6 labor rate OT is 1.5T for first 2 hours and after that 2T Insurance is yours so charge equipment rate accordingly except travel overseas is covered by production I always separate labor rate from gear as every shoot needs different gear Presenting a PM with a contract does not work here for short jobs But for long jobs production presents a contract that you may need to discuss I think a friendly discussion with the PM is always the best way particularly if they need a deal mike Quote Link to comment Share on other sites More sharing options...
Toy Robot Posted April 22, 2013 Report Share Posted April 22, 2013 Trying to get productions to approve 'contracts' for the corporate and documentary style work I do is almost impossible, particularly since much of the work I do is very short notice. I gave up on it a long time ago. It worries me that if a piece of equipment breaks I won't be able to get production to cover it, but I don't know the workaround. How do non-narrative, non-big network reality guys deal with this? I don't mean to hijack the thread but I feel it's relevant. Quote Link to comment Share on other sites More sharing options...
JesseF Posted April 22, 2013 Report Share Posted April 22, 2013 @Alex Most of the corporate/doc stuff I do is through a third party production company that hires me. They usually have insurance on those projects. If they don't, I make it clear that I won't do anything to put my gear in a compromising situation and usually the only risk is some talent removing my lavs in a less than careful manner. Most production companies will cover the loss of a broken $300 lav. I've used productions backup G3 packs a couple of times where I wasn't comfortable using my gear in a particular situation. That's often not an option, and it sucks when you can't get real confirmation of insurance, but it's better than losing a TX/mic because "the talent probably won't fall in the river..." Quote Link to comment Share on other sites More sharing options...
studiomprd Posted April 22, 2013 Report Share Posted April 22, 2013 " How do non-narrative, non-big network reality guys deal with this? " insurance.. and charging reasonable rates... or not! Quote Link to comment Share on other sites More sharing options...
Toy Robot Posted April 22, 2013 Report Share Posted April 22, 2013 " How do non-narrative, non-big network reality guys deal with this? " insurance.. and charging reasonable rates... or not! That part is covered, thankfully. And to date (knock on wood) I have been able to keep all of my equipment safe and sound. Some things have indeed broken, but I've been able to get them fixed for cheap or have done it myself, or they have been items that have worn out through the normal course of wear over years and I didn't feel it was right charging production to fix or replace. @ Jesse, I know what you're getting at, but "Most production companies will cover the loss of a broken $300 lav," is an assumption. I'm not picking a fight as you are obviously trying to be helpful and it is input that is very much appreciated, but my point is that assuming production is going to be willing to pay for a $300 piece of broken gear when they might have assumed you were insured and were willing to cover it is a dangerous assumption. In my experience, if it isn't in writing then you are at the mercy of their decision. So my worry is that we might find them less accommodating than we think. Again though, my equipment is insured fully and to be honest most of the time a simple explanation to talent that you'd either like to help them remove lav mics or to "pull on the tape, not the cable" is sufficient to prevent breakage. And most of the rest of our stuff is built like tanks, so if it breaks it hopefully wouldn't be too hard to prove negligence, and thus hopefully find them more willing to replace broken gear. Quote Link to comment Share on other sites More sharing options...
studiomprd Posted April 22, 2013 Report Share Posted April 22, 2013 " Some things have indeed broken, but I've been able to get them fixed for cheap or have done it myself, " equipment is your professional tools, and in rental, wear and tear is a clear factor, and insurance covers losses beyond normal wear and tear. all of the costs of business, including normal w/t depreciation, and insurance are part of the rental rate you get, and cheaping out on repairs is not advised. Back in those golden by-gone days, most of us routinely and regularly sent in our Nagra recorders for periodic preventive maintenance and tune ups... " In my experience, if it isn't in writing then you are at the mercy of their decision. " then get it in writing... a Certificate of Insurance would count.. Quote Link to comment Share on other sites More sharing options...
