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Deal Point Checklist:

Co-Production Agreement (Television Series)

    Production Arrangements
    • Funding as Pre-Condition
    • Approvals
      • Editorial
      • Business
        • format
        • content
        • treatment
        • scripts
        • key creative personnel
          • producers
          • actors
          • writers
          • directors
        • cuts
          • rough
          • fine
          • completed programs
        • production plan
        • schedule
        • budget
        • funding proposals
        • sponsors
        • distribution and ancillary exploitation plans
    Pre-Production Activities
    • how broad?
      • include Pilot?
    • how funded?
    Production Financing
    • who shall provide funds?
    • what fundraising efforts made?
    • who administers budget and funds?
    • audit rights?
    • trust factor?
    • as per budget?
    Furnishing of Key Personnel
    • who provides Executive Producer
    • who provides Producer
    Budget
    • attached to agreement and mutually approved prior to execution
    • variations to budget
      • consents and approvals
      • who controls
    • drawdown schedule to be mutually approved prior to execution
    Administrative Duties
    • in accordance with budget and production plan
    • who administers
    • who receives funds
    • who hires non-essential personnel
    • who provides office facilities
    • who executes agreements with third parties
      • production agreements
      • financing agreements
      • broadcast agreements
      • distribution agreements
    • who prepares financial reports
    • who is responsible for insurance
      • workers compensation
      • liability
      • medical
    • who is responsible for tax payments
      • withholding
      • Social Security
      • other Federal, State and Local
    Distribution
    • who arranges
    • approvals
    • which markets
    • which ancillaries
    Term of Agreement
    • terminate unless funds obtained
    • Step Deal
      • continues if part of budget raised
      • ends if next level not raised
    • who retains or obtains rights if funds not raised
    Ownership
    • percentages of ownership of each party?
    • who had original concept and idea?
    • license of idea and joint ownership of final product?
    Credits
    • who approves
    • individual/joint
    • first position
    • presentation credits
    • "created by"
    • "story by"
    • "teleplay by" (if written by one of the parties)
    Additional Fees
    • creator
    • executive producer
    • producer
    • story by/created by
    Profits
    • percentages of each party
    • how long
    • definition of net profits
    Accountings
    • which party responsible
    • how often
    • bank accounts
      • interest bearing
      • joint
      • how many signatures required
    • audit rights of other party
    Which State Law to Apply
    • arbitration for disputes?
    Addresses for notices
    • include courtesy copy to attorney
    Out-of Pocket Expenses
    • Recouped from financing
    • Recouped from net profits
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