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HELP!!! Is this a good enough contract to let my car be in a movie?

Discussion in 'The Hokey Ass Message Board' started by Mitchell de Moor, Jul 29, 2012.

  1. So a film company want to use my car in a movie. I had read the thread on the HAMB a while ago about people's cars getting damaged in movies so I told them I needed a contract. Before I sign it though I want some experts to go over it and see what they think. Attached are pictures of it. The part that worries me is when it says:

    "Custodian/owners
 of 
Vehicle 
acknowledge 
that 
the 
Production 
companies 
does
 NOT
 have 
any 
picture
 vehicle 
insurance
 of 
any
kind.
That 
if
 any
 such damage
 occurs
 to 
the 
car 
and 
or 
person s 
in 
any 
way
 in
 connection 
to
 the
 use
 of 
the 
vehicle 
it 
is 
the 
responsibility
 of
 the 
Custodian/owners 
of
 Vehicle 
to 
file
 necessary 
claims
 with
 the
 custodian/owner’s 
insurance
 agent 
and/or
 broker
policy."

    What is picture vehicle insurance?

    What do you guys think about all this?

    Here is the contract...
    [​IMG]
    [​IMG]
    [​IMG]
     
  2. Chris Casny
    Joined: Mar 13, 2006
    Posts: 4,874

    Chris Casny
    Member

    If they don't have insurance don't do it. Low budget production.
     
  3. hotrod40coupe
    Joined: Apr 8, 2007
    Posts: 2,561

    hotrod40coupe
    Member

    Sounds like "If we fuck it up, you have to file a claim with your insurance otherwise you are SOL."
     
  4. They told me on the phone they did though? I just wish I knew someone who could read all these big words here and knew what it was saying:D
     

  5. If they fuck it up, you file a claim with your insurance company.

    Um, NO WAY!!!



    .
     
  6. Hmmmm, do you think it would be a smart move to do this? It also states that "the vehicle will leave in the same condition it came in"
     
  7. Sounds like they are bailing out of responsibility for anything. They must be a small movie company not to carry their own insurance coverage during the filming. I bet if you contact your insurance that you will find you do not have coverage when using your vehicle during a commercial agreement (I assume they are going to pay you?). Maybe you could have a temporary rider added to your policy otherwise you are holding the bag.

    Charlie Stephens
     
  8. Don's Hot Rods
    Joined: Oct 7, 2005
    Posts: 8,319

    Don's Hot Rods
    Member
    from florida

    I would run away like a rabbit. First two things I didn't like in the contract was where it says they can drive my car, and the second one was where they say they will return it in the condition they got it "except for normal wear and tear". What constitutes normal wear and tear is in the eye of the beholder.

    But the biggest thing I didn't like was them wanting you to carry all the insurance and put in any claims for damage with YOUR insurance company. I wonder how your insurance company would feel about a claim if some actor ran your car into a tree or smashed into your car with another car while filiming ? Could the claim be denied ?

    That contract is totally slanted in their favor and basically says you are on your own and assume all risks. Even if they have to reshoot another day you do not get paid for the extra time. It totally protects only them and says you are out on your own if anything happens. Their Attorneys were not looking out for you when they wrote it.

    Nope, I wouldn't let them near my car, I don't have that much burning need to see mine on the big screen. :rolleyes::D I also bet you will have fun collecting the $200 at the end of the shoot.

    Don
     
  9. You think its a bad idea?
     
  10. 49ratfink
    Joined: Feb 8, 2004
    Posts: 18,850

    49ratfink
    Member
    from California

    it says they can wreck your car and don't have to pay.
     
  11. Chris Casny
    Joined: Mar 13, 2006
    Posts: 4,874

    Chris Casny
    Member

    Then the contract needs to be changed and a value put on your car. You need that stuff in writing.
     
  12. Thanks guys! I am thinking I'm not going to do it now.
     
  13. dont do it man... depends on what its doing, i know a guy that had his car featured in a Train music video and it wasnt even touched but it all depends on what they are doing for it
     
  14. Fenders
    Joined: Sep 8, 2007
    Posts: 3,921

    Fenders
    Member

    That verbal agreement ain't worth the paper it's printed on.
     
  15. As stated above, run away - don't walk - RUN.



    .
     
