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Exclusive, no-conflict, buy-out, NDA job

 
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Philip Banks
Je Ne Sais Quoi


Joined: 20 Jun 2005
Posts: 11075
Location: Portgordon, Scotland

PostPosted: Tue Jun 05, 2007 7:35 am    Post subject: Exclusive, no-conflict, buy-out, NDA job Reply with quote

With nobs on of course. The big TV and radio deals, the Hollywood lawyer negotiated deals and the terms and conditions applicable thereto seem to have spread to every Tom, Dick or Harry.

When should you agree to an exclsive, no-conflicts etc job? When the client demands it? NO! When the money is in keeping with the terms.

Here's the deal. It's an exclusive ad campaign for 3 months, one-off buy out fee, there should be no other ad's running that conflict with the product and you are not permitted to do any for 3 months and you anre not allowed to say you did the job. Fee $5,000. Sound good?

It cover 3 months so it's $1670 (rounded uHobo Happy per month -Still sound good?
You're exclusive so no other jobs during the three month period - Still sound good?
Because of no-conflicts if existing clints come back you have to turn them away Is it a good deal?
Any kudos attached to the job has to be kept secret. $5,000 a good deal?

Would you turn down a $5,000 commercial? No, that would be dumb but the client must understand that for $5,000 all he gets is your voice on his ad, nothing else.

A lot of clients are not greedy, they simply do not understand that what they are requesting is unreasonable and are happy to go ahead without a lot of the contractual nonsense when it is explained to them. Should anyone offer you a contract full of restrictions get them to tear up the contract and if the won't then walk away unless the money is eye-popping. Tell them you have a RFBIMTTACC - Realistic fee bearing mind the terms and conditions clause.

For the record, in 17 years I have never signed my income and rights away, if I ever do we'll open the bidding at 7 figures,
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Bruce
Boardmeister


Joined: 06 Jun 2005
Posts: 7977
Location: Portland, OR

PostPosted: Tue Jun 05, 2007 9:28 am    Post subject: Reply with quote

If it's exclusive for a certain and somewhat unusual kind of product, say toaster ovens, I'd have no problem. But if it's a wide spectrum kind of limitation, there's not a chance.

This also reminded me that you can also be limited in the work you can do without even trying. Several years ago I was the radio and TV voice of the Chevy Dealers group in this market. They had a nearly million dollar budget for air time every month, so my voice was on all the major radio and TV stations and cable channels a lot. It killed my work with most of the local ad agencies (this is pre home studio). The Chevy folks agreed to go double the customary talent fees, but it still wasn't enough to make up for lost revenue. In fact it was the major factor in my decision to go global from home.

Thank you Valley Chevy Dealers!

B
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I'm not a Zoo, but over the years I've played one on radio/TV. .
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JimRon
Club 300


Joined: 09 Mar 2007
Posts: 369
Location: Rockland Cty, NY

PostPosted: Tue Jun 05, 2007 1:38 pm    Post subject: Reply with quote

seriously... how can a client expect you to sign that? do they think that's standard? like bruce said if it's product specific or for a specific advertiser i can understand that. but no other gig at all - for anything not even remotely related - for 3 months; that's ridiculous.

were those terms up front? or were they buried deep in the contract?
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dhouston67
VO-BB Intarwebz Glossary Administrator


Joined: 01 Aug 2005
Posts: 1166
Location: Right next door to Sandra Bullock. No, really.

PostPosted: Tue Jun 05, 2007 2:19 pm    Post subject: Reply with quote

JimRon wrote:
seriously... how can a client expect you to sign that?


We VoiceTalkers are a dime a dozen, doncha know. We're lucky that the buyers will even talk to us.


Ninja




DISCLAIMER: Yes, in fact we are kind of lucky to be able to do this. Still...

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JimRon
Club 300


Joined: 09 Mar 2007
Posts: 369
Location: Rockland Cty, NY

PostPosted: Tue Jun 05, 2007 7:06 pm    Post subject: Reply with quote

Quote:
We're lucky that the buyers will even talk to us.


sad to say but that is so true.
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