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.docx) 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
- list all on Rider
- 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