VO-BB - 20 YEARS OLD!

[Diane Maggipinto]

What do you think of this? The new venture aims to, well, here's some verbiage in response to my query:

"...the project is called Pocket Spots. The client purchases a buy-out from us using the voice indefinitely. HOWEVER, they agree to only use it on mobile devices, Ipods, other mp3 players, phones etc."

Pay is low ($20 per :06 or :10, dry, unedited, nonprocessed)) but work could be regular and resultant low pay could rise...
The contract, below, includes some terms with which I'm not wholly comfortable, given the potentially large number of "prospective" clients they may have and the one year non-compete following termination of work with them. Looking for feedback. FYI, I'm not represented and thus, regularly soliciting work, or attempting to, or skiing instead. Thanks, pros!

CONFIDENTIALITY & NONSOLICITATION AGREEMENT
This Confidentiality & Nonsolicitation Agreement (this “Agreement”) is made between (The “Company”) and, __________________________ (“Service Provider”).

W I T N E S S E T H:
WHEREAS, the Company is engaged in the business of providing voice over services to companies throughout North America (the “Business”); and WHEREAS, Service Provider, in the course of his or her relationship with the Company, will have access to information with respect to the Company’s customers and the Company’s methods of operation, some of which information constitutes proprietary and trade secret information of the Company and its customers; NOW, THEREFORE, the Company and Service Provider agree as follows:

1. Restrictive Covenants.
a. Confidentiality. Service Provider agrees to keep in strict secrecy and confidence any and all information (whether in print, in electronic media, including on computer disks, tapes, internet or in any other media) that Service Provider obtains or develops or to which
Service Provider has access during the course of his or her relationship with the Company.

b. Non-solicitation of Customers. Service Provider agrees, during the course of his or her relationship with the Company and for a period of twelve months (12) months after termination of that relationship, whether voluntarily or involuntarily, with or without cause, that Service Provider will refrain from and will not, directly or indirectly, as employee, agent, independent contractor, consultant, partner, joint venture or otherwise:

(i.) Solicit or counsel any third person, partnership, joint venture, company, corporation, association, or other organization which Service Provider knows or reasonably should know, is or was a current or prospective customer of the Company;
(ii.) Accept, with or without solicitation, any business from any third person, partnership, joint venture, company, corporation, association or other organization that Service
Provider knows or reasonably should know, is or was a current or prospective Customer of the Company;
(iii.) Induce, directly or indirectly, any Customer or vendor of the Company, or any third party, to patronize or create any business engaging in a Competitive Activity.

DATE: Day: ____, Month: ____, Year_____.

By:__________________________ Title:____________________________
SERVICE PROVIDER: __________________________________________

Print Name:________________________________
_________________
sitting at #8, though not as present as I'd like to be. Hello!

www.d3voiceworks.com

[SoundsGreat-Elaine Singer]

The best advice I can give is go with your gut. If you feel uncomfortable with the terms, look elsewhere. And in this case, the terms certainly seem to be very broad and could, potentially, be very limiting for you.
_________________
Elaine
The Youthful Mature Voice (Emeritus)
Senectitude is not for the faint of heart.

[Glenn Moore]

Does anyone have a sample Voice Over contract that they would care to share? I am looking at putting one together and would love some input. Thanks!

Glenn Moore

[Philip Banks]

For a $20 gig? I don't think so' unless each session carried a minimum guarantee. $20 is not a Buy-out it's a cab fare.

[Frank F]

[Deirdre]

Anything that starts with "witnesseth" gets a lawyer's go -over in my book.
_________________
DBCooperVO.com
IMDB

[Diane Maggipinto]

thanks for that. i had a weak moment even considering it, i'll say that. then i walked the dogs and they told me what you all said. cooler heads prevailed.
_________________
sitting at #8, though not as present as I'd like to be. Hello!

www.d3voiceworks.com

[Deirdre]

Dogs are great that way.
_________________
DBCooperVO.com
IMDB

[brianforrester]

The contract reads to me as though it was written by somebody who has a very little bit of legal knowledge, and has read a few long winded legal mumbo jumbo contracts in the past...

