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Home: Video University Forums: Wedding & Event Videography:
Damage by second cameraman

 
 


Godfrey
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Jun 10, 2009, 2:55 PM

Post #1 of 17 (1575 views)
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Damage by second cameraman Can't Post
How do you deal with damage caused to property by your second freelance cameraman? He stepped back and broke one of a set of 4 china pieces. The customer is claiming the cost of damage from the main videographer but there is nothing in writing with the second cameraman.

Do you have any written terms with your freelance second cameramen which covers any damage or injury they cause during a shoot?


KevinShaw
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Jun 11, 2009, 8:52 AM

Post #2 of 17 (1489 views)
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Re: [Godfrey] Damage by second cameraman [In reply to] Can't Post
I would think you should take responsibility with the customer and then sort out with your cameraman whether he'll reimburse you.


Godfrey
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Jun 11, 2009, 9:51 AM

Post #3 of 17 (1477 views)
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Re: [KevinShaw] Damage by second cameraman [In reply to] Can't Post
Thanks Kevin. Everything has been sorted out with the client but the second cameraman denies liability even though there were witnesses - thus the question for future as to what if anything should be put in writing to a second cameraman


Dave Williams
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Jun 11, 2009, 10:01 AM

Post #4 of 17 (1476 views)
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Re: [Godfrey] Damage by second cameraman [In reply to] Can't Post
If you truly feel your 2nd has not taken responsibility, you cannot trust him so he is a liability. Also, unless he is an employee (I assume you 1099 him), he should have his own insurance.


Godfrey
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Jun 11, 2009, 10:41 AM

Post #5 of 17 (1462 views)
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Re: [Dave Williams] Damage by second cameraman [In reply to] Can't Post
Thanks Dave

I SHOULD have a haircut every week - but I just happen to miss out. Yes he should have insurance but........

The issue arises because he is freelance. Looks like in future I wil have to get something in writing regarding damage or injury but dont want to put a good guy off by being too pedantic.


Kenneth
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Jun 11, 2009, 2:32 PM

Post #6 of 17 (1429 views)
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Re: [Godfrey] Damage by second cameraman [In reply to] Can't Post
When your in charge everything is your fault. You have to take responsibility and reimburse the client and accept the actions of people under your guidance.

If he is a good guy you don't want to lose him.



Philadelphia Wedding Video
The Kenneth Stillman Blog



Godfrey
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Jun 11, 2009, 3:22 PM

Post #7 of 17 (1420 views)
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Re: [Kenneth] Damage by second cameraman [In reply to] Can't Post
Thanks Ken

There is no reaon to turn a blind eye to damage caused by someone acting on your behalf - however good they are. They could do it again. The question is on what basis you employ them in future

The legal maxim says you have to give a dog two chances to bite, but if the guy denies responsibility even though he is a good videographer, he may be more of a liability than an asset. He either has to accept liability to me ( as I am, his Client) or he could do it often and damage my reputation and the reputation of my firm. He is, after all, selling his expertise as a freelance - not as an employee.

So asking a freelancer to sign terms where he accepts to reimburse the firm that engages him for personal injury or damage he causes on a shoot is not at all unreasonable.The trouble with insurance at present is that the Companies impose regulations that must be passed onto freelanceers or employees and these can be very onerous


Kenneth
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Jun 11, 2009, 3:27 PM

Post #8 of 17 (1417 views)
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Re: [Godfrey] Damage by second cameraman [In reply to] Can't Post
I think the real question here is did he know he broke it? Maybe he is telling the truth and to the best of his knowledge he didn't do it. BUT...if you know 100% that he did it and he's just trying to cover up that would be grounds not to use him again. That's just 1st grade BS at that point. Even my 7 and 9 year old boys know not to lie to me when they do something wrong.



Philadelphia Wedding Video
The Kenneth Stillman Blog



Godfrey
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Jun 12, 2009, 6:50 AM

Post #9 of 17 (1357 views)
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Re: [Kenneth] Damage by second cameraman [In reply to] Can't Post
Yes. I agree. Honesty by someone representing you is paramount. Do you have experience of settting out terms to a freelance cameraman acting either with you or for you?


Chuck_e7
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Jun 17, 2009, 7:08 PM

Post #10 of 17 (1222 views)
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Re: [Godfrey] Damage by second cameraman [In reply to] Can't Post
Do you have a vendor contract when you hire a person to do work? We have one to CYA.







