Deal Point Checklists:

Producer Agreement

• Development and Pre-Production
  • Services
    • Inputs
      • Cast
      • Budgets
    • Availability
      • Pitch Meetings
      • Production Meetings
      • In person or by phone
    • Exclusive or Non-Exclusive during this period
    • If Non-Exclusive, first call basis?
  • Cannot incur expenses without Production Company approvals
• Start Date
• Production
  • Non-Exclusive, but first priority until 4 weeks prior to Principal Photography
  • Exclusive 4 weeks prior to and through Principal Photography
• Post Production
  • Exclusive? Or
  • Non-Exclusive, but first priority? Or
  • Non-Exclusive
• Compensation
  • Fixed Fee (Suggested Breakdown)
    • 5% upon commencement of development
    • 5% upon commencement of pre-production
    • 10% upon completion of pre-production
    • 60% payable weekly upon commencement of principal photography through end of principal photography
    • 10% upon completion of scoring
    • 10% upon delivery of all items for complete picture (mated or final corrected answer print)
  • Contingent/Participation
    • gross or net?
    • how is net defined?
• Transportation and Expenses
  • Plane Fare
    • First class or coach
    • How many tickets
  • Automobile
    • type and style
    • driver?
  • Lodging
    • type of lodging
  • Per Diems
• Credits
  • Before or after title
  • Size of type
  • First or second position (if more than one Producer)
  • Name Producer and his Production Company?
  • Paid ads also?
• Approvals
  • Who has final say
  • If Producer does not have final say, does Producer have meaningful input rights?
    • items requiring approval or input
      • key creative personnel
      • budget
      • shooting schedule
      • post production schedule
      • all other matters (usually reserved to Production Company)
• Delivery
  • How long after completion of principal photography?
  • Final Corrected Answer Print and all other items
• Cutting Rights (if any)
  • usually retained by Production Company, subject to Director's deal
• Other Consultation Rights
  • Initial U.S. advertising campaign
  • Distribution patterns
• Sequels and Remakes
  • Does Producer retain this right?
  • Conditions
    • How long between original and sequel/remake
    • Producer had credit on original
    • Producer has produced a movie within 2 years of sequel/remake
    • Right of first negotiation/refusal for Producer
    • Budget must be equal to or greater in sequel/remake as original
    • Apply to theatrical or t.v. sequel or remake