First Contract Job... Help!

M

mikezip007

Active member
Hello, I will be going in here in a few days to meet and negotiate a work contract. It's my first time being hired for anything and I want to make sure I'm going in there prepared!

A little background on the show and myself: it's for a local TV show (In Orlando Florida (non union)) that will be eventually bought by a major network. (so says the director). The reality show will be filmed over 13 weeks, 5 days a week, +/- 8 hours a day. I will be on camera, my own camera that I am supplying. I am a 22 year old film student (2.5 years at major university, 1 year at Full Sail film) with some experience working camera on local, independent projects.

What should I look for in this contract? This is what I have come up with.

- Pay rate (Does the fact that this show is supposed to be bought by a major network give me leverage to negotiate for more money?)
- Equipment rental rate
- Start/ End date
- Specific hours per day/ days per week/ total number of weeks
- Pay periods/ pay methods
- Overtime rate
- Daily break intervals?
- Total outline of responsibilities
- Outline of equipment I am supplying/ what will be supplied by them
- Gas compensation

What am I forgetting? Please, keep in mind I'm new to this whole "contract" thing.
 
The claim that it will be bought by a major network has nothing to do with the rate you can expect. The budget of the project now has everything to do with it though. Ask for your rate - you need to dictate the terms there. He may not want to meet your rate, in which case you will have to make a decision as to what to do, but what your time is worth is up to you.

FWIW, every director goes into every project saying that the project will be bought a network or distributor. If it's not already sold, it means nothing.

Also, since you are on the camera crew, make sure that there is a provision that states you will be reimbursed for all expendable items. Other than that, I think you have a great list of things to look for - I woul dbe shocked if they are all there in the first draft :) Gas compensation is dictated by the feds as reimbursement per mile, I believe.
 
herbalmedia said:
The claim that it will be bought by a major network has nothing to do with the rate you can expect. The budget of the project now has everything to do with it though. Ask for your rate - you need to dictate the terms there. He may not want to meet your rate, in which case you will have to make a decision as to what to do, but what your time is worth is up to you.

FWIW, every director goes into every project saying that the project will be bought a network or distributor. If it's not already sold, it means nothing.

Also, since you are on the camera crew, make sure that there is a provision that states you will be reimbursed for all expendable items. Other than that, I think you have a great list of things to look for - I woul dbe shocked if they are all there in the first draft :) Gas compensation is dictated by the feds as reimbursement per mile, I believe.
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Thanks for the information (unlike the first person replying in here). I totally forgot to think about expendables.

Can anyone think of anything else?
 
dude give me a break, i wasnt bein a** hole. just that ive never gotin gas compensation, and never thought of askin for it.
 
If you can, find out what their budget is for camera ops...also, look into prevailing wages for camera operators and their gear in your area. The market size, in my experience, has a lot to do with what clients are willing to pay, regardless of your experience. If you can negotiate a set amount for the entire project, then see if you can get 1/3rd up front. Have that written in the contract. They may require you, as an independent contractor, to carry your own liability insurance. I carry $1million. It's not that expensive, quick to get, and lends great credibility to you as a serious business person/videographer.

Best of luck

Jeffro
 
Many times, the claim that a show "will be eventually bought by a major network" is used as bait for lower pay.

No surprises there but IF everything goes as dreamed and it is picked up, you're often left with nothing more than a verbal agreement that you'll be involved. With a network budget, suddenly a seasoned shooter starts looking more tempting than 'that guy from Full Sail'. Not trying to be harsh - just realistic. I've seen it happen on shows over-and-over-and-over.

Oddly enough, therein lies your leverage. If they're not willing to contractually commit to you as their go-to shooter, why would you commit to a reduced rate for a promised show that may / may not happen? See if they'll sign a contract. Decide a fair-market day rate (not a flat project rate) and throw in a future considerations binder. They'll probably flip out. Better to have that meltdown now than 8 weeks in when you're arguing over long days, who paid for that last batch of tape stock and the mileage you're putting on your gear and car.

I don't mean to sound jaded - I've just worked on too many pitches, pilots and series starts. Rejection is a natural part of the process. If they're going to learn about not getting picked up, at least you can get paid fairly for helping them out.
 
fevercity said:
Many times, the claim that a show "will be eventually bought by a major network" is used as bait for lower pay.

