Connor Thomas, Founder & CreativeBy Connor Thomas, Founder & Creative

What a Deal Memo Actually Protects, Depending on Which Side You're On

A deal memo is supposed to protect everyone on a job. In practice, freelancers and productions are usually protecting two different things.

A Handshake Day Rate Felt Fine Until the Day Actually Changed

A camera operator agreed to a day rate over a phone call two days before a shoot. The number sounded fair, the conversation was friendly, and nobody mentioned a contract because the producer was someone he had worked with twice before. On the day itself, the location fell through an hour before call time, and the backup location added an extra forty five minute setup and a second short scene that hadn't been part of the original plan.

Nobody was acting in bad faith. The producer was solving a real problem under real pressure. The camera operator just found himself doing more work than he'd agreed to, with no clear sense of whether that extra time was already baked into the day rate or whether it was something he should bring up before the day was over. He ended up saying nothing, finishing the day, and feeling a little resentful about it for weeks afterward. That is exactly the kind of moment a deal memo exists to prevent, and exactly the kind of moment that keeps happening because most quick bookings still skip one.

What a Freelancer Is Actually Trying to Protect

For the person being booked, a deal memo is rarely about distrust. It is about making sure a handshake conversation survives contact with a day that doesn't go as planned. The details that matter most are the ones that turn a vague verbal understanding into something specific enough to point back to when a question comes up.

The recurring concerns are fairly consistent across freelancers, regardless of role. What counts as the agreed scope of the day, and what happens if that scope changes. Whether overtime kicks in after a certain number of hours and what the rate is if it does. Who is responsible if a piece of owned gear gets damaged on set. And just as importantly, when payment is actually expected to arrive, since "soon" and "within thirty days" are two very different promises that sound identical in a phone call.

What a Production Is Actually Trying to Protect

From the other side of the table, the concerns look different but are no less real. A production is usually less worried about hourly nuance and more worried about predictability and exposure. Cost is one part of that, but it isn't the whole picture.

The recurring concerns from this side tend to center on scope staying contained, usage rights being clear so footage can actually be used the way the client expects, and some baseline assurance that the person being booked will show up and perform the role they were hired for. Liability shows up here too, particularly around who is responsible if a crew member is injured on set or if their gear damages something that belongs to the location.

Where the Two Sides Actually Want Different Things in Writing

What a Freelancer Wants Spelled OutWhat a Production Wants Spelled Out
Exact day rate and what counts as overtimeExact scope of work and what counts as an add on
Who pays for damage to their own gearWho is liable if gear damages a location or set
Payment terms and turnaround timeUsage rights and how footage can be used afterward
What happens if the job is cancelled last minuteWhat happens if the freelancer cancels last minute
Whether kit fees are included or billed separatelyWhether the day rate already includes standard gear

Neither list is unreasonable, and most of the friction on set traces back to one side assuming the other side's concern was obviously covered, when it was never actually written down anywhere either of them could point to.

The Two Sides Agree More Than the Tension Suggests

It is easy to frame this as freelancers wanting protection and productions wanting control, as if the two sides are pulling in opposite directions. In practice, both sides want the exact same underlying thing, which is to know what they're walking into before the day starts so a sudden change doesn't turn into an uncomfortable negotiation happening in real time, in front of a crew, on a clock that is already running.

The camera operator from the opening story didn't need a complicated contract. He needed two or three sentences clarifying what counted as the agreed scope and what happened if it changed. The producer didn't need to lawyer up either. She needed the same two or three sentences, just so she wasn't guessing whether asking for an extra setup was going to blow up the budget or the relationship.

A Deal Memo Saves Time More Than It Settles Disputes

The instinct is to think of a deal memo as something you reach for when things go wrong. In practice, its real value shows up on the days nothing goes wrong, because nobody has to stop mid shoot and figure out, on the spot, what was actually agreed to. That clarity is what lets a scope change get handled with a quick look at a document instead of an awkward conversation nobody wants to have while a crew is standing around waiting.

The crews and productions that handle this well aren't the ones with the most airtight legal language. They are the ones who treat a quick, clear deal memo as a normal part of booking anyone, not a formality reserved for big jobs or unfamiliar faces. It costs five minutes up front and saves a lot more than that the moment a day doesn't go according to plan.

Connor Thomas

Connor Thomas

Founder & Creative