Richard Patton's Deal Memo

[Chris Thueson]

I've been working on making myself a proper deal memo. In my searches throughout the forum and other sources, I realized that Richard Patton's excellent sample deal memo found in "Sound Man" is, to my knowledge, nowhere to be found online. I typed it up nearly verbatim and edited the parts that were Canadian to make them applicable to a US mixer.  I cleared it with Jeff to post it here as a reference for the rest of you.

 

Richard Patton's Sound Mixer deal memo: https://docs.google.com/document/d/1pQRje05CCPElxdVJuxQOo50n-wIrlbPzGCZ8xJDyDHE/edit?usp=sharing

 

Please note, I have obtained permission from the copyright owner to publish this text here. This text is intended for informational purposes and may be shared freely within the sound mixer community and for the greater good, but may not be used or republished for personal or monetary gain aside from use as a deal memo for services rendered. This is at the the request of the Patton estate. Please be respectful!

 

If anyone would like a PDF copy to host in a more permanent location, or if you notice any errors with the document, please let me know.

 

My hope is that this will help those, especially newer mixers like myself, looking for a deal memo tailored to the sound mixer profession.

 

Richard Patton's article (also found in his book) detailing the importance of a deal memo can be read here: http://www.trewaudio.com/audioflow/doing-a-deal/

 

I noticed that the PDF memo attached to the article on Trew's site is not the deal memo found in the book, which prompted me to type this memo up because I feel it is more specific and beneficial to sound mixers, especially in regards to gear and rates.

 

You can purchase Sound Man here: http://www.trewaudio.com/store/Sound-Man-An-Introduction-to-the-Art-Science-and-Business-of-Location-Sound-by-Richard-Patton.html?page=1

 

I highly recommend this book to anyone looking for an excellent account of working in the business, freelance or otherwise.

[studiomprd]

CAUTION:  the material is protected by copyright.

 

" , nowhere to be found online "

of course, you are supposed to buy the book

 

" I typed it up nearly verbatim "

see "caution" above

[Jay Rose]

I'd be glad to post it on my site, if anyone can point me to the current copyright owner for permission. (LSC? Patton's estate?)

[studiomprd]

" for permission. "

exactly

[Jay Rose]

...well, this one's tricky since the author has passed on, and it wasn't published by one of the big houses.

[Chris Thueson]

I had my reservations because of the copyright and I figured it would be a tricky situation. The book was published by Location Sound ltd of Vancouver, Rick's former business, which has since been acquired by Trew. I just called Trew of Vancouver and learned that Rick's son now hold's the rights to the book and they were kind enough to supply me with his e-mail address. I'd rather not step on toes and go about this the right way, especially since I love and respect the book. I'll take the link down momentarily as I clear this up.

 

Jay, your books are my other favorites. I will keep you posted about hosting the memo and I'll make a request of that to Patton's family if you don't mind.

 

Thanks all,

 

Chris

[Ze Frias]

Hey Chris,

 

I'm not entirely sure if this is what you are looking for, but I believe so, and Trew Audio has this widely available to the public:

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

 

Including, a deal memo sample, again, widely available to the public:

http://www.trewaudio.com/download/crew_deal_memo.pdf

 

Best,

 

Jose

[Ze Frias]

Please disregard my post above, I jumped the gun without finishing your post. haha.. oh well

[Chris Thueson]

I've e-mailed Richard's son who owns the rights to the book and he politely stated that the point of the book was never to make money, but to share his father's story and insights into the industry and to help others along the way. I've sent him a written request to publish the deal memo here at JW and will do so once the permissions have been signed and returned to me.

[Marc Wielage]

I just mentioned Patton's first chapter to a friend in a conversation about a deal memo I had, and I chuckled over how smart Richard was in making the Deal Memo the first chapter of that book.

 

My lesson learned: it's not enough to get an email offering a deal, then fill out a form and send it back and assume they got it and read it. You then have to contact them and get an email back confirming that the deal memo was received and accepted. "Offer and acceptance," as the lawyers would say. 

