Executive Producer Agreement Sample

Perhaps the most important clause in a filming contract is one that exempts owners from any damage resulting from the use of the premises for filming and that continues to protect owners from the delicate commitments that can result from filming recordings. In addition, producers usually insert a disclaimer into the location agreement that any depiction of the location is fictitious and that such a filmography does not necessarily reflect the actual location. The basic agreement required for an LLC is called a company agreement that sets out the rules governing LLCs and is analogous to a “shareholders` agreement” for a company. The corporate agreement must address key issues such as management control, the scope of LLC`s activities, the personal role of filmmakers and their fees, as well as the role and obligations of investors and the priority and attribution of the return on their investment. While many people don`t like to discuss dissolving a business at the time of their creation, the company agreement should still address what needs to be added in the event of the dissolution of the LLC or when new members need to be added due to death, obstruction, or budget deficit. The investor, meanwhile, will try to negotiate to protect his investment and allow continuity in case new teams or creative members have to be called for the good of the project. The filmmakers` lawyers would try to design the deal to ensure that their clients retain creative control at least during the early stages of production and distribution. The company agreement should also include the obligations of the investor, for example. B when and how his money is available to filmmakers. Typically, these agreements require that the investor`s funds be released to the filmmaker if there is enough money to make “reasonable progress,” as defined in the company agreement.

Remember that the best way to avoid any misunderstandings is to clarify the expectations of all parties and write them down along with the contingency plans. However, these agreements can and often are limited only to certain rights and may exclude others. The rights of the writer usually depend on the bargaining power of the writer and the wishes of those who buy the property. Rights purchase agreements are the broadest form of purchase of real estate by a writer or other owner. They can be used to buy everything from a movie script to a book to a short story, and can be adapted for a variety of purposes. Like a contract for the purchase of rights, it is a contract for the purchase of life rights. If a producer intends to create a biography of a person`s life, he can acquire that person`s collaboration with what is called a right-of-life agreement. These rights can also be acquired by someone who is familiar with the subject. This is what is most often used when the subject has died. In this case, the rights of life may be acquired by the heirs of the subject or of another immediate family who inherited these rights after the death of the subject. While the history rights of some deceased people can be considered “public,” especially when people have not made use of their right to publish during their lifetime, a “bio-image” may occur without the verified history of a real person. Among these dangers is the defamation claim by the estate of the deceased person and/or the criminal prosecution for criminal defamation against a deceased person in some jurisdictions.

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