Location Agreements: Don’t just sign them!
Every film will have at least one location, and unless you’re lucky enough to own and control that location, as the producer, you’ll likely be faced with a location agreement for each place (whether it’s indoors or outdoors) you choose to shoot in. The agreement will usually be between the owner of the location and the producing entity that is going to use the space for their film. Given the fast paced nature of production, much of the time producers might be tempted to just sign a location agreement handed to them, but like any contract, it’s important to read through and keep a couple of points in mind! We’re noting down a few that we think about with each film, but as always, this is a non-exhaustive list, and every film and every transaction is different.
Fee - are you paying for the location? If so, make sure the fee is properly documented. Keep in mind that production schedules shift all the time, so as much flexibility you can build in here, the better. E.g., if your production schedule shifts, can you give last minute notice and not have your entire deposit of fee taken from you, but rather applied to the actual shoot day?
Insurances - almost always these will be set out. Make sure you have adequate insurance in place that covers the property or any damage that might occur to it!
Filming restrictions - are there any? And if so, make sure there’s no conflict with your script or how you intend to use/film the property.
Permission to film - If the location is not a holding location, and it’s going to appear on camera, you absolutely need to have the express right granted to you to film the location, and to include in the final version of the film as released.
Read the fine print - There are a lot of other elements to consider and of course every location agreement is different. Some are 40 pages long and others are a simple one-pager. But irrespective of length, or font size, take care with what you’re agreeing to. Are there hidden fees? Is there any interest if you don’t pay invoices on time? How long does the owner have to inspect the property and report any damage you may have caused after you’ve left? What happens if you need to shoot additional days? Can you enter provided you pay the same daily fee?
In sum, there is clearly SO much to take into account! Every film is different, every location is different, and the way in which the location will be used is going to inform what you can agree to and what you can’t.
Disclaimer: This post should not be construed as legal, commercial or financial advice and should be used for informational purposes only.