Film production contracts typically don’t cover pre or post-production, which means the details of the project have likely already been determined by the time this agreement is being signed. Still, the most important, identifying details of the project should be included to describe the project so that you’re covered legally should this agreement ever come in front of a court.
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
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.
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.
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.
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.
This Agreement shall not be assigned by either Party without the express written consent of the other Party.