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Willing To Share?

 
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Kachme
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PostPosted: Mon Aug 11, 2008 6:58 am    Post subject: Willing To Share? Reply with quote

Hi, All,

Would you be willing to share the retainer contract you use, MINUS the personal & financial part? I'm in the process of drawing one up and don't want to miss anything important. Private emails are perfectly fine, and thanks in advance for even thinking about it!
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Kachme
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PostPosted: Thu Aug 14, 2008 6:43 am    Post subject: Reply with quote

Ok...so maybe I asked too soon in our budding relationship...
Or maybe I asked the wrong way...
Anyway, having 60+ topic views with no replies makes me think...maybe I should post what I've thought of so far and other ideas might be posted along with mine? Worth a try, anyway...would love to hand the attorney who'll draw this up a good list of stuff to include, not have to go back to her when I think about or run across something else.

So...things I've thought to include so far are:

Length of contract.
Monthly compensation.
Market exclusivity statement.
Amount of work covered by the basic monthly rate, disclaimer about certain types of work that isn't included in the fee but is negotiable on a case-by-case basis.
Re-takes count as extra work unless need for re-take was my fault.
Turn-around time plus consequences for ASAP work needed in less than normal turn-around.
I know there needs to be a clause that speaks to failure to pay and failure (of me) to perform, but am not sure what should be there.
Notice of non-renewal time frame & delivery method.
Automatic renewal of contract (if legal in Georgia) if there's not a notice of non-renewal.

What else can you think of that should be in there besides the normal stuff that attorneys stick in (ie: this document comprises the complete agreement, etc. etc.)

Thank you!
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Mandy Nelson
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Joined: 07 Aug 2008
Posts: 2896
Location: Wicked Mainah

PostPosted: Thu Aug 14, 2008 3:08 pm    Post subject: Reply with quote

This is great! I admit to not having anything like this. I don't have any contracts with my long-term clients (some for 11 years!) and no one has asked me to sign one except that one time for that client I'm not supposed to mention. They aren't worth mentioning anyway so it's not like you're missing out.

I can't wait to read more input on this.
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Deirdre
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Joined: 10 Nov 2004
Posts: 13016
Location: East Jesus, Maine

PostPosted: Thu Aug 14, 2008 4:36 pm    Post subject: Reply with quote

Um, commenting on NOT getting a response is bad form around here.

Many of us have retainer contracts that are hard copies, not electronic, so sharing is close to impossible without typing out the whole thing.

You don't specify what the retainer is for. I'm assuming it's for radio station liners and promos?

Here is my radio station imaging retainer:
Quote:
[TALENT NAME] agrees to provide in-house announcer services for [RADIO STATION]’s promotional use, including promos, liners, program opens, billboards and voice-overs for TV commercials advertising [RADIO STATION]. Client commercials for [RADIO STATION] are not included in this agreement.

[TALENT NAME] will guarantee “exclusivity” to [RADIO STATION] within its listening area, and agrees not to license the services covered by this agreement to any other radio station in the market during this agreement.

Copy will be e-mailed and/or faxed at [RADIO STATION]’s expense to [TALENT NAME]. Finished voice work will be delivered and/or transmitted back to [RADIO STATION] in a prompt and efficient manner. Any delivery charges incurred will be paid by [RADIO STATION]. [TALENT NAME] will pay all studio fees for services outlined in this agreement, excluding ISDN charges.

All recordings will be “announcer only” and the mixing of music or special sound effects will remain the responsibility of [RADIO STATION] unless otherwise agreed upon prior to session. [TALENT NAME] assumes no liability for the content of the copy.

This agreement shall be contracted for a one-year period, commencing [DATE]. [RADIO STATION] retains the right of first refusal and an option for [TALENT NAME]’ services for one additional contract period. [TALENT NAME] agrees to render aforementioned voice services to [RADIO STATION] at a monthly fee of [FEE]. Fee will be payable upon receipt of a monthly invoice furnished by [TALENT NAME], with payment due in 30 days.

The term of this agreement between [TALENT NAME] and [RADIO STATION] runs from [DATE] through [DATE PLUS 1 YEAR]. Either party may terminate this agreement prior to [DATE PLUS 1 YEAR], by providing the other 60 days’ notice.

