Barter deal gone bad! Advice?

BrianMurphy

BrianMurphy

Veteran
So my partner and I have done several barter deals with a hotel in the Caribbean over the past ten years or so. Always with the same person and up to this year it has always worked out. A year ago January 2023 we did a shoot at his hotel (he owns it) and again for barter. Each of us to get 10 days in exchange for our work there and in post. We provided his web people with both video and stills and there was lots of material from a long list. We paid our way down and back, he provided accomodation while we were shooting. All went well. The hotel got what the web and marketing people needed and they built the website. Its a year later and we attempted to book our vacay for late March early April and requested a couple of dates and he said no. We asked again and suggeted he choose the dates though the ones we chose showed the hotel having vacancy. He did not reply and for weeks now has been ghosting us. So we will make other arrangements for holidays but no way should he get away with ripping us off. A lawyer will be brought in to send letters etc. But is there a way that we can remove our footage and photos or have the website frozen/? We maintained copyright in our written deal with him and the hotel. We own the material and have licensed him to use it. But without recourse that and a couple of bucks will get you a beer. Any advice greatly appreciated.
 
I guess some people would try to take action but is it really worth it?

Meaning like you're going to try to go up against a hotel, and through a process that could take months if not 1-2+ years stressing everyone out?

At the end of the day, it was just some filming/editing and you got to stay in the hotel for free then, right?

What was the understanding between everyone? You do the work and you can come back at no cost for a few years? Because normally a barter is just that one time; you'd do the work and stay in the hotel for free then.

As freelance videographers/editors, it's very rare for any of us to own our footage and expect to be paid for it every year it's used. We just do the work and sometimes the stuff is used/online for many years after.
 
Thanks for your input however I disagree. The value of the work done was in excess $5000.00 USD for each of us. It is an exclusive resort with 24 rooms. That is the minimum value He the hotel owener put on the all inclusive rooms because it is his lowest rate which right now would be $7,500.00 USD or more. We are also out $1000.00 Cdn each for our plane tickets plus transport to and from airports. We are Canadians and currently that means that the $5K he is stiffing us for is $6725.00 times two. For us that is a significant amount of money to just let go. We will certainly take legal action but the issue is as you say that will take time. Finding a way to stop him from using the footage could very well speed up the settlement.
Our agreement was we pay our way there, which we have done in previous agreements with the same person for several years. We shoot, he puts us put while we are there and feeds us. He gets to "use footage" for his website and a video as well as stills we shot. We each get a 10 day stay within two years of the completion of the work. He does not own the footage, we do and that is specified in the deal agreement,
 
I work in the legal field but I'm not an attorney. Not legal advice. lol. So do you have anything in writing... probably not... best you have is emails. The other thing its outside of your country. Best you could do is pay an attorney to threaten to sue them if they don't take down the material. But if they call your bluff... I'm guessing you haven't seen what attorneys charge and how long and drawn out the legal process is. Maybe you could barter with an attorney then again that's what got you into trouble in the first place. Best to move on.
 
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We do have a full written and signed agreement stipulating the terms of the deal. Not just emails, we brought it with us and had him sign it when we arrived. But yep I hear you about lawyers and charges...Thanks for the input!
 
BrianMurphy said:
We do have a full written and signed agreement stipulating the terms of the deal. Not just emails, we brought it with us and had him sign it when we arrived. But yep I hear you about lawyers and charges...Thanks for the input!
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If that's the case. Try to talk to him and explain you'd rather not bring a lawsuit maybe you can work out a compromise that would be in both your best interest. Depends on the type of person you're dealing with. You can also talk to an attorney and see if its worth while pursing.
 
