====== Welcome to the Open Forum for Motion Design Standards of Practice! ======
This open, collaborative site aims at establishing standards of practice for employers and employees in the motion design industry, including **freelance animators, designers, art directors, and visual effects artists.**
The site's goals include:
* creating an organized repository of best practices for motion design employers and employees.
* providing practical tips for freelancers and contract artists.
* establishing and discussing ethical and professional standards for the motion design industry.
This site's success depends on focused, mature contributions that raise the level of professionalism for the entire motion design industry. Any content that is not in accord with these goals will be respectfully removed.
At the moment, the site is focused on standards of practice in the United States, but we hope that with your input it can be expanded to include markets around the world.
===== Adding and Editing Content =====
To add content and/or edit existing content, you need to **[[http://www.motiondesignpractices.org/doku.php?id=start&do=register|register]]** first.
Registration is free and open to everyone, but please use a **valid** email address.
As the site evolves, new pages and areas will be added. For now, most of the content is contained on this single page. The initial content was adapted from [[http://etherpad.com/HDDwtHYGqB|this document]].
To learn how to write and format text, [[wiki:syntax|see this page]].
===== Best Practices for Freelancers (United States) =====
==== Booking Confirmation ====
A booking comfirmation is a legally binding document that aims to protect individuals as well as companies by alleviating any confusion during the temporary hiring process. By confirming this document verbally or by text, both parties agree to the terms stated within.
Here is an example booking confirmation email:
Please confirm this agreement by replying "CONFIRMED"
* NAME OF FREELANCER:
* COMPANY NAME (IF applicable):
* DATE:
EMPLOYER INFO:
Name:
Address:
DURATION:
HOURLY RATE: [Rate per hour up to 8 working hours in a day excluding lunch.]
DAILY RATE: [Rate per day defined at XX total hours.]
OVERTIME RATE:
All rates based on an 8hr day with 1 hour lunch included.
All rates based on an 10am-7pm day with 1 hour lunch included.
OVERTIME = regular hourly rate * X for up to 8 hours excluding lunch
OVERTIME*2 = regular hourly rate *XX for any additional hours past 12 hours in a day or after 4 hours of work on the 7th consecutive day (in accordance with California law).
EXAMPLE #2 (This was modified with California State Laws in mind, but you can easily swap out CA for your State and / or Country):
Please confirm this agreement by replying “CONFIRMED”
• NAME OF FREELANCER:
• COMPANY NAME (IF applicable):
• DATE:
EMPLOYER INFO: Name: Address:
DURATION:
WORK TO BE PERFORMED:
HOURLY RATE: $XX.XX [Rate per hour up to eight (8) working hours in a day
excluding lunch.]
DAILY RATE: $XXX.XX [Rate per day defined at eight (8) total hours.]
Guaranteed minimum.
OVERTIME RATE: All rates based on an eight (8) hour day with one (1) hour lunch
included. All rates based on a 10am-7pm day with one (1) hour lunch
included.
OVERTIME(1) = regular hourly rate of $XX.XX x 1.5, for a total of
$XX.XX per hour. Overtime (1) rate is "time and half" for the first
four (4) hours after eight (8), based on the hourly rate of $XX.XX of
an eight (8) hour day including lunch.
OVERTIME(2) = regular hourly rate of $XX.XX x 2 for a total of $XXX.XX
per hour. Overtime (2) rate is "double time" for any additional hours
past twelve (12) hours in a day or after four (4) hours of work on the
seventh (7th) consecutive day (in accordance with California law);
based on the hourly rate of $XX.XX of an eight (8) hour day including lunch.
Cancellations, Unscheduled Down Time, Kill Fee, Pay or Play:
Booked time that is cancelled is subject to a minimum cancel / kill fee of 50% of remaining booked hours. Booked time that is used to prevent a challenge cannot be cancelled. It will be billed for the entire booking. Kill Fee: 50-100% of remaining booked hours.
