Indie Filmmakers need to have a creative vision for their films. But as you’ve probably found out, they also have to wear a lot of hats. One main “hat” that indie filmmakers have to wear, especially on a tight budget, is contract negotiator. 

This is Part 2 of the type of industry contracts and their general terms. If you missed Part 1 you can check it out here. This way, you’ll know what type of contract you’ll need for the type of work that you are looking to hire for (or be hired for). 

5 More Essential Contracts for Indie Filmmakers:

Distribution Agreement

You’ve gone through all of the hard work of producing your film and it’s all wrapped up and ready to go. Now how do you get it out to audiences? That’s where a distributor comes in. A distributor will license your film and distribute it to audiences. A distribution agreement defines the terms under which your film will be distributed, including the distribution channels, revenue sharing, marketing efforts, and territories where the film will be available.

Writer Agreement

If you are hiring a writer to write an original screenplay or for rewrites, a Writer’s Agreement is crucial. The Writer’s Agreement will set out all of the terms of the contract in writing, including who owns the screenplay, copyrights, the amount to be paid, timelines for completion of work, and screen credit. 

Release Forms

Release forms come into play with all aspects of your film. Every set, every prop, every sign, every piece of artwork, every product, every actor needs to be “cleared” for a distributor to be willing to legally clear your film and license it for distribution. Release forms grant you the right by the owner to use a likeness or materials in your film. 

Producer Agreement

It takes a village to make a film and you will likely be hiring producers in different capacities to work on your project. There are a vast array of producers who can be attached including Executive Producer, Lead Producer, Co-Producer, and Associate Producer. Regardless of the title, you need to make sure that the agreement is in writing and the terms are clear. A Producer Agreement will outline the terms of the relationship including the services to be provided, the type and amount of compensation (i.e. contingent, back-end, flat-fee) timelines, and responsibilities. 

Investor Agreement

Unless someone is giving you money for your film as a gift or a loan, you’ll need to have an investor agreement in place or you could run into problems with the SEC. Investor agreements can take many forms and it depends on the type of investments that you are seeking, whether you are registering them with the SEC, if you qualify for exemptions, etc. These agreements will often include other corporate documents like Articles of Organization, Operating Agreement, PPM, etc. 

Unless your budget includes money for an entertainment attorney to work as production counsel (and if it can, it should!) then you’ll likely be negotiating contracts on your own. If you are the one offering jobs to crew, cast, etc. then you will be expected to draft the contracts for them to sign. If you are being offered jobs, then the employer will likely be the one drafting the contract and offering it to you to sign.

The more knowledge you have about film industry contracts and do and don’ts, the stronger position you’ll be in when negotiating your own contracts. Download my free Checklist for Negotiating Option Agreements to get a bird-eye view of a lawyer’s perspective on what to look out for in an industry contract.