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Ask Ms Chase - JA Entertainment Mentor Yo...

Ms Chase - JA Entertainment Mentor
Ms Chase - JA Entertainment Mentor, Entertainment Industry Executive
Category: Entertainment
Satisfied Customers: 2897
Experience:  Entertainment Consultant 25 yrs. Record labels. PR firm. Published Writer. World Traveler.
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I put together a crew for a music video shoot where ...

Customer Question

I put together a crew for a music video shoot where everyone, myself included was working on a deferred basis. At the last minute our director asked a make up artist he knew to work on the music video. At no point did she discuss with me any type of pay rate or that she was not willng to work on a deferred basis. According to the director she did not express a rate of pay to him either. Now she has sent me an invoice stating she is to be paid $50 per hour worked with the total pay for just 11 hours of work being $550. She did make up for only 5 to 6 people and spent most of the 11 hours just hanging out. Had she discussed her rate with me before the shoot day I would have declined her services or limit her time to just 2 hours. Since she never discussed any rate with me or the director and everyone else did work on a deferred basis am I obligated to pay her the $550 she is demanding?
Submitted: 6 years ago.
Category: Entertainment
Expert:  The Scribbler replied 6 years ago.
It is unfortunate that nobody told the make up artist that everyone else was working on a deferred basis. In the absence of her being told that, you are obligated to compensate her. Nobody can be expected to work "for free" without being told that in advance.

But perhaps you COULD tell her now, better late than never, what the arrangement was, and see if she will voluntarily agree to take half now and defer half.

The amount of time she actually spent applying makeup isn't really the point here, for any photo shoot nobody is actually "working" 100% of the time.

For the future, this sort of arrangement is best stated in writing and signed by each crew member before ANYone works on the shoot. If the pay is deferred there is already some sort of paperwork if only to keep track of the names of who is due deferred money. The written agreements to work for deferred money should be part of that file.
Customer: replied 6 years ago.
I did have every crew member sign a deal memo and no where does it state a rate of pay or that there would be payment. The make up artist signed this as well. But your response seems to indicate that if I worked for someone and pay was not discussed I could charge them any rate I felt like it. I would not go ahead and work for someone without first knowing what I was being paid. Further I did explain to every crew member the Make up artist included that the crew deal form was needed so that we could credit those who worked on it accordingly and if this music video does produce profit the client and myself would have a list of those who are owed money should the music video generate a profit.

Sorry to edit this again but also I was under the impression the makeup artist knew it was deferred pay basis. Only cost that were covered was cost of supplies and equipment which is already paid in full and there is no money left. She also took a month to provide me with this invoice of hers. The answer I got so far seems wrong as it seemsto indicate that if she got confused then she can charge any rate with out first discussing it with me the producer. Oh the crew deal memo does state any expenses must be per approved by the producer. I was not afford that chance as she said nothing of her rate either before the shoot or during the 11 hours she was there.
Expert:  The Scribbler replied 6 years ago.
Good point. But $50 an hour doesn't sound out of line. What IS the typical rate for experienced makeup artists for movie and video shoots?

How are you going to allocate the shares of profit to the other crew members if no rate of pay is included in your deal memo?

I think it is still a good idea to try to negotiate something with the makeup artist. But if you want me to Opt Out of your question and let other Experts give their opinion I would do so.
The Scribbler, Lamentably Modest Publications
Category: Entertainment
Satisfied Customers: 1387
Experience: Short Story Writer
The Scribbler and other Entertainment Specialists are ready to help you
Customer: replied 6 years ago.
I edited my post as you answered so please reread the response above.

As for experianced Make up artist this one is a student at the university I just graduated from this past May.


As for typical amount it is on the low end $20 per hour. Since she is not a professional with a license or degree she should not get more than the low end if at all.

Noticed that I made a typo in the post above, per approved is actually pre aproved
Expert:  Ms Chase - JA Entertainment Mentor replied 6 years ago.

Hello Pwe,

Ombudsman asked me to help out. As a publicist, I've worked on a great many videos/video sets, and I agree with you that she should have been clear about payment, instead of just assuming she would be paid. By the same token, before she started working on the set, she should have been advised of the pay situation, especially since rarely (if ever) is any money made back from a music video, particularly with new or independent artists.

I would give her half the time she is asking at the rate of $20 an hour since she is not an established makeup artist. Half of the time only because it was not discussed in advance. If she really gives you a hard time, once you explain it to her, you may want to give her 3/4 o the time (about 8 hrs) because the bad publicity isn't worth it, but it's all up to you.

I welcome your thoughts. Let me know if you want to talk more

Warmly,

Chase

Expert:  Ms Chase - JA Entertainment Mentor replied 6 years ago.

Pwe,

May I be of further assistance?

Chase

Customer: replied 6 years ago.
Reply to Ms Chase's Post: It just seems that she is trying to benefit when the director whom was the one who brought her on board told me she knew. Further I did make it clear as she said she had an invoice to send me, I thought it was for reimbursment for make up supplies she had to spend on the shhot, that I needed the invoice by the October 31st to give to the client/executive producer. She waited 3 weeks to get me an invoice finally. She sent it to me by a third party on November 5th. Now she is trying to charge me a rate higher than make up artitsts that have 20 years experiance while she is still a 21 year old student. Had she discussed her rate before the shoot I would never have hired her.

So it is malicious of her to work with the full knowledge she never quoted a must price before or even during the shoot. She never once indicated any price until I got the invoice on November 5th. The shoot was October 12th and I got all receipts for film related costs from all other departments by October 14th. Being forced to pay for her this extrememly high rate when I was under the impression she knew it was a deferred payment job is not right. I was not afforded a chance to look elsewhere or just go without a make up artist as truthfully it was a benefit not a necessity to have a make up artist. I nor anyone else made one cent on this as of this time but she wants more than I make at my server job in a week.

Since there was the restriction to get all receipts to the client by October 31st I cannot go back and get more money. He got the money from a sponser and they need to have the accounting books closed by October 31, 2007 for this project.

Just feels wrong that someone should get away with not saying one word about insisting on a rate of pay she expects while still doing the work without complaint then charge and extreme amount. Why would someone work without talking to the producer about a rate of pay? Both the director who hired her and myself were under the impression she knew it was deferred pay if anything.

Her actions have me at the point where I will never use her again and will not give her a recommendation ever. At this point I feel she is risking her reputation in a field that is even more competative than being a producer is.
Expert:  Ms Chase - JA Entertainment Mentor replied 6 years ago.

PWe,

Im not sure what your question is at this point. You have accepted the previous experts answer. Are you saying you shouldn't have to pay anything at all? Do you want to talk more? Or are you done with this question?

Let me know

Chase

Ms Chase - JA Entertainment Mentor, Entertainment Industry Executive
Category: Entertainment
Satisfied Customers: 2897
Experience: Entertainment Consultant 25 yrs. Record labels. PR firm. Published Writer. World Traveler.
Ms Chase - JA Entertainment Mentor and other Entertainment Specialists are ready to help you
Customer: replied 6 years ago.
At this point done

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