Payroll, Invoicing and Payment:
*If work is to be conducted on-site under employer's supervision with
employer's equipment, between specific times, then compensation is to be paid under W-2 / I-9 in accordance with Federal and State laws regarding employee / temporary
employee / contractor classification. Invoice to paycheck under W-2 / I-9 shall be no more than two weeks in accordance with CA State timely payment laws.* Otherwise all invoices for work that truly falls under independent contractor classification will be billed weekly, due upon receipt, with thirty (30) days to pay in full under California State Law. Invoices not paid within thirty (30) days shall accrue an interest of 5% per week. Compensation shall not be processed through a third party Employer of Record Service where the freelance employee must pay a service fee and / or employer tax contributions.
All bookings and terms will be "confirmed" by employer before work
commences. No other agreement shall make or hold these terms invalid.
==== Employment Status ====
If you work on site using company equipment, you should be classified as W-2 and paid in line with all the labor laws of your state, overtime compensation included. Classifying you as a W-9 employee violates IRS laws.
For more info, see [[http://www.irs.gov/businesses/small/article/0,,id=99921,00.html|"Independent Contractor (Self-Employed) or Employee?" on the IRS website]].
If you are incorporated with associated Federal ID you can legally accept a W-9 as an outside contractor as opposed to a W-2.
==== Holds and Booking ====
=== Holds ===
If requesting my services for specific dates you can request to have dates set aside or put "On-Hold". Alternatively, you can simply Book (aka "Firm" or "Buy") the dates to assure the service/dates are reserved with no challenge.
=== First Holds ===
A ‘First Hold’ is considered a tentative booking. A tentative booking will be put on first hold at your request. When you’ve decided to confirm or release your date(s) please contact me immediately.
=== Second Holds ===
If there is a first hold and you are interested in those dates you can place a second hold. If first hold cancels I’ll contact you and offer you the date(s), which must be confirmed or released.
=== Challenge to the Hold (Buying Out) ===
If you want to Book/buy date(s) that another Client has on a First Hold, you can "Challenge" that First Hold Client upon confirmation that you will Book the date(s) immediately if the first hold releases the date(s). The First-Hold Client now has the option to either Book or Release the First-Hold. I will make every effort to contact the First-Hold Client regarding the dates challenged by 2nd Client seeking to Buy Time. However, if there is no response by First-Hold Client after 24 hours of my initial attempt of contact, I can sell any dates they have on On Hold.
=== Confirmed Booking (Bought Time) ===
Booked Time may not be Re-scheduled without penalty fee. The fee varies depending on project and should be agreed to in advance.
=== On Call Time ===
If agreed upon by the freelancer, he/she will be within range of the designated workplace for a day, but until called in will be free to do as he/she wishes. If called in, the freelancer should be able to work within a reasonable amount of time and is entitled to his/her full day rate. However if the freelancer is not called in, he/she is entitled to half his/her day rate.
=== Cancelations (Unscheduled Down Time, Kill Fee, Pay or Play) ===
Booked Time that is canceled is subject to cancel/kill fee. The cancel fee varies depending on project.
Booked time that is used to prevent a challenge can not be canceled. It should pay amount for entire booking.
==== Invoicing and Payment ====
=== Payroll ===
Unless otherwise agreed upon, the standard time from invoice to paycheck for W-2 workers/Employees should be consistent with state mandated timely payment laws. In most states this means not less than bi-weekly.
Depending on company Account Payable procedures W-9/Corporations should agree upon payment schedule upon hire date.
=== Invoice Paid Upon Receipt ===
Invoice shall accrue an interest of 5% per week if not paid within 30 days.
===== Proposed Topics for Further Development =====
* [[DBAs, LLCs and S-Corps (United States)]]
* [[Taking Legal Action]]
* [[Copyright and Work-for-Hire]]
* [[Job Titles]]
* [[Credits]]
* [[Insurance Options (United States)]]
* [[Overtime compensation]]
* [[Common Pay Rates]]
* [[Showing Work]]
* [[Identifying Businesses with Troubled Business Practices]]
* [[Booking Through Payment and Collections Overview]]
* [[Speculative Work Issue]]
* [[Unpaid Pitching Issue]]
* [[Financial Planning Advice for Freelancers]]
~~DISCUSSION~~