Help!!!!!!

thetvirus513

thetvirus513

Well-known member
Ok here is the situation. My friend works at this fitness studio and he got him and I a job filming some web videos for them. We met with the owner, bid the project and it got approved. Here is the clause in the signed contract of how payment will work.

9. The grand total of the production budget for PROJECT approved by the CLIENT is $ 2000.00:
This total is payable in 4 installments as follows:
* 25%, or $ 500.00 deposit to confirm project
* 25%, or $ 500.00 upon completed filming of one segment.
* 25%, or $ 500.00 upon completed filming of third segment.
* Balance of final 25% or $ 500.00 upon delivery to CLIENT of the finished project.


We have the check for the first $500 although I haven't cashed it yet, and we have started filming. I believe we are halfway done filming the first segment. Now today my friend didn't show up for work there and I'm not entirely sure why. (his job at the front desk, unrelated to the video project). I missed a call from the client today and received a message saying that we need to talk, my friend is extremely unprofessional (which I don't disagree with, i know it does reflect on myself and the project although it is unrelated) and to not bother cashing that check at this point. Obviously I will call the client, but I want to know what I should do, and what I am legally entitled to! Is she allowed to terminate the project and refuse to let us have the deposit? what about the work we have done so far? any advice at all PLEASE HELP I really cannot lose this project as it was a base for future projects.
 
Tough spot to be in.

If it were me, and in speaking with the owner it appears she doesn't want to finish the project, then I'd probably try to talk her into letting me finish the segment that has already been started. Keeping the $500 she's already offered, and calling it a day.

It is important that you present yourself as professionally as possible, let her know the importance of the project to YOU, regardless of what your "friend" is doing or has done, and move on from there.

You do not want to get into a legal battle of breach of contract with the gym. It serves no one's best interest. Just realize you've been put in a poor scenario, and see if you can salvage something out of it. If you work this right, you MAY set yourself up for future work with the gym, outside of your "friends" relationship.

Anyway, that's just how I'd approach it. I'm sure others more experienced than me will chime in.
 
Thank you PerroneFord, the only issue with that is that that is a lot more work for me (1/2 of the filming, and then all of the editing) for not too much money, but if it is last resort I will push for that. Anyone else know what to do or have any advice?
 
in the future you need to:

1. set up an account and deposit the check into it once you get it. do not hold onto a check without depositing it.
2. word the contract such that you get to keep the deposit if they cancel the project.
3. not work with your friend on projects. he is unreliable.

as far as this project is concerned, there isn't a way to tell if you are entitled to the $500 without reading the contract. also, we don't know the extent of your friend's incompetence and if it was enough to cause a breach of contract. were deadlines missed? if so, you don't get the money.
 
1. I'd sit down with the owner of the gym and see what you can work out as far as salvaging the project and her opinion of you.

2. Find a new partner.
 
No deadlines have been missed, however 4 of the 8 interviewees did not show up for their interviews. Which will make it difficult to hit deadlines, however that is on the owner's end and not at all out fault. My friend did not breach contract, he did not show up for his front desk job there, nothing related to the video stuff. I agree I don't want to work with him again in something like this.
 
having not breached the contract at all, is the client allowed to terminate the project? and what happens if she does?
 
If you have put the time and effort into getting step 1 done, you are entitled to that money. If you work at the Gym, and were to quit or get canned 5 days into the week, you still get paid for that 5 days. Video isn't as tangible, but just as legit. You need to sit down face to face with the owner, and see what you can salvage out of the deal, but be firm that they owe you for what you have done.
 
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