The document is to be used where a production company is creating a film for the client and grants the client a non-exclusive Licence only of the final Deliverables. The Agreement for film production services, comprises the Engagement Letter, the Statement of Work set out in Schedule 1 (incorporating the Project Brief and the Project Plan) and the Standard Terms of Engagement set out in Schedule 2. This agreement can be adapted easily for an exclusive or sole licence. Alternatively, if you need an assignment as opposed to a licence, you can opt to purchase the following instead: Film Production Services & Assignment.
Film Production Services & Licence (B2B)
You should consider the following:
- Is the client paying for the Deliverables?
- Details of the production – what is the film called (if the title is a working title it should nevertheless be stated in this agreement)? How long is it to run for?
- The project plan – What is to be done at stage? How long is each stage to take, what date will each stage start and finish?
- Will payment be payable in instalments? When? What amounts? VAT included?
- Will the parties each appoint a Project Manager to oversee the Project?
- If the film company encounters additional third party costs in the course of the work on the project (these are called disbursements) – how are these to be paid, will the client company have to pay an additional percentage (called an uplift) on top of the disbursement amount?
- Will the Client have sole responsibility in respect of the selection of people who are to contribute to the film? This document assumes this and can be amended. You may have need of one or both of the following documents:
- Will the parties use the Change Control procedure to manage any Changes to the Project e.g. scope, additional fees?
- Can the client terminate the Project before completion? If yes, how much notice is required? What shall remain payable to the Company in the event of early termination?
- In what other circumstances might a party be able to terminate early e.g. for a material breach? Insolvency?
- Will the Client be responsible for ensuring that the materials it provides to the Company which may form part of the final Deliverables are accurate and authorised i.e. it has all relevant permissions/ consents in place?
- Who chooses the Production Base? Will they be responsible for preparing it?
- Should the Company impose any non-compete/ non-solicit type provisions?
- What format would the parties like the final Deliverables to be in?
- Are there any rules and regulations at places where the Project is shot/recorded/edited?
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