How to write a contract for video production?

Tom Knight

Tom Knight

Active member
I'm still new at this business. Recently, I had one client balk when I sent her the bill. She had no idea that my hours had racked up so high. Also, she didn't pay me for the video shoot until 2 weeks after the shoot. We had a verbal agreement, but it was too vague. It worked out, but left me feeling that I need to get more professional around my agreements.

So I want to have signed contracts for future clients to avoid these kinds of snafus. Can anyone direct me to some sample contracts? Or can you share your contract templates with me?

I'm especially having trouble with the scenario that I quote 5 hours of time for editing, but of course, it takes me 10 hours because the client wants lots of minor changes. How do I put that in the contract?

Also, do you require a deposit? How much? A client yesterday said he never pays deposits and never gets deposits himself.

Thanks!
 
You'll need to talk to an attorney about contract specifics.

Since I'm not a lawyer, here's what I can tell you:

- Always leave a paper trail (or nowadays, a "virtual" paper trail). If you strike up a verbal agreement, follow it up with an email that specifies rates and terms agreed to in the conversation. Request a reply on that email, to be sure that the client received it. This gives you a fallback if the client wants to act surprised. Proceeding with the project from there means that they understand the terms.

- Deposits aren't unheard-of, and aren't uncommon. It really is up to the individual to decide on a "good faith" deposit as a matter of practice.

- Every project should have a time estimate for the entire project, not including revisions, and a package price for the work. On top of that, include an allowance for x number of edit hours for revision, and a per-hour rate for revisions/changes that go beyond that allowance. These terms should be stated up front.

A contract is a good thing to have in place, as it protects both parties, but again you should talk to an attorney about how to include these things in a legal document.
 
My policy
I get 1/3 on the day we sign the contract.
I get 1/3 on the first day I do any shooting.
I get 1/3 when the final product is delivered.

I work with them during pre-production to make sure we are on the same page as far as what they want. They get a limited number of revisions to the edit before I start billing them extra.
 
I like to be paid up front in full when I start working. I had a client decide she didn't like where I was going with her video and just not to pay me as a result. She'd paid half up front after I finished the shooting and was to pay the other half after seeing the final product. The way I see it is; you don't pay for groceries after you eat them, you don't pay for a TV after you take it home and use it, and you don't pay for a concert ticket after seeing the concert. So why should I be paid after I provide my service? As long as people are hiring you on the merit of your previous work, you should be paid up front. If you have no previous work, I can understand why you might have to provide a quality product before being paid, like a 30 day trial.

If production might require that I turn other work away, such as a wedding 5 months from now, I will require a deposit to reserve the date. If they cancel at the last minute, I still have the deposit even though I may have had to turn away X number of other jobs because the date was already taken. If they follow through like they should, everything runs smoothly.

Don't worry about being too specific for the contract. In simple form, all it needs to be is a piece of paper that says

1. What you're doing
2. How much it costs

_______ agrees to make a video for _________
_______ agrees to pay _________ $___ for this video

2 signatures at the bottom.

It can get fancier but I found it helped so much to get everything down on paper when I started doing it. It made things less....awkward? I add another clause to my contract anytime I think of it. My standard has 10 clauses now.
 
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ASchear said:
I like to be paid up front in full when I start working. I had a client decide she didn't like where I was going with her video and just not to pay me as a result. She'd paid half up front after I finished the shooting and was to pay the other half after seeing the final product. The way I see it is; you don't pay for groceries after you eat them, you don't pay for a TV after you take it home and use it, and you don't pay for a concert ticket after seeing the concert. So why should I be paid after I provide my service? As long as people are hiring you on the merit of your previous work, you should be paid up front. If you have no previous work, I can understand why you might have to provide a quality product before being paid, like a 30 day trial.
Click to expand...

An attitude like that wouldn't get you any jobs here in Slovenia, I can tell you that. People are just happy to get a job. "Big" (nothing is big in my country:)) companies have to wait 3 to 6 months to get paid. One production company is owed by agencies app. half a million Euros which will probably never get paid.
I can't imagine requesting money upfront. No way this would work. Tomorrow for example I have to call the director of the firm to whom I delivered the finished video almost 2 months ago because they still haven't paid the bill!

I'm happy for you people that operate in such good business environment.

Anyway, here are my 2 cents of worth about preproduction agreements:

1. before any work begins have a PPM (preproduction meeting). On this meeting you should decide and agree upon everything that matters: production design, production value, what are your responsibilities, what is the workflow between you and you contractor going to look like (for example: will you serve them a ruff-cut before final editing and sound design and colour grading?, what's your line of communication? phone, email? at what hours and days can you be reached, etc. etc.), decide what are whose responsibilities, etc.

2. make a basic contract that basically says that you will do your job according to professional standards and that you will do all that you are supposed to do - the same applies for the contractor.

3. make an agreement on the terms of payment! The amount and the time they have to settle your bill after you deliver it to them. Put this in the contract. Here there really aren't any rules. It depends on the type of project you are doing. For example: the client wants you to do a documentary for them. In this instance you can't wait for example 6 months to get paid, now can you? This is really dependant on the project type and the environment specifics that you are working in - ie. what is considered normal. (I forgot to agree on this with my previous client and now it's biting me in the ass!)

4. Don't start working before this things are settled!!! I can't stress this point enough. Really make sure that you and the client are on the same page regarding everything!

5. Know your client! Know what kind of product they want/need. Don't put together a project which production value is far beyond of that what they need. Don't get me wrong here: you should oversell a bit your work but don't shoot on RED if your doing a corporative video for your small business Ice cream neighbour. Advise your clients if you think something else might work and pay off better for them. This will generate trust and make you look and appear more professional and valid.


Anyway to try and shorten this post of my. A contract needs to have (amongst other things):

1.0. Who are the clients in the contract. (you - your name, your business name, VAT ID, addres, and the same for the client)
1. What is the project type: Short form documentary, music video, corporative clip, etc., etc.
2. When is it going to be finished.
3. What's the payment method. (wire transfer, multiple transfers, etc.)
4. The payment amount.
5. A statement that you are going to do your best to uphold everything that is agreed upon in the contract
6. A statement that you will do your job according to the industry standards.
7. A statement that if you disagree on something that you will try to resolve the issues between your selfs if not possible then the appointed court of law will settle your problem.
8. Act of "god" that relieves you of any potential law suites bindings. (lighting strike, sudden death, accident, illness, robbery, etc.)
9. A more detailed production script that defines more clearly what is going to be created and how.

Basically put as many things in as you want. Just don't over do it, as it will make you look like you don't trust them at all. The point above are considered as basics where I come from. I'm sure that you can just do a search on production business contract and you'll find some examples.

Hope this helped:)
 
Thanks for all the tips. I like the 1/3, 1/3, 1/3 idea, although I'm not sure my low budget clients would go for it. I've had pretty good luck recently asking for 50% when I show up to shoot, and 50% when it's done.

Except for my recent client from hell, who basically just doesn't want to pay me, and hasn't actually agreed to much of anything. I showed up and shot a concert for him without having a good agreement about what he was paying and when. I'm meeting him tomorrow to give him the raw footage on the tapes, and washing my hands of my work with him. Too much stress!

And I'm glad I don't live in Slovenia! It sounds very challenging to work under those conditions. Good luck to you!
 
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