In my opinion, no lawyer worth his/her hourly rate would recommend a contract with such broad reaching terms. This one is dangerous!

This contract could not only get you in some hot water later on down the road, but I'd hazard a guess and say that it WILL get the company in trouble in the not to distant future... if they attempt to enforce it.

My father always said... "a person with only a little knowledge of electricity, is a heck of a lot more dangerous than someone with none!" The same holds true for an individual who tries to write a legally binding contract without the proper knowledge of law and legal precedence!

My advice, agree to work for them but only if they forgoe the formality of their less than water tight contract... if they go for it fine, if not... on to the next client!

Cheers,
_________________
Brian Forrester Voice Overs
www.brianforrester.com
brian@brianforrester.com
778.668.5715

[Bruce]

In my reading of the contract it's a pretty straight forward non-compete document. You don't tell their competitors what they're doing while you're working for them, and you don't work for any competitors during your contract or for a year after. Since they seem to be in a somewhat exclusive little area of the business, short liners for mobile devices, I wouldn't see a problem.

Also, $20 for 6 or 10 seconds? That $120 to $200 per minute of recorded material. Beats most of the narration rates I'm used to. Now, if they have you do one liner at a time that would be a pain, but if you can get some kind of assurance that it would be multiple cuts each session, I say it sounds like a fair deal...maybe a hell of a good deal.

Bruce

[Philip Banks]

The problem is that in signing the contract an artist agrees to be bound by its terms regardless of work load. Where in the contract does it offer work in return for agreeing?

[Doc]

FWIW - I would tend to agree! Exclusivity in a contract without reciprocation is a one-way road. It's a WIN-WIN situation. The agency wins... AND, the agency wins.

At the very least, a performance clause should be considered.

It's interesting that this should come up at this particular time. 2 days ago, I was propositioned by an agent, who through friends of mine right here on this board verified was legitimate, albeit new to the talent representation business. This agent pursued me heavily 2 days ago, then emailed a contract to sign. Okay, I was born at night... but, not LAST night. I would never sign and return that type of document without purusing every word first.

Although she said she was ready to rep me and to get 10 demo CD's to her lickety-split, talk is cheap.

I responded by requesting some concessions. Her terms were FAR too sweeping for me to accept at face value. There will need to be some concessions. What she told me next sent up HUGE red flags! She said she was licensed by the state of XX and that this contract could not be changed in any way so as meet her obligations to the state. I responded and let her know that ANY legal document can be modified and/or appended... as long as that happens before parties dip their respective pens and ascribe to the conditions therein. I haven't heard from her since. I'll give the benefit of the doubt. Since it's only been 2 days, I'll wait a bit and give her the chance to respond. But, I'm not accepting the deal the way SHE composed it. Not 2 days ago, not today... not next week, year, century or millenium.

If you care, I'll be happy to let you know what transpires. But, that's not why I told this story.

I share this story particularly for the newer voiceovers on our board. Forget about their flattery (she DID say she thought I was "talented"), their pitch, their desire to fill their rosters. Agents work for YOU (ME in my case)... not the other way around. Always remember that.

I'm not shouting "foul" here, believe me. Like I said, she could come around and at least attempt a negotiation with me regarding these terms.

Don't get hosed. But, by the same token, don't turn down a deal so sweet (when it meets YOUR terms as well as theirs) out of paranoia. Just keep your eyes open wide before you sign ANYTHING.

[Bruce]

Yes, signing that contract would prevent you from recording commercial liners for other portable audio device content providers like them, but it doesn't prevent you from doing:

Radio Commercials
TV Commercials
Narrations
Podcast Narration
Audio Books
Emcee work
Station Imaging
Disc Jockeying
Sports Announcing
and any of a hundred things a voice talent could do,

But, I might express my concerns to them that the contract must not prevent me from doing any other types of voice work for other types of clients, and I might protect myself by insisting that it be made extra clear with an added line to the effect "The above restrictions apply only to short form commercial announcements for portable audio devices as described above". That would help...just in case the company goes Rupert Murdoch on you and starts buying up radio and television networks.

Bruce

[Philip Banks]

[Bruce]