Location Agreement

This Deal Point Checklist is designed to highlight areas of importance when entering into a Location Agreement. Attorney Michael Norman Saleman offers these Deal Point Checklists as a courtesy to users of this website. Contact Mr. Saleman if you need help with any of your project’s legal documentation.

Download (Location-Agreement.docxLocation Agreement | Deal Points Checklist | MovieLaw.net) and use this checklist when negotiating a Location Agreement
to assist you in reaching an agreement on major deal points. Return this Word document with the details to facilitate the drafting of your agreements.

  • Use of the Property
    • Interior
    • Exterior
    • Which structures
    • Which portions
  • Term
    • Length of use
    • Extension rights
    • Scheduling conflicts with later users
  • Condition of Property
    • Placement of equipment
    • Removal
    • Leave property in original condition (reasonable wear-and-tear excepted)
    • Repairs
    • Removal of fixtures
    • Temporary modifications
    • Consent to additional alterations during use
  • Indemnity/Insurance
    • Damage or injury to persons and personal property
    • The property itself
    • Amount ($1-$5 million)
    • Owner named as additional insured
  • Grant of Rights
    • Use of film/photos
    • Waiver of privacy, publicity and similar rights
  • Payment
    • Preparation Days
    • Photography (Shoot) Days
    • Strike/Clean up Days
    • Payment Plan
      • upon execution, and
      • start of photography and
      • end of use upon signing a release
    • Additional Days
      • same rates as payment plan
      • payment in advance, based upon estimate of days of use
    • No charge for restoration days
      • limit on free days
      • penalty for delay in restoration
          • daily rate same as for strike day
  • Election of Studio not to Proceed
    • payments for use
    • restoration
  • Property Owner’s Right to Injunction
    • only if acts of filmmaker could cause permanent damage
    • otherwise, limited to damages
  • Modifications
    • list all on Rider
      • permanent
      • temporary
  • Other Matters
    • Billing Credit for Landowner
    • Landowner’s site representative allowed on set
    • Restrictions on where users can go and not go on property
    • Escrow deposit to cover damages not covered by insurance
      • amount?
    • Moving of personal property and storage
  • Guarantee
    • if filmmaker is not a studio, but a studio is behind the production, obtain a guarantee from the studio