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. You can’t make a film without doing all of the legwork to get there - that means dotting a lot of i’s and crossing a lot of t’s to make sure all of the paperwork is done correctly.

One main “hat” that indie filmmakers have to wear, especially on a tight budget, is contract negotiator. 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.

Either way, you need to know what types of contracts exist in the film industry and their general terms. 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). 

The 5 Essential Contracts for Indie Filmmakers:

Actor/Performer Release Agreement

This is different from a Cast Deal Memo or Employment Agreement. While these terms can (and often are) a part of a Cast Hire Agreement, they can also be a part of a separate contract. These terms, whether part of a Cast Hiring Agreement or separate, are extremely important for your film. If you are using a person’s likeness, you must have their written, explicit permission. An actor/performer release agreement outlines the terms under which actors grant their consent for their performance and likeness to be used in the film. Some common terms will be what you can use their likeness for (scope of use), how much they’ll be paid for the use of their likeness, etc. 

Crew Member Agreement

Your crew members are the backbone of your production and you want to make sure that both your production and them are protected at all times. A good contract is a clear contract. The more defined every aspect of a deal is, the less chance of misunderstandings (and lawsuits). A crew member agreement sets out in writing the terms of the relationship to make sure everyone is on the same page. Some common terms in a Crew Member Agreement are: how they will be paid (payroll vs independent contractor), their responsibilities, screen credit, work for hire terms, and more. 

Location Release Agreement

You always need to get permission and a release for any location (private or public) unless you personally are the owner. Even if a location appears to be abandoned, you need to get written consent and a release from the property owner. Not only is this important for liability reasons, but also so you can use the location’s footage in your film. Common terms in a location release agreement include the location of the property, the exact rights you are being granted, a release to include the location in your film, dates of shooting, etc. 

Music Licensing Agreement

You will need appropriate licenses to use any music whatsoever in your completed film, trailers, or shorts. Don’t assume that because you have found the music on the internet and it states “royalty free” that it is ok to use. If you are displaying your film in any commercial setting (including film festivals) you need to make sure you have the appropriate commercial license rights to do so. A music licensing agreement outlines the terms for using particular music, and typically includes written terms outlining a description of the music, how it may be used, compensation, length of use permitted, etc. 

Option Agreement

If you want to purchase a spec script, sell a spec script, or get rights to a book or story that you love, an option agreement is a cheaper way to reserve the rights without outright buying the whole thing. Option Agreements can be structured in a lot of different ways and it’s important to know the terms of what you are agreeing to. Some common terms of Option Agreements are the option term, option payments, granting and reserving of rights, and screen credit. To download a free legal guide and checklist for negotiating option agreements like a lawyer, click here.

This basic understanding of a few of the essential contracts for indie filmmakers should start you on your journey to understanding and negotiating your own contracts. If you’d like to join my mailing list to receive more articles and resources, you can join here (and get a free gift!)

Best of luck in all of your filmmaking endeavors!