This Deal Point Checklist is designed to highlight areas of importance when entering into a Producer 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 (Producer-Agreement.docx) and use this checklist when negotiating a Producer 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.
- Development and Pre-Production
- Services
- Inputs
- Cast
- Budgets
- Availability
- Pitch Meetings
- Production Meetings
- In person or by phone
- Inputs
- Exclusive or Non-Exclusive during this period
- If Non-Exclusive, first call basis?
- Cannot incur expenses without Production Company approvals
- Services
- 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?
- Fixed Fee (Suggested Breakdown)
- Transportation and Expenses
- Plane Fare
- First class or coach
- How many tickets
- Automobile
- type and style
- driver?
- Lodging
- type of lodging
- Per Diems
- Plane Fare
- 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)
- items requiring approval or input
- 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 the right to be hired for sequels/remakes?
- 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