  16. Mudslinger
    Joined: Aug 3, 2005
    Posts: 1,964

    Mudslinger
    Member

    I seen actors slide all over cars and climb in the seats. Movie was Mischief 1985 some of it was filmed locally and I stood by and watched these kids climb in and out of a55 Chevy convertible like it was a jungle jim.
    My friend was paid for his car in the background shots but he was the one who moved it around no one else.
     
  17. NV rodr
    Joined: Jul 23, 2006
    Posts: 155

    NV rodr
    Member
    from Reno, NV

    Looks like a liability release
     
  18. Crystal Blue
    Joined: Nov 18, 2008
    Posts: 609

    Crystal Blue
    Member

    That contract isn't even worthy of a rusted out Yugo :D

    Stay away, far far away.

    BTW, on the first page, is says "ware and tear". :confused::rolleyes:

    If they can't afford to spell correctly,

    they can't afford to pay for the destruction of your ride. :eek:
     
  19. Mopar Jack
    Joined: Jan 24, 2010
    Posts: 1,363

    Mopar Jack
    Member

  20. Fenders
    Joined: Sep 8, 2007
    Posts: 3,921

    Fenders
    Member

    OK What car (the one in your avatar?) and how much money...? The only thing I would be concerned about is the contract says they can drive it.... that may not really be required by them ... discuss it with them.

    I drove a car in a movie, it was just move it there, put it there, drive down that street... the actors and crew never touched it.

    If you do all the moving and driving of your own car, I wouldn't be too concerned (if the money is worth it).
     
  21. I would not do it at all!
     
  22. pitman
    Joined: May 14, 2006
    Posts: 5,148

    pitman

    If you sacrificed to build it, then the lending/loaning or contracted use by
    another party still amounts to a privilege.
    They and their Barracudas need to acknowledge this fact.
     
  23. Marcosmadness
    Joined: Dec 19, 2010
    Posts: 373

    Marcosmadness
    Member
    from California

    Any contract written by someone who doesn't know the English language well enough to use the correct word in a sentence "except for normal WARE and tear" (should be WEAR, not ware) is suspicious in my mind. They should provide you with a copy of their insurance policy where it states that their policy covers your losses if the car is damaged. The way this contract is written you could be liable for filming costs if the car breaks down costing them time and money. Plus what the others have said X2.
     
  24. Thanks!

    The vehicle is the one in my avatar. It's a 1956 Ford fourdoor. Also the pay is only $200.

    I think I'm going to run away
     
  25. Just think about that lead-in to the T-V series Dukes of Hazard where the Charger goes flying over the ramp, goes airborne and lands with the whole front clip wrinkling up as it hits the ground:eek:
     
  26. It's not HAMB related, but my father in law lent his Catipillar tractor to his neighbor to build a dugout. The neighbor damaged a rubber track. The insurance company said "he is not the normal operator of the tractor" and wouldn't pay. The track was 10,000 bucks new. Insurance companies are only looking out for themselves (besides the movie production people)
    I'm a vote for run away fast also.
     
  27. But then the next scene the car looks good. I'm sure it couldn't have been that bad...... HAHA
     
  28. Nemosgarage
    Joined: Sep 21, 2009
    Posts: 144

    Nemosgarage
    Member

    if your car is in really good shape do not do it movie people do not know how to handle good cars
     
  29. Don's Hot Rods
    Joined: Oct 7, 2005
    Posts: 8,319

    Don's Hot Rods
    Member
    from florida

    Whenever I think of movie cars I remember that "Hot for teacher" music video Van Halen did where they blew the engine of the yellow tub after the burnout scene, and also Norm Grabowskis T door being smashed into the header when Charles Coburn threw the door open to get out. :eek:

    The language of that "contract" is pretty easy to dissect. They require you to carry all the insurance, accept any risk, stay for additional days at no more money if it rains, pay up if you cause any problems that delay a shoot, and generally absolve them of any liability if anything should happen to your car. But we know movie types are so honorable and upstanding that they would never create any problems like that. :p



    Aside from those issues, what's not to like !!!!! :rolleyes::D

    Don
     
    Last edited: Jul 29, 2012
  30. they make you think your vehicle is gonna be in a movie and that would cloud anyones judgement plus it might not even make it past the editors table! so if it gets damaged you get to tell everyone they paid you $200 to do $5000 damage!
     

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