Theatre Australia

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Verbal/written contracts

Thu, 3 Feb 2005, 10:54 am
t3 posts in thread
Hi All,

Just wondering if anyone has a basic contract which they use for freelancing to negotiate terms and fees?

I have just been bitten by the verbal agreement for $1000 being reduced to $500 virus by a Producer who believes in paying herself before her contractors...

Any help would be much appreciated!

Thanks.

T

Thread (3 posts)

tThu, 3 Feb 2005, 10:54 am
Hi All,

Just wondering if anyone has a basic contract which they use for freelancing to negotiate terms and fees?

I have just been bitten by the verbal agreement for $1000 being reduced to $500 virus by a Producer who believes in paying herself before her contractors...

Any help would be much appreciated!

Thanks.

T
crgwllmsThu, 3 Feb 2005, 11:48 am

Re: Verbal/written contracts

T wrote:

> Just wondering if anyone has a basic contract which they use
> for freelancing to negotiate terms and fees?
>
> I have just been bitten by the verbal agreement for $1000
> being reduced to $500 virus by a Producer who believes in
> paying herself before her contractors...
>


If you're an Equity member, they have standard contracts you can use; advice on the award rates you should be paid; information on your legal rights re hours of work, working conditions, overtime etc; and free legal assistance in chasing up bad creditors or contract breaches. If you're freelancing without an agent, I'd definitely recommend joining the Union.

A verbal agreement, as they say, isn't worth the paper it's written on...


Cheers
Craig
JoeMcThu, 3 Feb 2005, 09:25 pm

Re: Verbal/written contracts

‘T’
there are 3 types of contracts;-
1. Written
2. Verbal
3. Implied
Each being agreed to, with enough proof & independently witnessed are recoverable, enforceable & all are contracts.
Obviously in descending order of importance - But each is still a contract, so if you have the proof, although not being written, should not be a bar to gaining satisfaction of the contract!
Even if it is a written contract, it will depend on how much you are prepared to pay up front in pursuing the matter.

Craig is right!
This is where an Agent &/or Equity, will attempt to protect you & have more idea than me, in doing so!
The old adage still holds true these days.
‘if you want to succeed in this bizo, get a agent & stop handling yourself!’
But at the end of the day, is it worth trying to get $500?

It will be cheaper to keep crying into your beer! - most solicitors want you to give up front, a few gold bricks, even if you win, loose or draw!
Small Claims I have found as a more economical procedure.

However you still have to prove, beyond doubt, that a verbal contract existed!
Chookas
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