No surprises there but IF everything goes as dreamed and it is picked up, you're often left with nothing more than a verbal agreement that you'll be involved. With a network budget, suddenly a seasoned shooter starts looking more tempting than 'that guy from Full Sail'. Not trying to be harsh - just realistic. I've seen it happen on shows over-and-over-and-over.

Oddly enough, therein lies your leverage. If they're not willing to contractually commit to you as their go-to shooter, why would you commit to a reduced rate for a promised show that may / may not happen? See if they'll sign a contract. Decide a fair-market day rate (not a flat project rate) and throw in a future considerations binder. They'll probably flip out. Better to have that meltdown now than 8 weeks in when you're arguing over long days, who paid for that last batch of tape stock and the mileage you're putting on your gear and car.

I don't mean to sound jaded - I've just worked on too many pitches, pilots and series starts. Rejection is a natural part of the process. If they're going to learn about not getting picked up, at least you can get paid fairly for helping them out.
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Thanks for all of the great information here! I do realize exactly what you are saying and I have thought about most of this too. One question:

What do you mean by a future considerations binder?
 
It would appear just as another line item in your contract.

Just like you might have bullet points that you agree to:

Production company agrees to pay $____ / day w/ 1 1/2 overtime after 8 hours, double overtime after 10. (This is usually different for every production)

Production company agrees to pay $___ / mile for transportation to / from locations

Production company agrees to pay my mark-up or provide tape stock

Production company agrees that (YOU) will remain the exclusive videographer for "____" pending network acquisition and future considerations (web delivery, etc.).

Or - something like that. Again - they will probably flip out. You're basically asking them to commit to you before they've been 'in the trenches', seen how your footage looks and how you work together. It's a lot to ask of a production company. It's also a lot to ask a shooter to take a pay cut because they think they've got a great concept behind a show.

Even if they have no money and you were to go to court, it may only prove that you guys would NEVER work together again. Like - EVER. On the other hand, if they do get big, the show is a hit and they do make money AND you're not included, well sir, you may have some money coming (minus attorney's fees).

I'm not suggesting that we start suing people or that this show will take off and you won't go with it. What this does is gauge how committed to you they are and if they'll take you with them if it's greenlit. If they can't sign and they aren't serious, why should you take anything less than fair market value to devote your time, and gear to such a long shoot? That's a lot of days to basically give away if they're going to try and low-ball you. You could easily be working on something else or, at the very least, looking for something else and building your business and contacts.
 
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Everything is negotiable. The key thing is that you get paid. Weekly would be great. A third up front, a third halfway through, and a third at the end or net 30 would be good. What you don’t want is to get strung out and stiffed. Who cares if the show airs or not? Just do a great job, get the experience and get paid.

If it’s a reality show you may be working 10-15 hour days. Go for time and a half after ten hours (a 10 hour day is standard in Orlando) but this is a good place for you to bend because the experience will be good for you. (You're young and energetic, right?) But make sure you get paid – you'll want to quit the biz if you work several weeks and never see a dime. Fifty cents a mile would be ideal, but at least get gas money if you are driving all over town.

AVP who mentioned insurance is correct. You don’t want to get stung by an accident. You can get a policy just for the time of the shoot. This would be a good time for you to set up a LLC to protect yourself.

When going out on your own only a third of the job is creative, one third is sales and networking and getting gigs, and a third is managing money and people. Schools focus on the creative stuff because that's fun and all we care about, and most of us have short attention spans.

Sounds like you’re on the right track. By the way, standard day rate for just an experienced cameraman last time I shot in Orlando a year ago was $400. But I’ve also heard there are reality shows there working young people hard for $100. a day. When they quit there is a whole new batch of Full Sail grads to tap into.

It’s a learning process. Make sure you get everyone’s name, phone and email you work with. And be nice to those interns and PA’s because they may be the producer who hires you a couple years down the line. Heck, go ahead and be nice to everyone--it can't hurt. But not so nice you don't get paid!

Help your editor out by shooting a lot of b-roll sequence shots (wide, medium, close).
 
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Scott's absolutely right. This is, after all, a '1st contract'. Got a bit ahead of myself with contract paranoia and network nonsense. I'd say shelve my suggestions for future use if you ever go down that road w/ another client. For now, have fun and get paid to be creative in the process. Best wishes.......
 
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