Rental Agreements

[Dan Coplan]

Dan,

Are you using this agreement even for dayplaying and 1 or 2 day jobs? Seems like it might be more trouble than it's worth on those types of jobs.

 

Depends on the gig. I'd like to use it for every job I do, but politics, politics, politics. It's also a risk assessment thing. If I'm all day in a studio doing simple shots, I'm less inclined to push the matter. If I'm doing more challenging/risky work, I'll insist on it.

 

But getting an insurance cert is an absolute.

 

Dan

[Larry McConkey]

I just did a job for Sony TV. It was a pilot in Chicago called "The Beast". Production arranged for Fedex to pick up the equipment, and one piece did not show up. Fedex finally declared it missing. I had an insurance certificate with my corporation listed as a loss payee. But Sony said they were not going to reimburse for the loss and I should "go after Fedex". I will continue to fight this, but from now on I will ask for a signed contract , and it will specify door to door as well as replacement value!

 

Larry McConkey

[Robert Starling SOC]

Similar situation for me and I just turned it over to my attorney last week. In August I did a job here in Vegas for Interscope Records and Raging Nation Films where someone pilfered my packed cases that were loaded on my cart on-set while I was in the production office picking up my check. I had a proper Certificate of Insurance from the label and producers and even an email the next week from the Supervising Producer asking for an invoice for the stolen gear and another email saying they'll pay it.

 

Unfortunately that has not been the case. When I sent a Certified Letter to the Producer/Director "RAGE" demanding payment, I got a BS email back from him with a bunch of home boy double speak telling me "he was very sorry if I had misplaced some of my equipment".

 

My attorney is taking it on spec and we're going after continued and lost rental fees and the cost of the stolen gear. Since the Producer is acting as an authorized agent on behalf of the record label and the label is acting as an agent representing the artist we're filing against all three.

 

I have my own insurance that would cover the gear but why should I file a claim at my expense.

 

Contracts and Certs are great to have but they're only as good as the ethics/morals of the people who sign them. No, really.. I'm not bitter.

[Mike McGowan SOC]

^^That sucks. Was it a music video?? There seems to be a bigger disconnect between the producer(s) and the label and the production company and the client (some times not the label or the artist) on a music video. Good for you for sticking to your guns, I hope somebody pays you.

 

mm.

[Robert Starling SOC]

^^That sucks. Was it a music video??

 

Funny, in the last hour I've had three other ops contact me already about the same production company. Yes, it was a music video but I did get my full rate and full rental... none-the-less negated by the theft.

[Mike McGowan SOC]

I dont't know this perticular company but I've seen similar MO's. Basically, a dodgy lable, hires a dodgy production company (out of LA or NY). They then hire a usually fair minded producer/production manager locally. They can then basically pass the buck to who ever they feel like. The producer doesnt have any real control over anything but hiring the crew. If anything goes wrong, the production company can blame the producer or the lable or the lable can blame the procuction company or the producer.

 

Stuff like this does seem to happen mostly on music video's (perticularly R&B in my experience).

 

I hope you get reimbursed.

 

mm.

[Mark Karavite]

I am currently involved in my 1st claim in 20 years. The producer is balking about paying the repairs, even though I have a signed Deal Memo (same agent as Mike's with previously posted verbage) and a Cert. of Insurance. I pointed out the language in the contract which obligates the production company's responsibilities, and he still balked. I went over his head to the general manager of the company, and his first response was not positive.

 

All I can say is that I am glad I have a proper Deal Memo signed. I have no doubt that the production company doesn't have a legal leg to stand on, and I will certainly sue them if they do not pay. For a couple grand, I don't think their lawyers will feel it is worth the battle. It amazes me that the producer is either that ignorant or sleezy that he thinks he can avoid paying for damages that are clearly part of the terms of a written contract.

 

I never take a job without a signed Deal Memo & Cert. of Insurance prior to showing up. I have never needed it until now, and it's going to save me $2500. Think of what you could get burned for with a big claim.

 

Mark

[Alfeo Dixon SOC]

I had a mishap on some borrowed gear... busted monitor while on a pilot. They said they would take care of it and they eventually did, but I had to put out my $5K to get it back up and running and then finally saw the monies returned about 3 months later. Could you imagine if I had to wait for them to pay if it was a major cost. Not like $5K isn't... but think if it was $50K...

[Jon Beattie]

I'm in the process of putting together me rental agreement and deal memo. I haven't gotten to the point of an agent or even close to getting my union card yet.

 

What Ive been advised to do is always work as an employee of the production. Which leaves me invoicing part as rental to my llc (which i've leased all the gear i own to) and invoicing for my labor. I've accounted for the gears insurance and liability requirements in the rental agreement. I've also added clauses about "operator working as employee" which states i will be an employee and covered under their workers. I've covered everything that I need to to not get screwed (famous last words)

 

But is it over complicating things for 2 checks made out to 2 different parties (one for me one for my company)?

[Alfeo Dixon SOC]

What Ive been advised to do is always work as an employee of the production. Which leaves me invoicing part as rental to my llc (which i've leased all the gear i own to) and invoicing for my labor.

 

You can not invoice for your labor (i.e. 1099) and be considered and employee. No matter what they tell you. The IRS considers 1099 as contractors and not employees. You must go on a time card and through payroll to have employee status and more importantly, for workers comp coverage. Workers Comp is provided via the payroll companies and if you are 1099'd, you are NOT covered and by law are REQUIRED to carry your own policy.

 

-Alfeo

[Ramon Engle]

So Alfeo if you fill out a time card as a "loan out" will that qualify you as an employee? That's what I do. My company is the loan out company. My checks go through payroll but no deductions are taken other than union deductions.

 

Ramon

[Alfeo Dixon SOC]

So Alfeo if you fill out a time card as a "loan out" will that qualify you as an employee? That's what I do. My company is the loan out company. My checks go through payroll but no deductions are taken other than union deductions.

 

Ramon

 

My legal eagle just happened to step onto the set I'm working on. (great timing) I asked her and her response is that the Loan Out company to which the production has you 'loaned' from must provide your workers comp policy. You are an employee of the loan out company, so if its your company it's your policy.

 

-Alfeo