Mailing List AE-List@media-motion.tv — Message #44600
From: Steve Oakley <steveo@practicali.com>
Subject: Re: [AE] contracts, slightly OT
Date: Thu, 21 Jun 2012 13:25:45 -0500
To: After Effects Mail List <AE-List@media-motion.tv>
if a project is more than a couple days work, you had best be getting a deposit up front, in the middle and at the end with any extras added on.

ya I know all about "getting in the system" which is why I have all sorts of forms prefilled out at print res ready to go. invoice goes out within 24hrs of project complete. don't sit for weeks or longer before getting it out.

as for the non-payers, you can waste a lot of time trying to be nice with demand notices, ect or using a collection agency ( TOTAL waste of time ). in the end, with dead beats you just go file against them. you send a final demand notice after 30-60 days, no pay ? last courtesy final demand notice to pya in 5-10 days ? still no pay, go file.  in WI small claims max amount is now $10K, your state may vary. this makes it easy to deal with small dead beats. even if you think they don't have the $, go file and get judgement anyway. when they go to get a loan, register their car, and a few other things it will show up and stop them. in the end no one wants that and they always pay or offer settlement.

5% a day is pretty much illegal anywhere and will get you charged under loan sharking statues. you can charge a late fee - 10% for me, + 1 to 2 % interest PER MONTH. thats legal. you should also make it net 10 days.

S


On Jun 21, 2012, at 10:48 AM, Teddy Gage wrote:

In my experience I often find the largest companies are the slowest to pay. I have heard from people on the inside it is something of a company policy to delay freelance invoices so the budgets looks better. Additionally, if you're not "in the system" yet there's always some lazy body in accounting who forgets to include you in that pay cycle. I find smaller places it's easier to get paid quickly because of the personal connection. However I would agree there's more risk of a small place never paying at all. And like jim said I usually go hourly first or demand half up front when the bid is accepted. Unless I have grave misgivings or its a huge project I usually don't bother with a contract. Risky, but 90% of my business is done with a handshake... I worry places would be put off if it came to that. I work regularly in nyc, maybe things are different in LA etc

On Jun 21, 2012 11:33 AM, "Jim Curtis" <jpcurtis@me.com> wrote:
I have different kinds of clients.  Some are small production companies and agencies.  Some huge corporations and non-profits.  The latter ones make me sign their PSA, and I always get paid on their schedule.  It's the small agencies who are the worst, and the most likely to either nickel-and-dime me, take forever to pay, or dock my invoice for some imagined shortcoming.

I wish I could hold onto masters as a lien/security, but most projects are time-sensitive, and that's seldom possible or practical.

When I was in production, and on the hook for payments for film, freelancers, meals, travel, etc., I demanded â…“ up front, â…“ upon completion of production, and balance upon delivery of master, spelled out in a written agreement.

But, now I'm strictly post.  I do have a standard spiel for new clients:  I charge by the hour until a working relationship is established, so I know what I'm getting into in terms of client involvement and working methods.  If they demand a bid, I tell them up front, I'm going to bid double what I think the job will really require, to try to prevent working for half price.

Nothing is written.  It says on my invoice that "Payment is due upon receipt" (although many of them ignore this, and pay me after they get paid).

I haven't been shafted since I cut an independent short for a so-called "friend."



On Jun 21, 2012, at 8:28 AM, henry birdseye wrote:

> After reading the absolutely horrifying stories on The World's Longest Invoice (http://worldslongestinvoice.tumblr.com/), I'm highly motivated to require a contract with new customers.
>
> How many of you are using contracts and do you have an example of one that pertains directly to motion graphic work?
>
> Thanks in advance.
>
>
>
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