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Deal Point Checklists:

Producer's Representative Agreement

  • Term
    • one year (standard)
    • extension if Rep is negotiating toward end of Term
    • 90 days (standard)
  • Termination
    • automatic extension for one year unless Producer notifies (or)
    • automatic termination at end of term without notification
  • Exclusivity
    • no other Reps can be used
    • Producer will not make its own deals
    • Producer may cooperate in finding deals with Rep
      • Rep gets fee regardless of whether Rep or Producer finds the distributor
      • consultation with Rep on deals found by Producer
  • Services
    • develop presentation plan
    • create package/kit
    • market the film
      • screenings
      • festivals
      • markets
    • negotiate the deal
      • if Rep is attorney, Rep negotiates the deal
      • if Rep is not an attorney, documents negotiated by attorney
    • monitor delivery of the film
    • Producer to have final approval of deals
    • Rep may have other clients
      • but not render services if they would interfere with representation of Producer
  • Fees
    • flat fee retainer (against amounts received)
      • all at once
      • payment plan (monthly?)
    • commission/percentage
      • percentage of gross amounts received by Producer
      • 10% standard on features
      • higher amounts for shorts, specialties, documentaries, etc.
  • Expenses
    • which party to pay for promotional and marketing expenses
    • Costs and Expenses Incurred by Rep
      • long distance phone
      • messengers/couriers
      • postage
      • photocopy
      • faxes
      • festival entrance fees
        • should be pro-rated among all films Rep is "taking" to the festival or market
      • screening room rentals
      • shipping of prints and tapes (screeners)
    • no charges for overhead
    • caps on amounts to spend without prior consent of Producer
      • $200.00?
    • periodic billing statements for expenses
      • back up receipts, etc. also required
  • Credit
    • end crawl
    • "Producer Rep: ____________"
    • credit only if film is not "locked" at time of hiring of Rep
  • Continuing Commission
    • if Rep introduces Producer or submits film to distributor during Term, but Producer makes deal with distributor after the Term
      • pro rate commission?
      • end date
        • one year from date of termination (standard)
  • Who Receives Revenue
    • Rep?
      • if so, segregated account
      • joint account with Producer
      • if attorney, place in clients trust account
    • require distributor to cut separate checks?
  • Audit Rights of Producer
    • Rep to keep records for two years
    • inspection during business hours on reasonable notice
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