Film Production Contract Template

Film Production Contract

This production contract, hereinafter referred to as "Agreement," is entered into and made effective as of [Document.CreatedDate] by and between [Client.FirstName][Client.LastName], [Client.Company] ("Client"), and the film production company, [Producer.FirstName][Producer.LastName], [Producer.Company]("Producer"). The Producer and the Client may be referred to individually as "Party" and collectively as the "Parties."

The Producer hereby agrees to produce and deliver to the Client the production of the media project(s) specified below subject to and in accordance with all terms, conditions, and specifications set forth herein.

Project(s)

The Producer and the Client agree to the below project summary, project contract price, and the more detailed production terms herein.

*Project does/does not (select one, delete the other) include subcontracting a third-party editor or post producer.

Total project cost: $ (insert amount).

Contingency day cost (as defined herein): $ (insert amount).

Due upon signing of contract: %(insert number) $(insert amount).

Due upon approval of scripts & storyboaards: %(insert number) $(insert amount).

Due upon final completion and delivery of all media: %(insert number) $(insert amount).

The Client shall have (number) opportunities to request changes or edits prior to final completion and delivery of all media. If any such changes result in additional costs to the Producer, the Producer agrees to notify the Client of the amount before any such additional costs are incurred and the Producer shall proceed only after receiving approval in writing from the Client.

Terms and Conditions

Material Supply

The Client shall supply (state what the Client will provide e.g., scripts, storyboards, props, music, etc.). The Producer shall supply everything else required for the delivery of the stated Project(s). The Producer shall deliver the completed Project pursuant to this Agreement along with the appropriate consents, waivers, and/or releases from all persons or entities who have rendered services to the Producer in connection with the Project to the extent permissible by applicable guild or union agreements.

Ownership

Except as otherwise provided herein, the Client owns all rights, title and interest in and to the Project(s) which are the subject of this Agreement, including all copyrights therein as well as in and to all the out-takes, clips, exposed negatives, and positives. The Client grants the Producer an exclusive, worldwide, sublicensable, transferable, royalty-free license to all media clips produced during the course of the contracted work.

Independent Contractor

The Parties agree that the Producer’s status under this Agreement is that of an independent contractor and that all persons engaged by the Producer in performing its obligations shall not be deemed employees of the Client.

Producer Representations and Warranties

The Producer represents and warrants that:

• The Producer has full right to enter into this Agreement and perform its obligations hereunder and will comply with all applicable Federal, State, and Local laws, regulations and ordinances and with all applicable union agreements to which the Producer is committed.

• The Producer will use reasonable efforts to obtain all consents, licenses, and rights necessary and related to the performance, exhibition, and reproduction of the Project with respect to materials, services, and elements provided by the Producer.

Indemnification

The Parties agree to indemnify, defend, and hold each other harmless for either Parties officers, employees, agents, and/or licensees from and against any and all claims, actions, damages, liabilities, and/or expenses, arising out of the breach of any obligation, warranty or representation of either Party in this Agreement.

Tax Liability

The Client shall hold the Producer harmless from any taxes payable on production and delivery of the Project to the Client (other than sales tax arising from the Producer’s purchases of materials or supplies in connection with the production) and the payment of any such taxes shall be the responsibility of the Client.

Assignment

This Agreement shall not be assigned by either Party without the express written consent of the other Party.

Contingency Days

A contingency day is defined as a day where shooting for the Project was scheduled to take place, but that has been prevented from occurring due to circumstances beyond the control of the Producer. These circumstances may include but are not exclusively limited to:

• Weather conditions (rain, sleet, hail, fog, or any adverse condition that is not consistent with the desired shooting conditions of the Client).

• Injury, illness, or absence of elements supplied by the Client (e.g. key talent, props, etc.).

• “Force majeure” (including but not limited to, earthquake, fire, riot, flood, volcanic eruption, acts of war, labor unrest, strikes, civil authority, terrorism, and acts of God).

The Producer recognizes its obligation to minimize contingency day liabilities as best able and will apply all conventional and accepted industry cancellation practices.

Termination

This Agreement may be terminated by either party, upon notice in writing, if either Party commits a material breach of any term of this Agreement that cannot be remedied, if the other Party becomes unable to perform its duties hereunder, or if either Party considers a conflict of interest has arisen between the Parties. If the Agreement is terminated before Project completion or the specified expiration date, the Client agrees to pay for all of the Project costs up to the date of termination, and for any and all expenditures due for payment after the date of termination for commitments reasonably made and incurred by the Producer related to the rendering of Project services prior to the date of termination.

Promotional Guidelines

Unless and until notified in writing by the Client, the Producer has a revocable license to use the finished Project(s) for promotional purposes.

Dispute Resolution

If legal action occurs as a result of an unresolvable dispute, the prevailing Party shall be entitled to attorney’s fees and costs in connection with the legal proceedings.

Entire Agreement

This Agreement and any Addendum attached hereto shall constitute the entire Agreement between the Client and the Producer. If any change is desired by either Party, it must be amended hereto in writing and signed by each Party.

No Waiver

The failure of any Party to this Agreement to exercise any rights herein shall not constitute a waiver of those rights.

Enforceability

In the event that one or more of the provisions of this Agreement, in whole or in part, is deemed unenforceable by a court of competent jurisdiction, it shall not affect the enforceability of the other provisions which shall remain in full force and effect as valid and enforceable.

Governing Law

This Agreement shall be governed by the local and/or state laws of the jurisdiction where [Producer.Company] is located as stated in this Agreement.

The Parties agree to the terms and conditions set forth in this Agreement as demonstrated by their signatures as follows: