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Ethics of Cancelling a Job for a Better Rate?

Jonathan Stevenson

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This weekend, I DP'd a short film on Red M and RPP's. It was amazing, everything looked awesome and reminded me that the M sensor is still an incredible achievement. Anyway, we had a scare on Thursday before our shoot started Friday...

The private owner that was renting the camera to our production called me about 24 hours before our pickup time Friday morning. He told me there was a production company in town that was having an emergency and needed to rent a red. They were offering him nearly double what we were paying for the rental. (We were paying *slightly* below his standard day rate, FYI). Not only did he try to ask me for more money for the weekend rental, but he also asked for cash. After discussing this with him for a bit, I was able to convince him that we would be writing him a check for the amount we had agreed upon originally, considering we had booked the camera with him over a month ago. Friday, upon picking up the camera, this owner was extremely short with me, claiming that we "owed him big time" and were "totally screwing him over" because he could've potentially made much more on a last minute rental that weekend. However, we were able to get the camera and shoot the movie.

Had he pulled the rental on us, our shoot would've been completely ruined. We had a SFX makeup girl flown in and would've never gotten her back. Our location we secured was a one time deal, we'd already paid insurance, actors, crew, craft. Basically, had the rental been pulled, our entire budget would've gotten completely wasted on nothing.

Now, had the private owner called me 3 weeks before our shoot saying, "I have a better offer," fine. I get it. We would've had ample time to secure another rental and found a Plan B. But 24 hours before? I think as a renter, you have a duty to commit to your rental agreements, just as the production company commits to the terms of the rental. And what torqued me the most was that the renter acted as if he was doing us a favor by not canceling our rental and ruining our shoot; that we "owed him" for allowing us to complete a production we'd worked so hard to pull together. Now, YES we were paying a rate that was slightly lower than his standard rate, so I'm willing to admit that I can understand where the renter was coming from, but still, 24 hours notice seems unreasonable.

I've been in freelance for about 5 years now. I've had to turn down some very good offers because I was already booked on another job. To me, that's just the world of freelance. You win some, you lose some, and that's why you charge the big bucks- because there's no guarantees on when the next gig will come your way. And to me, the MOST important aspect of freelance is being reliable. Reliability will ALWAYS get you a good referral. I will definitely never be renting from this particular owner again, simply because he has proven himself to be completely unreliable. I will gladly pay a higher rental rate for a more reliable renter.

Now, believe me, I understand life isn't fair. And that's why I'm posting here. I want to know from you guys- Is this really the way the rental business works? Though it may be dickish, is it pretty "standard practice" to cancel a rental on someone at the last minute for a better rate? If that's the case, thank you. I will take it with stride and just make sure to have a backup plan for next time, because I'm simply not as well versed in the camera rental world to know if this is the way things really work. I would love everyone's input here! Thank you for your time.

(Here's a RAW screenshot from the footage from yesterday. It's a horror short about organ theft! :001_cool:)


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It would be a blacklist for the rental owner for me and any production company I work with. Its bad business and bad form in general.
 
This is not a rental service... it´s a scam.
Put the name of this company/guy in HERE.
 
He's wrong in this case. And guess what, you don't have to rent from him again. :-)

OTOH, I've had people firmly reserve my camera a month ahead and back out in the last week because they found a better deal. I'm not a rental company. If I was I probably would have had a deposit and a contract before I held the gear. So I'll take part of the blame, but it doesn't mean I'll ever do business with those guys again.

What comes around goes around. Every movie town is small, even LA.
 
This is not a rental service... it´s a scam.
Put the name of this company/guy in HERE.
Not true. I know who the other production company is that gave the higher offer. But I can see how it looks that way ;-)
 
EDIT: Re-read this is about renting from an individual...my mistake. Still...not cool.

I would like to know the name of this company for my own sake. Following the money like that isn't a very respectable thing to do. It's a good thing that he ended up doing the right thing, but you don't owe him other than what your contract stated. And if he always wants to be waiting around for last minute rentals that pay a premium, he needs to buy another camera and not rent it out under normal circumstances.

Always read the fine print and remember everything is negotiable. Make sure your contracts (for anything, not just camera rental) are ironclad and that it is plainly stated exactly what you are getting for exactly how much, and that there are no exceptions to what is in black and white.

In the future, ask your rental company to specify about this or a similar situation before renting. For example...

What are they going to do if the camera gets stolen or damaged the night before the shoot? I know some rental companies have excellent relationships with each other and can provide you a camera from another company within 24 hours in just such an event. I have a feeling the rental company you are talking about could not.

What are they going to do if you happen to show up and they decide they "just don't trust you" or the "situation doesn't feel right"? Will they revoke your rental using their gut as an excuse, despite the fact that you are insured and given them legitimate and verifiable proof? Will they make you take out an additional non-refundable floater from them on top of insurance you already have?
 
I have been in similar situations when private rental has been the only option as opposed to company rental.. I insist on an iron clad contract and on paying a deposit even if the owner doesn't require one. It give's me more leverage if something goes wrong which I have only had happen once.

Regardless of anything if you have an agreement in place for a rental you have the right to assume that within the persons ability that agreement should be fulfilled.
 
I don't want to say too much as I know who was supplying the camera. Other than that's quite unprofessional to try and demand more money or hold a grudge against you just because something better may have come along. Such are the pitfalls of being an individual camera owner that rents out their gear.
 
If you were getting it as a 'favor' in the first place and got a huge discount I would say he's in the right. He's then donating something and donations obviously take a lower precedent over staying in business. But that doesn't sound like what happened. A slight discount is just doing business and looking to maximize your rental days. You owe him nothing. He was the one who took the gamble that he wouldn't have any work during that time frame and that a little under the normal rate would be better than nothing at all. His gamble backfired. And you can bet your ass if he didn't have someone else lined up and you backed out within 24 hours that he would have still charged you the late termination fee.
 
Cancelling BEFORE the shoot... say 72 hours notice MIN so they guy can get another camera would seem fair... but DURING a shoot? That is just bad bad business.

Why doesnt he just try to subrent another camera from someone on here and broker the other company?

people
 
Sounds like the owner has a tough time honoring his word. He was willing to sell his reputation down the river for a few bucks, but begrudgingly thought better of it. Maybe he should reconsider a new line of work, like politics, banking, selling used cars, or the legal profession. All kinds of "bait and switch" opportunities out there!
 
moment of weakness

moment of weakness

Vance, yours are always the words of wisdom.
I would say that it's hard to stay on a high horse when you have few mouths to feed so to speak. From some comments here I gather that some of you never felt that pinch. I sure have.....
So the guy had a moment of weakness but ultimately came through and did the right thing.
Black list him. Crucify him!!!!!
Get a grip. I for one command him for doing the right thing...:tongue:
 
That owner probably could have found another RED owner locally, sub-rented a camera for what you paid him, and pocketed the difference that the other production company paid. He had other choices besides taking it out on you...
 
Vance, yours are always the words of wisdom.
I would say that it's hard to stay on a high horse when you have few mouths to feed so to speak. From some comments here I gather that some of you never felt that pinch. I sure have.....
So the guy had a moment of weakness but ultimately came through and did the right thing.
Black list him. Crucify him!!!!!
Get a grip. I for one command him for doing the right thing...:tongue:

I understand what you are saying. I empathize completely. However, I think the guy's attitude is the biggest turn off. There's no harm in asking, but to begrudge a "no" is bad business.
 
I wouldn't rent anything ever again from someone who conducts business like that. Very unprofessional if you ask me. Usually - if someone books my camera for more than a week, I will require a 25% booking fee of the full rental (unless I know them very well) up front. If they cancel within 48 hours then they will loose the booking fee and get a "strike". Three strikes and they're out unless they're ready to pay the full fee up front next time. I never EVER back out of a rental job once I have committed to it. Some clients want to "pre"-book the camera for a certain period and if someone else makes inquiries about the same period then I always call up the first client and ask them to commit or not. If I have two rentals in the same period then I would try to sub-rent another camera and make a little money if possible. Hasn't happened yet, though.
 
Personally, I'd like to know who this is so I can avoid renting from them. Unprofessional to say the least.

Look, if I offer my services to someone on a particular date weeks in advance, and they're arranging their stuff around that, then canceling last minute is extremely unprofessional and I simply wouldn't do it - and I certainly wouldn't tell them they're screwing me by holding me to my word. That's just ridiculous. Even if I was giving them a lower than normal deal. Word spreads. I'd rather lose one high paying gig because of scheduling than a lot of smaller ones because of unprofessional behavior.
Would I be disappointed in not being able to take the other offer that paid more? Sure, but that's life. A deal is a deal. My attitude is that if someone can't hold up their end, I'd want them to tell me now so I can avoid finding out the hard way later.
 
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