Hardly a day ever passes that the FilmTVsound staff is not besieged with phone calls from novices and students wanting to know how to get started in Production Sound, or from professional mixers crying the blues over how they got screwed over on their last gig. So for the benefit of some of our younger and less combat experienced readers, here are some personal views on how to survive as an up and coming free-lancers.
Note that most of this article is written relating to non-union shoots. Employment on union shows is not so risky, since there are strict guidelines for the producers to follow, along with the recourse of union intervention if crew members are mistreated.
The issue of deal memos is a complicated one, and this article should not be used in lieu of consulting with an attorney. Many fine line legal issues are involved, and the laws vary widely from state to state.
Deal Memos
Deal Memos are the term that independent producers use for employment contracts. Since the word "contract" implies something legally detailed and binding, the term "memo" is used to suggest an agreement somewhat less formal. Do not be mislead; a Deal Memo is a contract and is binding.
The problem is that it is usually not worth the effort and legal expense to try and enforce it.
Many of the deal memos that have been handed to me by Producers are nothing more than hastily rewritten Model Releases. Why a Producer would want me to sign away rights to my voice and photographed image I cannot imagine! (Behind the scenes documentaries not withstanding).
But a Deal Memo is the employment agreement that states what you are being hired to do; what you will be paid; terms of employment; and misc. details.
Make sure that the wording is specific and relevant! Do not be afraid to cross out paragraphs left over from the actors' contracts.
The memo should clearly state who the employer is. If it is a bona fide, long-standing production company -- that is okay. But if the name of the production company is the name of the film, expect the production office to shut down forever on the last day of shooting! Get the real name of the producer, including actual address (verify it) and social security number. If the producer refuses his/her real name or address, be wary!
The memo should have your name on it, of course. It should detail your job function on the set, such as Production Sound Mixer, Boom Operator, etc. That way you do not end up hauling lumber around.
Salary
How much are you being paid? For what period of time: hourly, daily, or weekly? Define that period of time, such as an 8-hour workday, excluding an off-the-clock lunch break of not less than 30 minutes but not more than one hour. Or perhaps a 10 hour workday, or even a 12 hour day.
When will you get paid? State laws usually require paychecks not more than 7 days after the pay period, but check your local laws. Most crews like to be paid on a weekly basis, beginning not more than 7 days from the first day of work. Do not accept any deal where you won't be paid until the end of a lengthy shoot; that is a sure sign that the producer does not have any funds!
Do not be nice about not getting paid. If you were promised a paycheck on Friday, and that check is not there, then make it very clear that it had better be there by the next morning. Holding back your roll of dailies can help make the point; even if it means accidentally turning in a blank roll... oops. And if the check still is not there the following morning, well, time to take evasive action. Leave the set, and make sure to take your equipment with you!