VO-BB - 20 YEARS OLD!

[brianforrester]

Hey Everybody,

So, I've been running a bit of a risk in the past by not using a standard contract before agreeing to a gig :oops: ... I simply make sure we have a good clear understanding either verbally or through e-mail as to what we are doing, but as things start to pick up I'm feeling less and less comfortable with that method!

The question... is there a standard non-union contract that you guys use? Obviously if I had an agent, they'd take care of all of that for me, but I don't so it's on my shoulders, and I really want to make every effort to cover my bases as much as possible (given the current state of contracts I won't hold my breath, but it's a start!).

If anybody has a sample that they'd be willing to share, I'd be very thankful.

Thanks all!
_________________
Brian Forrester Voice Overs
www.brianforrester.com
brian@brianforrester.com
778.668.5715

[Spacegypsy]

Can you PM me your fax number, and I can fax over the one that I was given on one of my training courses?

[anthonyVO]

Don't get too crazy about contracts if you're non-union. I'm not saying you shouldn't have some sort of written agreement, but a simple letter countersigned and stating what is being provided, when, and for how much should be enough.

A very good lawyer once said, "a contract is only worth about as much as you're willing to spend on litigation."

Good to hear things are picking up.

-Anthony

[Spacegypsy]

It really depends on the client.
Some clients have their own contract they want you to sign, and if so, I go with that (having looked it over, of course)

Pre-payment or 50% deposit is always a good sign, too.

I research new companies on BBB, or look for links about them.

I just had a big job from someone whose company couldn't be found anywhere, as far as I could see, and the address was a UPS mailbox. So, I held out for 50% deposit first. (and an email stating the terms of the job) I was quite happy to lose the job if I didn't get the deposit, as it wasn't looking promising - but I did get it.

I put my voice file usage conditions on my invoice, to avoid contracts wherever possible - it makes it easier for the client and for me, one less piece of paperwork.

Then again, I recently did some animation work on deferred payment and insisted on notarized contracts for that.

So, I don't have a "rule" I work to.

[anthonyVO]

good stuff, Katrina!

[Bruce]

I believe contracts are pretty rare for non-union work, however there are a number of things that can make a job "contractual". A simple e-mail from the client saying "here's the script" is one. Actually, your possesion of the script is evidence the company wanted you to read it. Something more formal is to ask for a Purchase Order (common to larger companies). This is their specific request for your services. But all of these items, even an "ironclad" contract, don't guarantee payment. These are just tools to prove your claim in court, if it should ever come to that.

If you have an agent getting you this work, then that's a good layer of protection.

If you're looking to get interest on late payments, good luck. In the 60-day payment world of advertising this is tough to collect and tough to sell.

I tried offering "2/10 Net 30" on my invoices, which means the client can take 2% off the bill if they pay me within 10 days. Big industrial companies love this. That 2% means a lot when your profit margin is 3 to 5%. But I had only two clients take me up on that in a four year trial.

Contracts are useful if there is an "unusual" nature to your agreement: something like a monthly retainer for your services...this would detail how much work you would do for your fee and at what point extra fees might be due; if you accept a lower fee now for a promise of more money later, say if your commercial goes regional or national; or if you require payment in poultry or M & M's, let's say. Again, though, a simple email or letter from them detailing their terms, or agreeing to your terms, will be just about as good as a lawyer-written contract in court.

The ultimate solution, especially with new clients, is to get payment up front, or at least a considerable deposit. I can't think of a job I've lost this way. I've heard some grumbling, but they pay.

With your "regular" customers, you kind of have to go on faith. Contracts are messy and time consuming for simple transactions and can turn a client off if they don't seem necessary to the job. Yes, you will occasionally get stung by flakes and client bankruptcies, but that is a cost of business that all businesses face, just like the merchant fees your bank or PayPal charge for credit card sales.

If you accept this advice, please sign here:

X ______________________________


Bruce

[brianforrester]

Signed

Brian Forrester :wink:

Yup, I hear ya'll loud and clear and you're basically reinforcing what I already thought, but have recently started to doubt!

Pretty much everything is dealt with via e-mail anyway, so there's a pretty clear path of communication.

Thanks everybody!
_________________
Brian Forrester Voice Overs
www.brianforrester.com
brian@brianforrester.com
778.668.5715

[Spacegypsy]

Yeah, I've personally NEVER used the agreement letter contracty thing that I faxed to you ;^)

But, I'm not one to deter someone else from going that route if that's what they feel comfortable with.