Essential Contracts For Indie Film

 
 

You've hired your cast and crew and you're ready to shoot, but have you really hired them or do you just have a verbal agreement? Well, having a contract like a deal memo in place can help make things official as well as protect you and the crew you hire. So let's go over a few common contracts so you can really seal the deal.

First let me say you should always have contracts, even if you're working with friends and here's why. Most of the time conflicts happen because different parties had different expectations. Contracts set clear expectations so that everyone can be on the same page and have a document they can reference in the future should a conflict arise. I've personally found that anytime I've had a contract in place, the actual project go smoothly. While the times I didn't have contracts in place, they tended to end up in conflict. So by having contracts, you're ensuring a smoother shoot, and you're protecting both your production and your cast and crew members.

Now there's lots of contracts involved in filmmaking, but since we're indie filmmakers here, let's go over two of the most common types of contracts you'll want to use. First, are deal memos, and these are contracts used when hiring crew members. Now union crew members might have their own deal memos, but if not, as the production company you'll want to provide your own, you'll want to make sure your deal memo outlines all the details about your agreement with the crew member, including compensation, payment, services rendered, purchases and kit fees, screen credit, and most importantly of all that they agree that the production and or production company is the owner of the copyright for all work, services, and materials they create for the film.

Since deal memos are essentially legal documents, you'll want to make sure it covers you for things like attribution and obligation as well. So it's always a good idea to have an entertainment lawyer, take a look at your deal memo to make sure it's tip top in the eyes of the law. However, if you don't have a bunch of cash just lying around, then I recommend downloading a free deal memo template from studiobinder.com.

Second on the contract front is personal releases. Personal releases are contracts you have your talent sign that basically give you the right to use their image, voice, and likeness in your film. Without it, you can get into some serious trouble down the line. So make sure you have all of your talent, including background actors, sign one before any filming begins.

You'll want to make sure your personal release includes details about your production, gives the production company and or the producer the right to use the talent likeness and image, as well as details about the talent. Note however, that personal releases for minors may differ in some ways, such as needing to include a section for their legal guardian to sign. Also note that if you're shooting behind the scenes, stills or footage of the crew as well, you'll also want to make sure that you have the crew members sign a personal release. I recommend downloading a free personal release template from studiobinder.com.

And one more pro tip for you. Make sure you bring extra copies of both of these contracts with you to set in your production binder in case you need them. So now that you know about deal memos and personal releases, you'll help ensure a smoother shoot and protect you and your personnel.

Contract Templates:

➜ Personal Release: https://tinyurl.com/PersonalRelease

➜ Deal Memo: https://tinyurl.com/DealMemo

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