David Waelder Posted April 23, 2013 Report Share Posted April 23, 2013 There are really two issues at play here: 1. A contract for services spelling out the agreement for rate of pay, overtime, etc. 2. A rental contract that governs responsibility for loss and damage as well as rental rates. It's good to have a written agreement for services but it's devilishly difficult to negotiate, especially for short term assignments. In general, I've not concerned myself too much with service agreements. There is usually a limit to how badly I might be burned by a disagreement over pay and overtime. If production is unwilling to pay properly, I can always leave. Ordinarily I wouldn't be on the hook for more than a week's work. It would certainly be a hardship to be paid less than proper wages for a week of work or, worse, to be cheated entirely, but it's not a calamity. Responsibility for equipment is potentially an issue of much greater consequence. It a significant part of my gear were to be lost or damaged I wouldn't be able to take on other assignments until I managed a replacement. Getting an Insurance Certificate is important but not certain assurance that the production company was assuming responsibility. The insurance company has no obligation to settle a claim made by a holder of the certificate. Only the insured, the production company, has the authority of make a claim with a legal expectation of settlement. More important than the Insurance Cert. is a contract signed by the company assuming responsibility. With that in hand, the insurance company is obligated to make a settlement unless there are proper grounds to contest. Researching an article on the subject, I spoke with several insurance executives who told me that the rental contract carried substantially more weight than the Insurance Cert. The best sort of contract to have is something akin to the contracts used by camera rental companies. They are very detailed and they spell out the timetable for settlements and other issues. Of course, these are a full page of 3 pt type and tend to send Production Managers into consultations with attorneys before they sign. Or, maybe they just look for another sound person. In consultation with my sister (an attorney) I learned that the really important issue can be stated very simply. With an honest company, all you really need is a statement to the effect that the production company is renting gear from you and that they assume responsibility for its safety. There are possible pitfalls to not having a contractual understanding of how disagreements are to be adjudicated but even iron-clad contracts can be stonewalled by companies of bad faith. Here is an example of a suitable rental contract drawn up with legal assistance. (But note, laws vary by state and what works for me cannot be guaranteed to work for you.) I've not had difficulty getting PM's to sign this document. Letterhead [Name of Production Company] Address Phone [Date] [Name of Production Company] is renting motion picture sound equipment from [Your Name Here] for the production of “Name of Show.” [Name of Production Company] acknowledges receipt of an inventory of the supplied equipment and pledges to assume responsibility for its safety and to provide insurance coverage at replacement value. Rental is expected to commence on [Date of load in] and conclude on or about [Date]. Signed and agreed to by: Position: Quote Link to comment Share on other sites More sharing options...
Toy Robot Posted April 23, 2013 Report Share Posted April 23, 2013 David that was an excellent post. Thank you. Quote Link to comment Share on other sites More sharing options...
David Waelder Posted April 23, 2013 Report Share Posted April 23, 2013 Thank you. Glad to help, Alex. Thank you for the acknowledgement. David Quote Link to comment Share on other sites More sharing options...
Nick Campbell Posted April 23, 2013 Author Report Share Posted April 23, 2013 Thanks for all the info guys! @Alex Most production companies will cover the loss of a broken $300 lav. Unfortunately that is fairly close to my day rate and I work with low-budget companies that probably wouldn't/couldn't cover a cost like that in a quick manner. Quote Link to comment Share on other sites More sharing options...
studiomprd Posted April 23, 2013 Report Share Posted April 23, 2013 " I work with low-budget companies that probably wouldn't/couldn't cover a cost like that " then a contract would not really improve the situation. at this point we could morph into a discussion of how you are actually investing in these projects... Quote Link to comment Share on other sites More sharing options...
Nick Campbell Posted April 23, 2013 Author Report Share Posted April 23, 2013 Sorry, I meant to add "by choice". Quote Link to comment Share on other sites More sharing options...
VASI Posted April 26, 2013 Report Share Posted April 26, 2013 For day work here it's worked on basic understandings 10 hour day including lunch Half day is 0.6 labor rate OT is 1.5T for first 2 hours and after that 2T Insurance is yours so charge equipment rate accordingly except travel overseas is covered by production I always separate labor rate from gear as every shoot needs different gear Presenting a PM with a contract does not work here for short jobs But for long jobs production presents a contract that you may need to discuss I think a friendly discussion with the PM is always the best way particularly if they need a deal mike Hello Mike, The insurance (or Social Security like OAEE at Gr) cover and the boom op work? Quote Link to comment Share on other sites More sharing options...
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