This Deal Point Checklist is designed to highlight areas of importance when entering into a Producer’s Representative 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-Representative-Agreement.docx
) and use this checklist when negotiating a Producer’s Representative 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.
- 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.
- flat fee retainer (against amounts received)
- Expenses
- which party to pay for promotional and marketing expenses
- Costs and Expenses Incurred by Rep
- 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 screeners (unless service such as Vimeo is used)
- 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
- end crawl
- 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 Rep receives revenue, should it be placed in a segregated account?
- joint account with Producer
- if attorney, place in clients trust account
- require distributor to cut separate checks?
- Rep?
- Audit Rights of Producer
- Rep to keep records for two years
- inspection during business hours on reasonable notice