"600 yards out, I can still see you!"


Timothy Harry
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Jun 19, 2009, 8:31 AM

Post #11 of 17 (1139 views)
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Re: [Godfrey] Damage by second cameraman [In reply to] Can't Post
In Reply To
How do you deal with damage caused to property by your second freelance cameraman? He stepped back and broke one of a set of 4 china pieces. The customer is claiming the cost of damage from the main videographer but there is nothing in writing with the second cameraman.

Do you have any written terms with your freelance second cameramen which covers any damage or injury they cause during a shoot?
3 words... General Liability Insurance

1 million dollar policies are cheap, and is the ultimate CYA. If your battery charger burns down the uninsured reception hall you are covered. your retarded camera man knocks the picasso off the wall....you are covered. A very worthwhile investment.

Tim Harry

Dallas, TX


Godfrey
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Jun 21, 2009, 10:58 PM

Post #12 of 17 (1040 views)
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Re: [Timothy Harry] Damage by second cameraman [In reply to] Can't Post
Hi

I would love to continue this thread but as no-one seems to address the question I originally put about what terms should be agreed before engaging a second videographer, I get the impression that no-one does this and therefore takes a chance that the second videographer can get away with either causing real damage or damage to ones reputation without recourse.

Thanks, but as mentioned earlier insurance is not always the only route.


Bob A
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Jun 22, 2009, 6:54 AM

Post #13 of 17 (1031 views)
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Re: [Godfrey] Damage by second cameraman [In reply to] Can't Post
This is kinda like asking if a waitress should pay for a dish she breaks or a race car driver pay for the damage when he hits the wall.
You da man, your liability.
If you are just paying me a wage I would never agree to any liability about anything on the job. Just one of the joys of being 'da man.' You ani't paying anywhere near enough for someone to take on or agree to hard liability. No one in their right mind would sign anything like that.


Godfrey
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Jun 22, 2009, 7:29 AM

Post #14 of 17 (1027 views)
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Re: [Bob A] Damage by second cameraman [In reply to] Can't Post
Hello Bob

I would respond to you about waitresses and racing car drivers, but when you added " If you are just paying me a wage I would never agree to any liability about anything on the job" somehow I don't think the debate about acting responsibly for others would get very far.


Bob A
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Jun 22, 2009, 7:58 AM

Post #15 of 17 (1021 views)
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Re: [Godfrey] Damage by second cameraman [In reply to] Can't Post
Even a very dedicated, responsible employee has accidents. But the business owner has the ultimate responsibility. Verizon just did an install at my house and the installer broke a window. Who is responsible to pay for the damage: the installer or Verizon?
If you get an oil change at the quick oil change shop and the $8/hr monkey forgets to tighten up the drain plug and you blow the engine, who is responsible, Bubba or the shop?
About the only recourse you have is to fire the guy. If that is shooting yourself in the foot, then you just suck it up and ask him to be more careful next time.

Been there, done that......


Godfrey
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Jun 22, 2009, 10:58 AM

Post #16 of 17 (1007 views)
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Re: [Bob A] Damage by second cameraman [In reply to] Can't Post
Thanks Bob and of course there is no question about who has the initial liability during a shoot. Where i draw the line is igoring clumsiness by the second camera or fail to to warn him/her of what liability he/she may have to me. That's all. Health and safety issue do not and cannot simply start and start at the top


Timothy Harry
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Jun 23, 2009, 9:17 AM

Post #17 of 17 (975 views)
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Re: [Bob A] Damage by second cameraman [In reply to] Can't Post
In Reply To
Even a very dedicated, responsible employee has accidents. But the business owner has the ultimate responsibility. Verizon just did an install at my house and the installer broke a window. Who is responsible to pay for the damage: the installer or Verizon?
If you get an oil change at the quick oil change shop and the $8/hr monkey forgets to tighten up the drain plug and you blow the engine, who is responsible, Bubba or the shop?
About the only recourse you have is to fire the guy. If that is shooting yourself in the foot, then you just suck it up and ask him to be more careful next time.

Been there, done that......
Yup. I had a couple of great guys out in West Texas that worked for me, but I never would have asked them to sign a liability agreement, they never would have signed it to begin with. It is also in my opinion an irresponsible and stupid business practice to do business without liability insurance.

Tim Harry

Dallas, TX