BrianMurphy said:
Thanks for your input however I disagree. The value of the work done was in excess $5000.00 USD for each of us. It is an exclusive resort with 24 rooms. That is the minimum value He the hotel owener put on the all inclusive rooms because it is his lowest rate which right now would be $7,500.00 USD or more. We are also out $1000.00 Cdn each for our plane tickets plus transport to and from airports. We are Canadians and currently that means that the $5K he is stiffing us for is $6725.00 times two. For us that is a significant amount of money to just let go. We will certainly take legal action but the issue is as you say that will take time. Finding a way to stop him from using the footage could very well speed up the settlement.
Our agreement was we pay our way there, which we have done in previous agreements with the same person for several years. We shoot, he puts us put while we are there and feeds us. He gets to "use footage" for his website and a video as well as stills we shot. We each get a 10 day stay within two years of the completion of the work. He does not own the footage, we do and that is specified in the deal agreement,
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I hear you, any type of losing never feels good.

Overall, this sounds like a side deal for the person. Definitely not saying it was but I guess what throws the entire thing off is why he would suddenly change after 10 years?

It's also interesting it went on for so long as hotels in other countries might not be allowed to do this for a handful of corporate and legal reasons.
 
Yes, exactly. What changed? It makes no sense. Obviously, something has happened. Why would he disconnect from you after 10 years.

Can you contact others at the hotel to find out what is motivating his behavior?

I know he is ghosting you, but have you sent a communication asking him what's up?
 
Both of us have tried. He won't return calls or emails. We have VERY politiely asked what was up, why the ghosting. No answer. Believe me this lawyer route and such is the LAST thing we want. We have emailed suggesting that if he would like to make alternative arrangements we were open to payment as well but no answer. I mean if the guy emailed and said he was in financial trouble and could we hold off or something we would. But we know he is not in trouble since we have a history and many friends in the community.
 
Do you know that he can communicate? Did he die or get disabled or otherwise become unable to communicate?

The only options I see is that he became disabled or wants to cut off the relationship. The latter doesn't make much sense since even if he did want to go with another provider, there would be no reason not to communicate with you. As you said, if it was financial, comping you some rooms doesn't cost him anything if his rooms aren't booked solid. If his rooms are booked solid, why would he have financial problems after 10 years.
 
What changed is he doesn't need you anymore. Whether he's retiring, selling the business, found someone young to do it for less or free, a family member or friend, or marketing firm includes it as a package deal.

I imagine post pandemic rooms are all booked and he wants to make up for past lost sales. Little risk ghosting you, the worst thing that would happen is years later he might be able to force him to pay but that's less likely.
 
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Barter works when everything is in the contract, and you are in a position to enforce it, and I'm assuming that you don't want to travel there at your expense and use their legal system. One possibility is the host for the site. It has happened a few times in things I have read that if the website is hosted in a friendly jurisdiction, you could present them with your ownership and their use and get the site taken down? Possible with difficulty. They do it when people use Getty Images illegally. From my minuscule legal knowledge there is a possible snag. Ownership, presumably, in your contract requires a 'consideration' - as in You get this when I get this? You do work, I get a free holiday - OR - would you be arguing about money - I do work to the fable of five grand, you then get five grands worth of accommodation. You might be able to sue for money, but can you sue for something like goods/services in kind? Barter is just contract terms. The most likely solution would be getting the site taken down by the host - especially if they're in your country.
 
That's a good idea Paul going after the host. But, I can't see the host wanting to arbitrate a dispute between two parties over a barter deal gone bad. They would need a court order to take it down. You would still have to win the lawsuit to get compensated. Maybe take this to Judge Judy.
 
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Thanks to all for the insight, suggestions and support. We have engaged a law firm in the same country/city to persue our case. I have also contacted the hosting company, which is a fairly big outfit based in Mumbai India with an NYC office for North America and the Caribbean, Mexico and Central America. I am not sure they will do anything, but if our lawyer also gets involved with them as well and we contact Expedia, Travelocity and the others.. we could become a big enough pain in the ass that he finally coughs up. Keep you posted. Thanks again!!
 
We've all been stiffed one time or another. Sounds like you're on the right path. Wish you the best of luck.
 
Presumably you have contracts for this $10k USD deal? Sending an immediate cease and desist for the materials you produced for them is the first step. Beyond that, I'd defer to your local lawyer for what else to pursue.
 
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