This is an agreement between a production company and a producer that specifies the
terms of employment for the producer in the creation of a motion picture. The
agreement contains a list of exhibits that the parties can customize to fit their specific
needs. The exhibits include the producer’s duties, the production schedule, the delivery
schedule, the approved budget and the payment schedule. This document is ideal for
production companies or producers to develop and create a motion picture.
PRODUCTION SERVICES AGREEMENT
This Production Services Agreement dated as of __________ (“Agreement”) sets forth the terms
of the agreement between _____________ (“Production Company”) with a principal address at
___________________________ and ________________ (“Producer”) with a principal address
at ________________________for the production services of Producer in connection with the
proposed theatrical motion picture currently entitled “_____________” (the “Picture”), based
upon ___________ [Instruction: specify whether the Picture is based upon concepts, life
story rights, a published book, a screenplay, or other materials] and other materials owned or
controlled by Production Company (the “Property”).
In consideration of the promises and covenants set forth in this Agreement, and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Parties agree as follows:
I. PRODUCTION OBLIGATIONS & DUTIES
1.1 Production Services. Production Company engages Producer to perform all production
services that Production Company deems necessary, desirable or appropriate in connection with
the production, completion and delivery to Production Company of the Picture, including
without limitation, those services set forth in Exhibit “A” attached hereto (“Production
Services”). Producer shall perform its obligations hereunder to the best of its ability, in a
competent and professional manner and in accordance with each and all the terms and conditions
of this Agreement. Producer’s Services shall be rendered on a non-exclusive but first priority
basis to Production Company (i.e., no outside services shall prevent Producer from meeting the
Production Schedule or the Delivery Schedule attached hereto as Exhibits “B” and “C”
respectively).
1.2 Employment Contracts. As between Production Company and Producer, Producer shall
have all responsibility as employer of all persons whose services are to be rendered in connection
with the production of the Picture and/or as the contracting party in any agreements that
Producer may enter into with any person or entity with respect to the Picture. Production
Company shall have the right to approve all key terms of employment contracts to be entered
into by Producer in connection with the Picture, which contracts shall include, without limitation
(i) results and proceeds/work-for-hire language substantially similar to the language set forth in
Article VI of this Agreement and (ii) with respect to contracts for above-the-line personnel,
name, voice, and likeness grants in a form acceptable to Production Company. No contracts or
undertakings in connection with the Picture shall be terminated, canceled, modified or rescinded
in any manner that would or might prejudice the rights of Production Company hereunder and all
of Producer’s rights under such contracts or undertakings shall be freely assignable.
1.3 Clearances. Producer shall be responsible for obtaining all clearances, releases and
permissions required in connection with the production and exhibition of the Picture. The cost of
such licenses and clearances shall be included in the final approved production budget for the
Picture attached hereto as Exhibit “D” (“Approved Budget”) and Production Company shall have
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no other responsibility for any costs associated therewith. Producer’s indemnification of
Production Company shall include any claims arising from the use of any such cleared elements.
1.4 Insurance. Producer will obtain and maintain, throughout the duration of the production
of the Picture, appropriate insurance consistent with the requirements of Production Company to
cover all customary risks in connection with the performance of Producer’s obligations
hereunder, including without limitation, standard errors and omissions (including coverage for
defamation, invasion of privacy and infringement of copyright and other intellectual property)
cast, comprehensive general and automobile liability, third party property damage and Workers’
Compensation insurance. Producer’s insurance policies shall specifically name Production
Company as an additional insured and Producer shall furnish Production Company with
certificates of insurance (along with copies of all policies for such insurance) certifying that
Production Company is an additional insured under such policies and the amount and type of
such insurance.
1.5 Delivery. Producer agrees to deliver to Produ