ASK & DISCUSS
INDEXHow to contract someone to do R&D for Doc Project?
11 years, 2 months ago - Lalitha RAJAN
Hi
I was approached by someone to see if we could develop an idea that they had for a doc. This person has the contacts and access. I would like to contract this person to do an initial R&D and also introduce me to all these people to explore the scope for the doc, see if there is a story. How do I develop a contract for this? What terms and conditions should be there? There is no guarantee that we will develop this project further to the R&D phase, although we would like to have first refusal on anything that might come up. Is it fair to also say that we may not proceed with the project with this person and may choose a different team or that we will enter into new negotiations in good faith if there is any interest in developing the project? What is fair and appropriate? As we are paying for the R&D, how much room do we have to set the terms?
Thanks in advance for your help.
Best wishes
L
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11 years, 2 months ago - Marlom Tander
You are paying, you can set any terms you like.
But your biggest risk of setting yourself up for a misrepresentation claim if it goes pear shaped. In this Pear shaped is that you get the gig, but don't use Mr R&D. Because when he says "they told me that...." everyone will believe him, and feel free to disregard your weasel words contract. (NOT getting at you, weasel words are how every contract handles uncertainly).
The above with knobs on if he says "I did this for X when the full professional rate would be Y, BECAUSE they said....", so if this is cost control, you had better be sure you can afford to pay him off if you can't follow through.
Since you consider taking the R&D and then going with someone else to be a possibility, if you wish to negotiate in good faith you need to put that on the table NOW.
In your shoes I'd look at two things - ONE, promising a serious credit such as "and special thinks to ...without whom this film would never have happened" and two, cold hard cash. "If we end up going ahead without you, you'll be paid an additional fee of X".
Cheers
Response from 11 years, 2 months ago - Marlom Tander SHOW
11 years, 2 months ago - Paddy Robinson-Griffin
If the guy has the contacts you need, fold him into the project as a producer. Make it a joint venture, cut them in on the back end (if there's a chance of any worthwhile back end). They introduced the project to you, they have the contacts and formulated the concept.
Response from 11 years, 2 months ago - Paddy Robinson-Griffin SHOW