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Who is responsible for repairs?


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#1 Dan Coplan

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Posted 20 August 2007 - 01:50 PM

I recently did a gig where I had to chase someone through the woods. Talent ran in between trees and on one of my takes, I took a straight line right into the side of one. This resulted in a $250 repair to a loose donkey box.

Am I responsible for the charge because I'm the one who ran into the tree or is production responsible for the charge because I served as an employee under their direction?

Certainly I made a mistake in not clarifying ahead of time that any damage to the rig as a result of being directed to do risky shots was production's responsibility, but wondering if perhaps I can make any sort of argument towards getting them to pay for at least some, if not all, of it.

I did get an insurance cert from them ahead of time.

Dan
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#2 Afton Grant

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Posted 20 August 2007 - 02:53 PM

If you got an insurance cert from them prior to working, there should be no problem - the production should cover the damage. That's exactly why you get the certificate.
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#3 Charles Papert

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Posted 20 August 2007 - 02:57 PM

They are not only responsible for risky shots, they are responsible for the gear while it is working on your job. That includes anything that happens to it while it is in the camera truck overnight, when it is on the dock, etc.

More and more they like to fight things along these lines, but having the cert in hand and preferably a clause in your deal memo that reiterates that they are responsible for any damage to the equipment and will reimburse the total cost of the repair from dollar one (i.e. including paying for deductibles) would be helpful.
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#4 Rob Vuona SOC

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Posted 20 August 2007 - 04:28 PM

Dan,
Just ask them for the paperwork for the insurance claim regarding the damage to your rig, As Afton said thats exactly why you have the ins. cert. Make it a no brainer like it's second nature when you speak to them and all should be good in the world. But on the flip side, in one of my other posts I said that the production company covered my snapped arm, they have since renigged on the claim and said I am responsible since the arm springs failed on their own not because of anything I was doing on the set, like running into tree's . . . .Bummer . . . .

At least your damage is only $250 not $2600 . . . .

All the best
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#5 Dan Coplan

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Posted 20 August 2007 - 08:22 PM

At least your damage is only $250 not $2600 . . . .


HA! Yeah. $250 was the cost of finding out that my DBox suffered irreparable damage. New DBox = $4500 + tax + the $250. So far production is being cool about it, but it hasn't worked its way up the chain yet. I also need a new pan bearing but I'm guessing that's on me since it's something that eventually just wears out?

Dan
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#6 Rob Vuona SOC

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Posted 20 August 2007 - 09:01 PM

At least your damage is only $250 not $2600 . . . .


HA! Yeah. $250 was the cost of finding out that my DBox suffered irreparable damage. New DBox = $4500 + tax + the $250. So far production is being cool about it, but it hasn't worked its way up the chain yet. I also need a new pan bearing but I'm guessing that's on me since it's something that eventually just wears out?

Dan

-----------
Ouch . . .woops . . . .4500 ouch . . .include the new pan bearing . . .shhhhhh!!!!
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