Read your contracts carefully

[sievep]

I've really been torn about whether or not to post about this, but since this has happened three times in three months, I think it's worth alerting the network.

During the past three months, three separate companies have pulled a fast one on me because I was not practicing what I know to be good business sense, and taking people for their word. 

For those of us who freelance in the non union world, I send out this warning and advice, PLEASE make sure you read your contracts with a fine toothed comb, make sure the producer signs it first (as all Equity contracts have to be), make sure you have a copy, and make sure you stand up when you know you are being taken advantage of.  These are tough times for producers and artists alike, but NOTHING is an appropriate excuse for a company to take advantage of contract employees.  Twice now I've completed gigs and not had my full travel reimbursed (due to budget), and one contract was "cancelled" after I signed it and before the producer signed it. 

I dare not write more at the moment as I'm seething with anger, but I urge you all to keep your ever watchful eyes on your finances especially in these troubled times.

If you have questions regarding this post, please feel free to PM me.

[SLY]

I second that. Make sure you read your contracts. Make sure you have a copy. And make sure the appropriate person has signed it.

I have caught things added in my contract that were never discussed when considering the job and responsibilities and I made sure to have the adjustments made before I signed. I go over dates and any vague description or responsibility.

Different companies require different things and it is important that you take the time to go over everything!

[SMrose]

Absolutely read the contract.  I recently turned down a design gig because the contract required extra stuff that the position has nothing to do with. The contract also didn't pay till after the show had closed and gave the producer the right to decide if the contractor "did the job satisfactorily" or some such similar phrase.  What?  I do the job, the show runs and THEN you decide IF I should get paid? And this company wonders why it can fill the position...

[planetmike]

Here's a lame question to have to ask: For a show where you've been offered pay, at what point should I have a contract? Before any work is done I assume. Should we have contracts only for paid work? What about community theater? Should the contract include clauses about payment if the show closes early, or never even opens? Is there a normal way of getting paid? All at once after strike? Half up front, half at the end? Weekly? I'm learning all this the hard way, after my summer show got cancelled, after some work has been done, and without a contract.

[SLY]

Here's a lame question to have to ask: For a show where you've been offered pay, at what point should I have a contract? Before any work is done I assume. Should we have contracts only for paid work? What about community theater? Should the contract include clauses about payment if the show closes early, or never even opens? Is there a normal way of getting paid? All at once after strike? Half up front, half at the end? Weekly? I'm learning all this the hard way, after my summer show got cancelled, after some work has been done, and without a contract.

It really depends on the theater and what you're willing to sign your name to. I worked with one theater that paid in two installments. At the end of tech and at the end of strike. Another theater paid me every other week. One theater paid at the very end. (I don't like that and wouldn't agree to that now unless it was with a company I loved).

After I've agreed to take the position I sign the contract at the very next meeting. After reading through it very carefully.

I recently volunteered to work as a dramaturg for one show just because I enjoyed the director so much and if I were to ever do that again..volunteer work, I think I'd make a sort of contract just so that we have an understanding of what's expected, how often I will be there...that sort of thing.

[ladynaive87]

--post deleted by admin--

EDIT: spam links and pointless post removed, member banned. -

[LizH]

As someone who works as a SM and on the other side as a PM, I try to find the time to go over contracts with everyone I hire before they sign them- clarity is invaluable. I realize on larger gigs this is impractical, but it's saved me many headaches.

Last summer I had problems with a theater that contracted me to PSM then tried to deduct pay for something the contract specifically allowed. I was floored.

[BeccaTheSM]

Furthermore, after you've read your contract, MAKE NOISE if someone breaks it. IMMEDIATELY. Too many times I have seen people say, "Well, I know they didn't really MEAN to do that, but if it happens again..." And then they never say anything anyway. Your contract is there to protect you and your employer. But you still shouldn't let the employer walk all over you if it breaks contract.

[Anne]

Also be very careful about written offers of employment which contain a condition, i.e. "subject to receipt of satisfactory references". 

My husband was recently offered a new job, which we now realise was a conditional offer as it contained that very clause.  Because he was given a start date, he had to resign from his existing job to accept the new one.  Shortly afterwards, however, the offer of employment was withdrawn - the employer said that the condition had not been met, and then refused to go into it any further.  Now he's unemployed.

In the current economic situation, it really is an employer's market, and a lot of them seem to be taking the mickey with actions that, while not illegal, are definitely unethical.