Re: The business of sound

On Oct 26, 9:53?pm, "yepthisismyem...@xxxxxxxxx"
<yepthisismyem...@xxxxxxxxx> wrote:
On Oct 26, 10:21 am, James <ridgley.ja...@xxxxxxxxx> wrote:





On Oct 25, 3:54 pm, "Charles Tomaras" <toma...@xxxxxxxxxxx> wrote:

"David Waelder" <davidwaesha...@xxxxxxxxxxxxx> wrote in message

news:C346010A.10ADC%davidwaeshades@xxxxxxxxxxxxxxxx

On 10/24/07 9:29 PM, in article
EeudnZa-VK83hr3anZ2dnUVZ_jWdn...@xxxxxxxxxxx, "Charles Tomaras"
<toma...@xxxxxxxxxxx> wrote:

In my response I just note our agreement about
the financials so if there is ever a question I have some sort of ePaper
trail to remind them with.

Charles, I would be very careful with the wording of any summary of
understanding that you send to a client. You might want to run this past
an
attorney. When I was researching an article about equipment insurance for
the local's newsletter I discovered that there is a legal concept of a
contract offer and refusal. If you offer contractual terms and the other
party fails to respond in any way, that failure is interpreted as a
rejection of your offer. If you go forward without any response, you have
LESS legal protection that if you had said nothing. Possibly your
particular
message would not trigger this situation but it's a peril I want to bring
to
your attention.

Of course, if you can elicit a response from your client, then you have a
enforceable contract. For equipment rentals, I always send the client a
sample letter of agreement and ask that they print it on their own
letterhead and return a signed copy before I load in. I permit rewording
the
agreement if they like but require them to cover the essential points.

David Waelder
(working e-mail is my name + wae, my server is earth link dot net)

Agreed. Usually what happens is they respond to my message with call time
info and stuff like that and my original message with terms ends up being
quoted. It's really less of a contract and more of a "they saw it in print
so it shouldn't be a surprise" sort of thing. Mostly I like to make sure I
tell them what's included in my "standard" sound package so they have
nothing to fall back on when I bill them for additional RF mics and stuff
like that. It also gives me the opportunity to let them know I have a number
of walkies, scriptboy and similar stuff available for additional charge
early enough that they might rent it from me instead of from the grip house
or camera house.

Usually on non-union features I ask to get my weekly equipment rental
in advance - at the begining of the week, not unlike many vendors do.
This way if anythings happens I at least have my equipment rental
money.

Smart- Hide quoted text -

- Show quoted text -

I can't help but jump in here with my two cents worth. No offense
meant but I've just read half a dozen very different takes on how our
business operates. It's no wonder so many of you (and me) are getting
the sh*t kicked out of us by so many producers (production
companies). When people begin to think things like 12 hrs is the base
for our work day or $200 is a fair price for our work, we had better
do a better job of communicating with each other!

In my forty years of sound recording I have seen and been offered
every deal imaginable. Here are a few of my thoughts on how to make
this crazy career work.

- First and foremost DO NOT screw your colleagues. Most of your new
clients will come from your connections to other mixers. If you are
the guy that undercuts them..... figure it out.

- Even if your job is non-union, alway try to use the standards set by
years of hard fought negotiations as a basis for your hours and
working conditions. Producers would love to see us slide backwards -
don't help them. Even ENG and Doc work have union standards. Get
what you can, but at least let those who hire you know that you are
aware of what you should be getting. If you are doing them a favor,
they should know it.

- Remember, if you are not working under a collective bargaining
agreement (at least in California) then you are subject to the state's
labor rules, i.e. scheduled breaks, no mandatory overtime work, etc.,
etc. I am not recommending that you throw this into the producers
face when making your deal, but if you feel that you are being treated
unfairly it is a place to begin a discussion.

- Jeff is absolutely correct about the 8 hr day. The 10 hr day was
developed in the TV commercial world back in the 1970s. It is equal
to 8 hours at straight time plus 2 hours at time and a half. That's
how the payroll companies break it down. It was offered, originally,
as a way for production to get an extra hour and a half at time and
half before going into double time. (Whew, that wasn't easy). So, 10
became the new 8 (there was some compensation for it), 12 seems to be
turning into the new 10 and 14 is fast becoming the new, "hey can you
help us out here." IMHO 12 hours is a magic number for most non-union
work, anything after that must require some form of over-time pay!

- In my (SFX - creak and groan) years at this game I have been stiffed
exactly two times, for a combined total of less than $500. Maybe I'm
just lucky. But we have a unique business where a person's word is
still important. I'm not saying that deal memos, etc., etc., are
unnecessary or stupid, but let's not destroy this last vestige of
trust by demanding contracts and money up- front from every deal. If
your gut feeling or some inside info tells you that you are dealing
with a slime-ball, then walk away, dude. If you don't ,than you help
enable these creeps to continue playing in our pool. There are plenty
of good people out there and many of them are even producers.

Well, enough of my rant. If you love what you do and are good at it,
you'll work with good people. Treat your clients (yes, they are
clients) fairly and demand to be treated fairly in return. And if
this ceases to be fun... try roofing.

Bruce

.

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