Sunday 11 January 2015
So that me and Joe (my contributor) would have a mutual agreement about the work to be carried out, i decided to research terms and agreement contracts to see how they're written, and the main points that they cover in order to create my own one.
However, whist carrying out this research i came across more valuable information to do with being self-employed and working as a contractor, plus the difference between "contract of service" and "contract for services".
A problem that i was faced whilst doing this research is that, most of the contract forms that i had found were to do with the film industry, such as: film budget, locations agreements, insurance, casting, actors ect.... Which are all useful forms, however, non of them are relevant for the commissioned piece of work that i'm carrying out, although all will eventually one day come in handy.
Another issue i had was filtering out contract forms that related to UK laws, as a lot i found were to do with american laws, which some of the points covered were good, however the legally binding section would not be acceptable for a UK contract.
Conclusion
Although i may not create such a sophisticated terms of service contract like the ones provided in my research, i shall definitely keep the information for the future for when i get more serious jobs that would require me to use such a form. Also this research i feel is mandatory as it relates to the unit and in a real working environment these steps would be carried out to secure the jobs negotiations.
Also further to add, contracts do not have to be in writing to be legally valid, and oral contracts can be enforceable in court; provided that there is evidence (recording) "Consequently, written contracts are advisable in business, so that there is a reference for the agreement and potential for ambiguity and misinterpretation as to the terms of the contract is limited."(http://www.findlaw.co.uk/law/small_business/business_contracts/500510.html)
However, for the purpose of the project i've been commissioned to do by Joe, i shall create a treatment/proposal outlining what the video should entail, the date it is to be carried out by, and also the cost of production.
Here's the results i found below:
Difference between 'contract of service' and 'contract for services'
What is the difference between a “contract of service” and a “contract for services”?
https://www.gov.uk/employment-contracts-and-conditions/overview
So in short
Contract for service = A self-employed contractor, in which they're not on the company who's paying for the works payroll, therefore their payment is written off as an invoice.
Contract of service = A permanent employed worker whom works for a company. With their employment they're entitled to UK em
Who can make a contract
http://www.adviceguide.org.uk/scotland/consumer_s/consumer_protection_for_the_consumer_e/consumer_contracts_s/who_can_make_a_contract_s.htm
When are consumer contracts made
"A contract is a legally binding agreement. As a consumer you make contracts all the time, even if you don't realise it. Every time you buy something you make a contract with the trader."
Terms of service contract templates
This document was taken from an article written by film infinity
http://www.filminfinity.co.uk/commissioning-a-video/
http://bradley.tv/legal/terms-of-engagement
http://bradley.tv/legal/terms-conditions
More useful links i found
http://filmmakeriq.com/2009/04/588-free-film-contracts-and-forms/
http://www.filmsourcing.com/blog/production-documents/
http://www.bbc.co.uk/filmnetwork/filmmaking/guide/before-you-start/links-legal
