This is an agreement between a director and a producer for the production, creation,
and development of a motion picture movie. This agreement contains both standard
clauses as well as opportunities for customization to ensure that the understandings of
the parties are properly set forth. Customizable clauses include final approval rights,
termination, insurance, producing services and technical specifications, budget,
distribution schedule of proceeds, and payment schedule. This agreement should be
entered into between producers, directors, or production companies to specify the terms
of an agreement for the development of a motion picture.
PRODUCTION AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of _______________,
20___, by and between, _______________, (“Director”) located at
_________________________, and _______________________________ (the
“Producer”), located at ______________________________.
WITNESSETH
Whereas, Director is engaged in the business of writing and directing motion pictures and
has written the storyline of a motion picture project currently entitled _______________
(the “Picture”) and desires to direct the same;
Whereas, the Producer is an independent producer, who produces and works in the
production, as Producer, of ___________________________, and is interested in
working for Director, to produce the Picture under Producer’s brand and banner and
distribute the same.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants herein
contained and intending to be legally bound, Director and Producer (each, a “Party” and
collectively, the “Parties”) hereby agree as follows:
1. Co-Operation.
Both Parties hereby agree to join their efforts and direct, produce and distribute copies of
the Picture under the banner of ___________________ (“Banner”) of Producer. Client
shall provide Producer with a preapproved script in a format standard to the production
industry prior to the start of production. Client acknowledges and agrees that any changes
made to the script by Client after this Agreement has been executed may result in a
variation in the final production costs.
2. Production
A. Producing Services. Producer shall personally render all services customarily
rendered by producers on a motion picture in connection with the development
pre-production, production, and post-production of the Picture, including, but not
limited to, arranging for all services, personnel, equipment and facilities necessary
for the production of the Picture, more particularly described in the Schedule 1.
Both parties agree that the Producer shall be the sole “Producer” of the Picture.
Notwithstanding the foregoing, “Executive Producers,” “Co-Producers,” and
“Associate Producers” may be engaged in connection with the Picture upon the
mutual consent of the Parties.
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B. Festival Distribution. Producer agrees to use reasonable efforts to distribute the
Picture in film festivals and/or commercial distribution worldwide. All actual out-
of-pocket expenses incurred in connection with festival distribution (including,
without limitation, video tapes, festival entry fees, and promotional materials)
shall be borne equally by the Parties and reimbursed in first position from any
proceeds collected from exploitation of the film.
C. Technical Specification. The productions done by the Producer as per this
Agreement will be done and delivered to Director according to Schedule 1
"Technical Specification" to this Agreement.
D. Production Budget. The production budget (“Budget”) shall be sent to the
Director within ________________ [fifteen (15)] days after the signing of this
Agreement. The Budget shall be in the format attached to this Agreement in the
form of Schedule 2. This Budget may be amended in situations of unexpected
overh