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Kachme
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PostPosted: Thu Aug 14, 2008 5:29 pm    Post subject: Reply with quote

Deirdre wrote:
Um, commenting on NOT getting a response is bad form around here.


My apologies yet again...read the rules before joining the forum, and the only one that I can find that could apply is this one:

Quote:
If you hang yourself out on a limb, you deserve to be beaten like a piñata.


And I'm willing to be beaten like a pinata if need be...it's ok. Smile Seemed like a good question, and as there was a fair amount of interest in the post, it surprised me not to get a reply. BUT...I looked to me for the source of the problem, not the board, so hope that makes it a little better. Not pointing fingers at all, except at myself...I am new on the board and was asking for info that can be considered proprietary, so wanted to rephrase the question in the hopes of getting some replies. My attorney fees will be lower if I come to her with all of what I want, not most of what I want, at the time that we draw this document up.

Mandy, thank you so much for your enthusiam about the info. Once this document is drafted and finalized, I'll be happy to share it with anyone who wants to draw up their own, or have an attorney tweak it to be legal in their state. That will include you, my dear, if you want it.

Deirdre, thank you for sharing your contract...there's stuff there that can improve the language in mine, and I truly appreciate it.
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bobsouer
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Joined: 15 Jul 2006
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Location: Pittsburgh, PA

PostPosted: Thu Aug 14, 2008 6:30 pm    Post subject: Reply with quote

Sandy,

I have only a small, select group of radio imaging clients and don't have long, formal contracts with any of them. I wish I could offer more help, but my basic deal is very simple. If I accept a station as a client the agreement involves:

1. As many liners and promos as the station wants each month, with a minimum turn-around time of 48 hours.

2. An invoice for an agreed rate from me to each station at the end of each month.

3. They pay that in 15 days or less.

And you'll find the essentials of the "don't complain about a lack of response" matter in the rules for the critique forum, but the general principle applies elsewhere. At least I think that's what Deirdre meant.
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Deirdre
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Joined: 10 Nov 2004
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Location: East Jesus, Maine

PostPosted: Thu Aug 14, 2008 6:54 pm    Post subject: Reply with quote

Yep. Extrapolation and all that.

No beatings.
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Kachme
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PostPosted: Fri Aug 15, 2008 5:16 am    Post subject: Reply with quote

Bob, thanks for sharing, and dern...thought I read all the rules, but will go read the ones for each forum and extrapolate away!

Love the "pay in 15 days or less." Is there an "or else" spelled out or just implied?
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Kachme
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PostPosted: Fri Aug 15, 2008 5:17 am    Post subject: Reply with quote

Deirdre wrote:
No beatings.


At least, none today. Wink Thanks, Deirdre...will try to stop screwing up!
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bobsouer
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Joined: 15 Jul 2006
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Location: Pittsburgh, PA

PostPosted: Fri Aug 15, 2008 5:41 am    Post subject: Reply with quote

Kachme wrote:
Love the "pay in 15 days or less." Is there an "or else" spelled out or just implied?


Sandy,

No. No "or else" explicit or implied, it's simply part of the terms of the agreement.
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Bob Souer (just think of lemons)
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Yoda117
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PostPosted: Fri Aug 15, 2008 6:34 am    Post subject: Reply with quote

Okay, I'm here for the beating...!

Aw crap.

/never gets to have any fun Get Lost
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Kachme
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PostPosted: Fri Aug 15, 2008 7:25 am    Post subject: Reply with quote

Yoda117 wrote:
Okay, I'm here for the beating...!


Yoda, you slay me! And Bob, thanks...I really appreciate the help.


(edited to fix latest gaffe...thanks again, Bob!)


Last edited by Kachme on Fri Aug 15, 2008 8:06 am; edited 1 time in total
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bobsouer
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PostPosted: Fri Aug 15, 2008 7:45 am    Post subject: Reply with quote

Sandy,

You're welcome. May I suggest you read the rules about quoting complete posts? I mean this in the nicest possible way, but since you're only just recovering from the gaffe with Deirdre's name ...
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