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Deal Point Checklists:

Producer Agreement

  • Development and Pre-Production
    • Services
      • Inputs
        • Cast
        • Budgets
      • Availability
        • Pitch Meetings
        • Production Meetings
        • In person or by phone
      • Exclusive or Non-Exclusive during this period
      • If Non-Exclusive, first call basis?
    • Cannot incur expenses without Production Company approvals
  • Start Date
  • Production
    • Non-Exclusive, but first priority until 4 weeks prior to Principal Photography
    • Exclusive 4 weeks prior to and through Principal Photography
  • Post Production
    • Exclusive? Or
    • Non-Exclusive, but first priority? Or
    • Non-Exclusive
  • Compensation
    • Fixed Fee (Suggested Breakdown)
      • 5% upon commencement of development
      • 5% upon commencement of pre-production
      • 10% upon completion of pre-production
      • 60% payable weekly upon commencement of principal photography through end of principal photography
      • 10% upon completion of scoring
      • 10% upon delivery of all items for complete picture (mated or final corrected answer print)
    • Contingent/Participation
      • gross or net?
      • how is net defined?
  • Transportation and Expenses
    • Plane Fare
      • First class or coach
      • How many tickets
    • Automobile
      • type and style
      • driver?
    • Lodging
      • type of lodging
    • Per Diems
  • Credits
    • Before or after title
    • Size of type
    • First or second position (if more than one Producer)
    • Name Producer and his Production Company?
    • Paid ads also?
  • Approvals
    • Who has final say
    • If Producer does not have final say, does Producer have meaningful input rights?
      • items requiring approval or input
        • key creative personnel
        • budget
        • shooting schedule
        • post production schedule
        • all other matters (usually reserved to Production Company)
  • Delivery
    • How long after completion of principal photography?
    • Final Corrected Answer Print and all other items
  • Cutting Rights (if any)
    • usually retained by Production Company, subject to Director's deal
  • Other Consultation Rights
    • Initial U.S. advertising campaign
    • Distribution patterns
  • Sequels and Remakes
    • Does Producer retain this right?
    • Conditions
      • How long between original and sequel/remake
      • Producer had credit on original
      • Producer has produced a movie within 2 years of sequel/remake
      • Right of first negotiation/refusal for Producer
      • Budget must be equal to or greater in sequel/remake as original
      • Apply to theatrical or t.v. sequel or remake
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