Advice on Bad Rental

[Robert Hofmeyr]

I'm hoping I can get some advice here. Recently, I had an unpleasant rental experience. A large US production company was shooting in South Africa and they rented our equipment. It was very short notice and there was not enough time to get a contract signed by the line producer in the US, so we delivered the gear on the understanding that a signed rental agreement and insurance certificate would be sent prior to the shoot. They also promised us that the camera would not be used underwater. They proceeded to shoot with our camera underwater, in a hastily repaired housing (we later found out that the housing had leaked and bricked the Epic they were originally using - hence the urgency) and they refused to send us the required documentation. After the shoot, they handed our equipment to a third party, again without proper documentation (and informed us that they could not be held responsible for anything that happened to our equipment since it had been given to a third party without proper documentation!).


This is the short version of the story. It was a week-long drama, throughout which they were either ignoring our communications, lying to us, or coercing their crew into lying to us.


They eventually signed our rental agreement (after the rental was over and only once we put it in writing that the equipment was not damaged by them or the person they gave it to) and they did pay for the rental, but I was angry about being lied to and treated so badly, so I wrote a letter to them and asked for it to be forwarded to the executive producer. The letter detailed our experience, and asking for an explanation of how this happened and what was going to be done to prevent it happening again. I received a response from the line producer who apologised and said that the EP has been briefed and the issue is "resolved". I responded that, at the very least, I expected a response from the EP. Since then they have ignored my emails.


I'm posting this for two reasons: as a warning to others to never rent equipment out before getting your documentation - no matter what the credentials of the client are, and to ask if perhaps there's some sort of regulatory body in the US to which I can report this production company? I know I should probably just walk away, but I feel I must do something to ensure they think twice before they act like this again.

Thanks,
Rob

 

[Daniel Murphy]

This is despicable, you should exercise everything legal to recover your investment. Curious if any recourse with your carrier in a backup position?

Rental is a dangerous business, thank you for opening our eyes.

How expensive to repair EPIC?

 

[Nick Gardner]

That sounds like SOP for low rent LA productions. And sadly even some higher rent ones. Insurance cert and rental agreement always. Then call the insurance company. Even after that, some sleazy producers will be late to pay, decide after the fact that they are going to pay less, basically bully you. Often not worth the hassle.

Nick

 

[Craig Parkes]

Talk to your insurer about it. I imagine an advisory going out from an insurer to other insurers and their rental companies about concerning practices is probably the best result, especially as those who have an interest will probably dig around to find out where the cause for concern is coming from. After all as a rental company your concern is that you are insured, not that something doesn't go wrong on shoots. So kick it up the chain to your insurers and see if they can find out if such behaviour is becoming SOP with the company in question or the industry at large.

 

[Dave Blackham]

Its usually the larger companies that are the problem. We operate rental and Underwork so we have some idea of what happens. Firstly theres a premium for UW work, the attrition rate for kit is higher and takes a lot more looking after.

Always get your T&C in place first and make sure you have an insurance certificate naming your company on the certificate. If you are working underwater make sure there is flood damage and scratch damage for lenses and dome ports on the policy.

 

[Marc Wielage]

I can't even rent a cardboard box in LA without signing a contract and paying for insurance. I think it would be wise to do the same thing with a rental business in South Africa.

 

[Robert Hofmeyr]

Thanks for the advice guys. I think in our local industry here there's a certain level of trust since everyone knows everyone else. I guess I'm a bit naive, but I always try to give people the benefit of the doubt. I suppose it's a good lesson for us.

Craig, I could chat to my insurer, but they are South African, and I don't think they have connections to US-based insurers.

 

[Michael Ou]

Every shoot is different, a prod. co. can have multiple projects running, and with each show there can be dramatic turn-around of personnel from previous, so there is never any guarantee of consistency of reputable dealings, the contract is key. I wonder who's Epic they bricked? Was it theirs or another rental's?

I got burnt a couple of times, but it was always from individuals I considered very close friends, so the guard was naturally down. Especially be guarded if there seems to be a rush, or urgency on their part. The reality is: it's their "disadvantage", not yours. Too often, folks with questionable motives will try to take advantage of our natural instinct to help. I've unfortunately learned the hard way that you need to protect yourself first before jumping in the deep end with someone who may or may not have integrity. If they really are so desperate, then they should at least be willing to honor your minimal requirements for a secure business deal. The hardest lesson I'm still trying to learn is how to say "No".

Thank you for sharing your story Robert, we always need reminders to keep our guard up and protect ourselves from other's incompetence, or malice. But luckily Karma's a Bitch in heat, and thanks to the internet we can give that Karma a little "push"! lol