How do you judge a video production contract?

Defining the scope of work is pivotal to a smooth project & happy client. No surprises or hidden costs along the way is the best pathway to a 5-star review and a happy client!

When evaluating a video production contract, focus on the scope of work, including detailed service descriptions. Ensure timelines and deadlines are clear, and review the budget and payment terms for fairness. Check rights and ownership details for the final video. Understand the process for revisions and approvals. Note the cancellation policy, including any fees. Confirm confidentiality clauses if sensitive information is involved. Verify liability coverage and insurance details. Ensure deliverables are clearly defined, including format and resolution. Check compliance with legal regulations and necessary permits. Lastly, review dispute resolution methods.

Repeat after me: always prioritize your project scope. A poorly written project scope can eventually lead to numerous problems, misunderstandings, and budget losses - and this insight comes from personal experience. If someone on your team or at the client's end wants to rush through this phase, it's better to slow things down, politely educate them about the importance of this step, and start over if necessary. If you're in doubt, reach out to fellow coworkers and professionals. When you clearly define the project scope, everyone involved in the project understands and agrees on their responsibilities, boundaries, and timelines. Ultimately, the success of your project will depend on this harmony.

Few points here... Scrutinise the scope of work to ensure it aligns with your project's needs. Pay attention to deadlines and milestones, ensuring they are realistic. Consider the budget carefully, looking for transparency and itemisation of expenses. Assess the contract's intellectual property clauses to clarify ownership of the final product. Look for clauses regarding revisions, as excessive changes can impact costs and timelines. Evaluate the termination and dispute resolution clauses for fairness and clarity. Lastly.. A well-structured contract should provide a clear roadmap, protect your interests, and foster a successful partnership.

FOR THE CLIENT Be sure to work with the right producer/production company for the project. Not every style, approach, or even genre experience is the right fit. Be available for meetings so that the framework for the project can be defined. Quotations will only reflect the scope and costs fairly when all elements of the project have been understood by all parties equally. Be available to learn about phases of media production and educate your team, so you may have informed conversations with vendors. FOR THE PRODUCERS Don't take the client or their concerns for granted. Explain the process and create a safe space in which both parties can empathically outline the approach, goals, and roadmap. Work human to human, with craft and ethics.

In the contract, payment terms not only specify ‘how much’ and ‘how’ but also ‘when’ you’ll compensate the video producer. This includes details on deposits, milestones, and potential contingencies. It’s crucial for these terms to be fair, benefitting both parties and aligning with the work’s quality and value. Additionally, ensure timely payments by adhering to agreed-upon dates, preventing misunderstandings or delays. Be vigilant about any hidden fees, taxes, or unforeseen expenses that might emerge in the billing process.

In corporate contracts I insist on payment being split into 3 and payable on delivery of each element. 1. Planning, scripting & shooting script and crewing 1/3rd of cost. 2. The shoot 1/3rd 3. Post 1/3rd Each element can’t start until the payment of the last part of the project.

When selecting talent for a television commercial, it's really important that if necessary you need to select your talent with longevity in mind. With a successful TVC it's important that budgets aren’t blown out of the water with renewal costs, and are detailed in the initial Talent contract. Similar strategies can be used when acquiring talent for other marketing videos, since having consistent talent might be the best way for a brand to build familiarity in a market.

With commercial production the clients always own the IP & use rights per all union contracts, of the project. End of. This presupposes any and all licensed elements have been secured and those use rights align with talent contracts.

Also good to cover the renewal terms up front, in the event the material is extended over the original agreed rights or for example if new regions and media’s are added during the original period, how are these calculated.

Absolutely anything you intend to use in your video that isn’t generated by you or your crew will need to be cleared for use, so make sure you know what uses you’re clearing for and for how long. You must have a paper trail for audit so make sure you have all the correct paperwork to license third party material. For music licensing you can use libraries such as Audio Network or similar who will issue project licenses for unlimited use from their catalogue. If you are planning to use commercial music hire a specialist to clear and license your tracks for you. Consider hiring a specialist archival researcher/producer if your project requires a lot of third party material and you can afford it.

In video production contracts, timelines and deadlines are pivotal. Ensure they are realistic and factor in unforeseen challenges when filling on operational and industrial work sites, as well as revisions or technical issues. Define communication preferences (phone or email?) and turnaround times clearly. Collaboration is key for successful project management. A well-structured timeline keeps everyone on track and ensures your video meets expectations. ????

Scrutinize the timeline from the start, make sure everyone is aligned with it from top to bottom to ensure that the work can be delivered smoothly on time. Don't be afraid to say no if the timeline is rushed!

In corporate video production, feedback from clients is invaluable. In my experience, it’s vital to get a client’s thoughts on overall video flow, broll, interviews, music, titles/graphics, completeness, and site safety considerations in the footage captured. Major changes are best made in this early stage, and sharing the draft with stakeholders upfront minimises last-minute revisions. Just like constructing a large skyscraper, major changes to the foundation or concept of the video can't be easily made once the first video revision has been created. A client’s insights shape the narrative and guarantee a successful video project. ??????

'Alignment' is the word that I feel best summarises the key strategy in producing the best video with the happiest clients. Understanding the client's objectives, target audience, and desired message from the outset forms the project's foundation, while a unified creative vision between the client and production team, leads to a more impactful video. Regular feedback sessions are crucial for keeping the project on track and making minor adjustments along the way. Transparent communication builds trust, fosters a positive working relationship, and ensures that clients feel involved and valued, making them more satisfied with the final product.

I think many times, people are just too nice and don't dare to say the things they may not like or wish to see a different option. Other cases include not knowing what the higher ups actually want and end up doing alot of guesswork which is difficult for the producer to translate to the director. Being able to imagine the final piece is vital because you can try and foresee what might happen or not get accepted and have that measured and put in by the production house as an extra shot or optional shot.

Ask simple questions and compare the differences between potential suppliers: Who owns the raw footage? How long is it kept for? What is included in the scope of the project & what are the risks of going outside the scope? How do they define a 'Revision'? Ultimately, what is their north star metric? Understand what they are working towards and ensure you're aligned.

Corporate/commercial/digital contracts are of necessity entirely different from a broadcast contract, but in all cases the foundations are the same: scope of work, schedule, budget, cashflow, warranties, viewings and feedback, compliance, deliverables, termination, governing law. The best contracts will be drafted in clear language rather than vague legalese, and will properly capture the obligations of both parties. Be aware of any grounds for termination, and be sure that these are fair to both parties. Do not be afraid to negotiate but always remember that it will boil down to what you can live with rather than having everything your own way. So manage expectations. And if you can afford it, always get a professional legal opinion.

What's important is to also take into cognisance the type of client being services. A video contract for a corporate client and that of a television channel may have extremely different clauses as the work to be delivered will service different needs and viewpoints.