Currently on a project for Company A - contract had me holding for two weeks later in the month, but they have been picking and choosing which days they bring me in (not full weeks), and paying me a lower rate and title. Company B reached out, can offer full rate, and wants to book me for a month straight, no "down" days, starting ASAP. 1. Are "holds" legally binding (in an at will state) - and can I challenge Co A to pay full rate / comparable booking length? Any experience here?

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Holds are just that, holds. I would think it works the way we work with production houses. He can ask for a hold, but if someone else challenges and we can’t confirm or meet it, the production company is going to go with them.

likesmart

Holds for creative freelancers are a courtesy, not a binding agreement. It’s not a formal system like holds for production. So if you haven’t signed a contract, there’s no agreement. You could theoretically burn a bridge I suppose if the agency is a real bunch of megalomaniacs, but usually there are no hard feelings.

That said, it sounds like you’re already working for Company A, so let’s assumed you do have a contract at the moment. Does your contract with company A expressly forbid you from working with other agencies during the term? If not, I’d sign on with B and do the occasional double-shift day when A comes knocking. As a freelancer, you’re not an employee. You’re a company. And as such you’re entitled to take on multiple clients at your own discussion.

As far as company A and how they’ve treated you thus far, it’s likely too late to really rework the situation now that you’re engaged. At least not without it getting messy. But now you know their deal. Don’t work with them again if you feel they don’t treat you well. Or at least play hardball on your next contract negotiation with them. Good luck!

likesmart

*Discretion

Thanks for this ECD - I was a little thrown when producer asked me if I was challenging.. I’ve only experienced this working with production companies and holding directors and DP’s… but never as a freelancer creative. From my pov, a hold without being able to commit to a normal schedule is also a bit of a red flag - and booking freelancers day by day (vs week blocks at a time) is just SO odd to me in all my years.

Thanks for the positive reinforcement to go with the co that’s paying full rate and time.

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