Communigate Pro AE-List@media-motion.tv Message 51617

A two day job with a net due in 45 .... RUN unless you are completely broke or this job is going to set you up with a couple of years of guaranteed work and a severe penalty to them if they break the agreement. Can you go to a restaurant, enjoy the meal and then send them a check in 45 days? Chances are more than 99% that this client is going to be a grinder that will turn your 2 day job in to a two week ordeal with changes and re-dos and that they will then complain about your work to everyone they meet. It's not worth it.

When you freelance, unless you want to be nothing more than a day laborer, remember that you are in charge. If they are not willing to meet you on your reasonable terms you will a slave to their every whim.

In most states a sub contractor can, ans should ask for a deposit from a new client. The limit is usually something like 10% up to a maximum of $1,000. The guy putting in your new lawn is going to ask for that. You should too unless it's a government agency, which seldom give deposits, or a major corporation with an established and published procurement procedure.

Only when you get these details worked out should you move to the contract phase and you should be the one submitting it. Things are different if it is a network from a job posting, but if you seek find the client or are referred to the client, it should be your contract, not theirs.

I've been at the film business since 1969. My wife tells me I shouldn't tell people that because they will think I'm an old man. In those 43 years only 10 of them were as a contract employee. I have had thousands of contracts with thousands of clients. Not one with a payment date longer than 15 days was ever paid on time, paid in full, or a pleasure to work on with repeat business. Watch out.

On Wed, Nov 13, 2013 at 5:28 PM, patrick Siemer <siemer@gmail.com> wrote:

I never had a lawyer look at my contracts, but I always read every word. A lawyer friend once told me to cross out anything in the contract i did not like and then initial it. Add what you want.
Then send it back,. If they want to work ith you they will change it.
no client ever had a problem with that.
good luck!

-patrick
On Nov 13, 2013, at 2:22 PM, Phil Spitler <phil@bonfirelabs.com> wrote:

I never did contracts when I was freelance.

Phil

Phil Spitler | Creative Technologist | Bonfire Labs | t : 415.394.8200 m : 415.571.3139

Website | Facebook | LinkedIn

On Nov 13, 2013, at 2:17 PM, Steve Oakley wrote:

They are all different. Auto insurance is a new one. Another one is they try to force you to carry worker's comp on yourself. It got bad enough that I formed a LLC which has stopped most of the non-sense. Then there are pages on s)xual harassment, toxic chemicals in the workplace, safety procedures & PPE. just an unending pile of waste as the lawyer's try to keep their jobs. the last time a LA prod co pulled this and made me fill out the paperwork 3 times, I charged them 1hr for it. you want me to waste my time filling out mostly needless junk, pay me !

They also didn't like it that I had changed some text on the contract, mainly around if there was a dispute, it will be settled locally here, not in LA.

S

On Nov 13, 2013, at 4:04 PM, Jim Curtis <jpcurtis@me.com> wrote:

I was presented one that wanted proof of auto insurance, too. I did park in their garage. So, that didn't bother me much.

But, they also wanted me to carry production insurance, when all I was doing was editing and graphics on their computer systems. That was one that I was able to successfully strike through, as I explained that might be applicable to shooters with lights and electric and heavy equipment, but not me.

The contracts are meant to favor them for every possible contingency for liability. That's what lawyers do. They're not designed to be fair.

BTW, I just sub-contracted a project for a very high profile animation company… something to the effect of Sleepshop Spielman Katzenjammer Gheko. I didn't sign squat, and they FTP-ed me HD clips from their feature films.

On Nov 13, 2013, at 3:47 PM, Rob Birnholz <absolutemotion@birnholz.com> wrote:

I am awaiting (this week) a contract with a major local entertainment company. Aside from my particulars (name, address, tax numbers, etc) I had to supply proof of auto liability insurance in case I have an accident while on their property. I don't object, but that was a new one for me.

My last contract with this company included six pages of what I couldn't do with any work I created for them (basically show it to anyone) or exactly how I was (or rather wasn't) allowed to speak their name in connection with my own business.

But in practice there is a gray area… If I followed their last deal to the letter I wouldn't have gotten this new deal (as in "My demo reel includes snippets of what I created for your company in the past. Please take notice!").

Rob Birnholz
ABSOLUTE MOTION GRAPHICS, Inc.
-digital design and post-
Longwood, Florida

www.absolutemotiongraphics.com

The early bird may get the worm, but the second mouse gets the

cheese.

On Nov 13, 2013, at 3:46 PM, Jim Curtis wrote:

Some companies want you to indemnify them if you get hurt on their premises or locations they pay you to work.

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Rick Gerard