RAIN CLAUSE – I

By | 21/09/2014

            32nd EPISODE. Year 2000. Lowe Lintas Delhi. 9th floor Mohandev Building.  Pawan and team were in a celebrating mood. After countless scripts, finally the client MARUTI approved script titled ‘BONDAGE’. The budget was decent enough for the team to think of talking to Namita Roy Ghose and Subir Chatterjee of WHITELIGHT films.

Creative was very simple and based on ESTEEM Great Drive Experience. TVC concentrated on playful sparring between the owner and the chauffer, both wanting to be on the driver’s seat.

Budget– Manageable
Production house– Whitelight shared treatment acceptable to creative and client
Location – Everyone likes OOTY- no issue
Time – OH SHIT- it is June and that’s when Ooty is completely wet.

The checklist was getting ticked off by the hour. Whitelight estimate was within the budget and the director duo was showing keen interest.  The cars were  arranged and scheduled to  reach location with enough buffer on hand. One set of car with their roof-cut to allow for the interior shoot was also arranged.  Whitelighet estimate recived and the client realising advance for a 13 day shoot. Wow everything was in place.

Whitelight was a production house with  excellent track record. There were many stories about their work style. It was said that Whitelight gave just one Director’s cut   and expected  client &  agency to approve it. No changes were entertainned. The highly creative ( at times encentric) team of Namita and Subir were  known to get into heated arguemnets ( read creative differences) on shoot. But the end result was guarrenteed to be good. Esteem TVC was in good hands

Everything was  fine till Whitelight formally asked Lintas to sign the terms and conditions printed in light green 10 point ‘Times Roman’ at the back of the estimate. There they were,  Whitelight’s  standrad  23 cleverly crafted unilateral dice loading conditions, including a huge RAIN CLAUSE quoting  damages payable for everyday lost in rains.

Picture drivein.com

Picture drivein.com

But shooting at Ooty was Whitelight  Idea. Client and agency was willing to shoot up north where rains were expected to be hitting late. Archieved data showed that in the shoot window  10th – 23rd June, Ooty can be expected to be pouring. It did not make business sense for us to sign the conditions. Creative team and other agency people tried trivalising the situations and the conditions of the contract. They said it was set of stanadrad clauses. I in consultation with Pawan decided putting some conditions from our side too. Just like Whitelight, Lintas should also attempt to safeguard client and its own interest.  A long mail / fax to Whitelight was sent.

This was something new to WHITELIGHT. No one ever dare to argue with them and definietly not with Namita. They were furious. With some 10-15 days to go, they threatened to call off  the shoot. Shoot cancellation or a change of production house was not something the agency could afford at that time.

Balki as the creative director had to step in. He set up a meeting in Mumbai between the Lintas servicing team. He promised to be there too. Pawan and I landed in Mumbai and went directly to Whitelight FAMOUS STUDIO office.  Namita and Subir were waiting and visibly annoyed. Subir tried playing logical game and placed their point of view. Pawan and I tried reorienting the discussion to share Lintas point of view. One could see that the situation was only getting worse with time.

In walked BALKI and suddenly  discussion started once again. But soon the voices started rising. Situation was heading for a dead end. I was fuming and I shouted on something. I stepped out in the small corridor and I smoked. I was no way wanting to be art of the problem and there was no point going in when no-one seemed interested in solving the issue. Pawn later joined me. We had our own take on the situation. In our words, we were not willing to be blackmailed. The client servicing mind was racing to find alternate possible solutions.

But magic did happen. Balki broke the stalemate and suddenly things are back on track. We were discussing script, props, cast and what we need to arrange for.

Rain clause remained but was softened. The client was to cover for 3 days of rain. Whitelight would take the cost if it rained for more than 3 days. After all , it was Whitelight that wanted to shoot in Ooty.  The 23 conditions remained without any change. Whitelight agreed to our simple logical conditions.  ( This rain experience would come handy later when I would do the Dhoni ZID KARO DUNIYA BADLO film for Dainik Bhaskar)

In process Whitelight added one condition. They would do the film only if ‘Sanjeev Kotnala’; the person causing the problem will be part of the whole shoot. I thought that they would vent their anger at the shoot and make my life miserable and hence was a bit hesitant to agree but Pawan Varshnai had no reason.

LEARNING– All terms are conditions are open for discussion. Negotiation happens even with the best business associate. There is always a win-win possible solution if both parties are open to suggestions.

This was my first and last film with Whitelight.  We stayed at Taj Ooty and had a . Ball. I learned a lot from them. The arguments were left behind at Mumbai. At Ooty we were just a team working to deliver a great film.

Surprisingly, other than a minor drizzle for an hour or two we had a dry patch during our shoot schedule. It would rain after pack-up. Rain clause never came into picture.

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