You Must Learn This
The most important non-technical knowledge
At 26 I was in my boss’s office. He had just promoted me to run a production department of more than 125 people. Then he said: ‘The main problem with a producer is that you do not know how to read a contract. You do not understand business and I am going to teach you”.
I did not like it. I thought producers were artists and that finance people and lawyers would handle “that part.”
Fast forward twenty years. When people ask for the most valuable non-technical skill I have learned, the answer is easy: contracts and business.
Contracts in broadcasting look harmless until a schedule shifts, a flight is canceled, or your side project takes off. Here is a plain-English field guide to five clauses that quietly drain time, money, and momentum, plus simple ways to push back without blowing a deal.
1) Non-compete, exclusivity, and moonlighting
The problem: Broad bans that block “similar” work across big regions or platforms, sometimes after the job ends.
Why it stings: You lose gigs in your niche and the income gap widens when you need it covered.
Red flags:
“Any competing business” across an entire country.
Post-term restrictions longer than 3 to 6 months.
Blanket bans on “social media” or “digital content”.
Push back:
Narrow the scope to specific shows, clients, or markets.
Time-box to 3 months, the most.
Exempt existing relationships and side projects in an exhibit.
Swap for confidentiality plus non-solicit.
2) Travel days, per diem, and the “free day” trap
The problem: Travel days marked as unpaid and vague per diem rules that do not match real costs.
Why it stings: You lose a working day and still pay out of pocket for food and incidentals.
Red flags:
“Travel days not billable”
Per diem “at company discretion” with no rate listed
No rate for partial travel days
Push back:
Bill travel at a set day rate or 50 to 75 percent of day rate
List per diem by city tier or amount
Add baggage and ground transport as reimbursable with receipts
3) Gear liability and damage on remote gigs
The problem: You are liable for loss or damage to company or rented gear outside your control.
Why it stings: One incident can wipe out months of income.
Red flags:
“Talent or contractor assumes all risk”
No mention of insurance or deductibles
Push back:
Require the company’s insurance to be primary
Cap liability at your day rate or a fixed amount
Define normal wear and tear as not chargeable
If you bring your own kit, add a kit rental fee and require a Certificate of Insurance naming you as additional insured
4) Cancellation, kill fees, and minimum call guarantees
The problem: Last-minute cancellations with no compensation, or “weather” exclusions that cover everything.
Why it stings: You pass on other work and still earn nothing.
Red flags:
“Company may cancel without penalty”
No schedule-based fee matrix
Push back:
Add a kill-fee ladder:
7 or more days: 25%
3 to 6 days: 50%
0 to 2 days: 100%
Minimum call guarantee once you report: 5 hours or full day rate
Treat weather as delay first; if canceled, apply the fee ladder
5) IP, footage reuse, and reel rights
The problem: You cannot use anything for your reel or case studies, including behind-the-scenes process.
Why it stings: No portfolio means slower progress and lower day rates.
Red flags:
“All rights exclusive to company in perpetuity” with no carve-outs
Push back:
Allow reel rights with watermark and a short time delay
Allow behind-the-scenes if no confidential info is shown
Agree on credit language in advance
If training or frameworks are yours, license them non-exclusively for this project only
The quick-use table
Email language you can use
Non-compete
“Happy to agree to confidentiality and non-solicit. For non-compete, can we limit it to [Show/Client/Market] for 3 months after the project, with my current clients listed on Exhibit A exempt?”
Travel day
“Confirming travel days billed at 60% of day rate, with per diem at $XX for [City]. I will submit receipts for baggage and ground transport.”
Gear liability
“Please confirm your insurance is primary and names me as additional insured. Let us cap my liability at my day rate and exclude ordinary wear and tear.”
Kill fee and minimum call
“Can we add a cancellation schedule: 25% at 7 or more days, 50% at 3 to 6, and 100% at 0 to 2? Once I report, minimum 5 hours or full day rate.”
Reel rights
“I would like non-exclusive reel rights with watermark after 30 days. I will avoid confidential content and credit as you prefer.”
Quick checklist before you sign
Scope: Is the non-compete narrow, short, and tied to a clear market?
Money: Are travel, per diem, overtime, and minimums written with numbers?
Risk: Who pays if gear breaks? Is your liability capped?
Time: What happens when schedules shift or weather hits?
Portfolio: Do you have delayed, watermarked reel rights in writing?
I am not a lawyer. When a contract matters, speak to one, especially if you are not yet comfortable reading these clauses.
My former boss was right. Too many of us in media and broadcasting ignore business and contracts, and that ignorance bites us later. The good news is that you can learn this. Keep this note, ask questions, and push back politely. It works. Don’t be afraid to negotiate.
See you next week,
Oscar
P.S. If this helped, forward it to one colleague who signs deals. One share keeps another person out of trouble.
Bulletin board
52 already enrolled in my course The Global Business of Sports Production. It shares what I have learned about how the biggest shows hire, who makes the call, and what skills you need.
Absolutely agree on all, just a pity some companies continue to shave here and there on so many of these basics. I'd also add clear invoicing and payment processes and for companies to be aware and make provisions for the fact that not all freelancers have the ability to cover increasingly high and time-consuming pre-travel costs, particularly visas. Thanks for the post, it's a subject many shy away from as it's sometimes considered to be being difficult.
Another gem of a newsletter!! I just received an email canceling my 5 games ($335) 36 hrs in advance! Looked at contract and sure enough it said 24 hr notice is all they need to give. Thank you for this email bc now I will ask for kill fee terms.
Thank you, Oscar, for passing on your valuable wisdom. I am loving your course, too. Can’t wait for the resources section.
Knowledge is power. In all thy getting, get wisdom!
Grateful for your friendship and mentorship!