[Chris Thueson]

I received permission from the Patton family to publish this text here. Thank you all for your patience (especially you Mike!), I've restored the link above.

 

Marc, aside from all of the wonderful lessons I've learned here at JW Sound, I have to agree that the first chapter of Richard's book was an eye opener for me, especially when new to the business. I highly recommend people pick this book up as it is an all-around enjoyable read that taught me a thing or two about the how and why with a great mix of school-of-hard-knocks explanations that I probably would never have even thought to bring up here on the forum.

 

I think I'll be following up with those confirmation emails, thanks for the tip!

[Barton Hewett]

It's an exceptional book and Rick was an exceptional guy.  I still have a boom pole that I bought off him years ago as well as a custom cable he rigged up.  He was a true gentleman and one of the finest people I have ever met.  Glad you went the distance and got proper permission. 

[brian albritton]

the trew contract link is a contract for a flat rate with no OT. don't do it!

[Ze Frias]

the trew contract link is a contract for a flat rate with no OT. don't do it!

 

It should be noted though that these are only templates, and as such, you should make the effort to modify them to fit your needs accordingly. Also, if you are going to write up a deal memo based off of one of these templates, use the very first link that Chris (JCT) has so nicely posted for us, because as Brian pointed out, the one that Trew Audio provides in their website does not stipulate the proper rate's breakdowns. Here is that link again:

https://docs.google.com/document/d/1pQRje05CCPElxdVJuxQOo50n-wIrlbPzGCZ8xJDyDHE/edit?usp=sharing

[fieldmixer]

I wonder if someone with the power of the keyboard at Trew audio would be so kind as to alter the document on the site with regards to the "flat" rate area on the contract. I think it is widely agreed upon that flat rates aren't good for anyone, newcomers seeing that document might infer that it is the expected standard, when in reality, holding firm against the practice is in our best interest?

[Glen Trew]

I was not aware of the pdf deal memo that's on the Trew Audio site. Unless I'm missing something, I believe it shouldn't be on the site, and, unless I'm missing something, it will be gone tomorrow.

 

GT

 

… 10 minutes later...

 

I was missing something...

 

The pdf of the deal memo is linked from the blog posted by our friend and former manager of the Trew Audio Vancouver store, Rick Patton (R.I.P.), and is pertinent to the excerpt from chapter in Rick's book on the topic. However, once you're on that page, it appears to be a document posted by and suggested by Trew Audio, but that is not the case. I am relieved that the document is not available directly from the downloads section of the site.

 

I'll have a heading added to the page that attributes the document as being a sample from Rick's book, "Sound Man", and is not necessarily recommended by Trew Audio.

 

GT

[geordi]

Thanks for the clarification Glen.

[studiomprd]

" I think it is widely agreed upon that flat rates aren't good for anyone, newcomers seeing that document might infer that it is the expected standard, when in reality, holding firm against the practice is in our best interest? "

I'm not certain I buy into your premise, (and it may have ramifications in the IC arguments discussions, as well...

as for what people infer, changing it would make it no longer Rick Patton's template, and could involve copyright issues, and besides, it won't make any difference in the real world, where "flat rates" will continue, whether you like them, or take them,  or not!

[Glen Trew]

I believe the quote makes a valid point, Mike. I agree that the flat rate is solely in favor of the the producer at the expense of the worker, as it is basically saying that the producer wants the option of getting more from the worker than they are will to pay, which is, overwhelmingly, the way the flat rate usually works. However, when accepting or declining a job, everyone weighs the benefits and risks, and I believe Trew Audio (or similar businesses) should not put pressure on customers to decide one way or another.

 

Glen Trew

[studiomprd]

" everyone weighs the benefits and risks, "

exactly...

I just had an automated installation mixer that died in service, and sent it to Crown for factory service; they have a flat rate for the product...

Sometimes they replace multiple SHARC cards (I win) and this last time they replaced some blown parts in a power supply (they win)... same price!

[studiomprd]

The USPS has flat rate boxes (all you can fit into the box for a flat rate, no matter the weight,  although there is a weight cap for international...

and FedEx is now offering competing flat rate packaging...