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Agreement to Produce Motion Picture

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Agreement to Produce Motion Picture

Agreement made on the between

of , referred to herein as Producer, and

, a corporation organized and existing under the laws of the state of , with its principal office located at

, referred to herein as Client.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Production of Film

A. Description of Film. Producer shall produce for Client, pursuant to the terms and conditions of this Agreement, a

(the Production).

B. Length and Type of Film. The Production shall be photographed with , film, and shall be approximately minutes in final edited length.

C. Script. The script for the Production shall be supplied by Client and shall be completed not later than

D. Technical Details. Producer shall conform to technical advice furnished by Client from time to time and shall consult with Client on matters pertaining to technical information contained in the script or otherwise necessary for the Production.

E. Control of Production. Producer shall at all times have complete charge of the preparation, filming, and developing of the Production.

F. Ownership of Copyright. The entire right, title, and interest in the Production and in the copyright in the Production when completed shall, subject to other provisions of this Agreement, remain in Client, and Client shall be entitled to assign the copyright with all its rights and obligations under and pursuant to this Agreement.

2. Producer’s Compensation

A. Amount and Terms of Payment. Client shall pay Producer, and Producer shall accept for all of its services under and pursuant to this Agreement, , payable as follows:

1. on execution of this Agreement;

2. on completion of principal photography of the Production; and

3. the balance on delivery of the Production.

B. Changes and Revisions. The above sum is based on the script as originally supplied and approved by Client. If changes or revisions of any kind are subsequently made at Client's request, then Producer shall be entitled to additional payment, the amount of which shall be mutually agreed upon between Producer and Client, in writing, prior to proceeding with such changes or revisions.

C. Producer's Lien. Producer shall have a lien on the negative of the Production and its duplicates until the above sums and all further indebtedness pertaining to any and all work performed by Producer in connection with such negative, including prints from such negative, for Client's account, have been paid in full.

3. Completion and Delivery of Production

A. Completion Date. Subject to the contingencies referred to in Paragraph C of this Section, Producer shall deliver the completed Production to Client on or before

B. Storage of Negative. The Production shall be deemed completed when Producer delivers to Client one composite print of the film. The negative of the Production shall be retained by Producer at all times in its vault. Client shall carry such insurance on such negative as it may desire. Producer shall be under no obligation to insure the negative, and shall hold the same at Client's risk.

C. Postponement of Delivery. If Producer is materially delayed in the preparation, Production, or completion of the Production by reason of fire, casualty, lockout, strike, labor conditions, unavoidable accident, riot, war, act of God, or by the enactment of any municipal, state, or federal ordinance or law, or any other legally constituted authority, or any other cause of similar kind or character, the occurrence of any such event shall excuse Producer's failure to deliver the Production on the above-stated date. Producer shall, however, complete and deliver such Production as expeditiously as possible after the cessation of any such event.

D. Liquidated Damages. Subject to the provisions of Paragraph C of this Section, for each day the Production contemplated in this Agreement shall remain uncompleted beyond the time set for its completion, Producer shall pay to Client , as liquidated damages. Such sum may be deducted by Client from money due or to become due to Producer as compensation under this Agreement.

E. Additional Prints. After the Production is completed, if Client desires additional prints, Client shall order the same from Producer, and Producer shall furnish such prints to Client in a quality substantially equal to that furnished by Producer at the time of delivery of the Production, at Producer's then usual per foot charge for similar prints.

4. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

5. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

6. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

7. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

8. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

9. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

10. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

11. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

12. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

13. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

14. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.

By:

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What an Agreement to Produce Motion Picture Is

An Agreement to Produce Motion Picture is a written contract that sets out the rights, responsibilities, budget, schedule, deliverables, and ownership for producing a film or motion picture project. It allocates production tasks, payment terms, credit and credit placement, intellectual property assignments, insurance and indemnity obligations, and termination procedures to reduce ambiguity during development, principal photography, and post-production. In the United States these agreements are routinely used by independent producers, production companies, studios, and financiers to document commercial terms and to establish chain of title for distribution and licensing.

Why this agreement matters for film projects

A clear Agreement to Produce Motion Picture protects parties by defining scope, payment, and ownership; it reduces disputes over deliverables, music and rights clearance, and credit; and it supports financing, distribution, and exploitation by documenting chain of title and obligations.

Why this agreement matters for film projects

Who typically prepares and signs production agreements

These agreements are used by creators and commercial partners involved in making a film, from pre-production through delivery.

  • Independent producers and line producers who manage budgets, hiring, and schedules for a project.
  • Production companies and studios contracting talent, crew, vendors, and post-production houses.
  • Financiers, distributors, or executive producers providing funding and receiving rights or revenue participation.

Core sections to include in a professional production agreement

A comprehensive Agreement to Produce Motion Picture typically contains contractual sections that allocate production duties, financial terms, rights, and protections across the production lifecycle.

Parties and Recitals

Identify each contracting entity, state the production title, and include recitals that explain the project's purpose and background facts relevant to obligations and rights.

Scope of Services

Describe production services, deliverables, milestones, shooting schedule, and technical specifications for picture and sound to avoid later disputes about performance.

Compensation and Budget

Specify fees, payment schedule, cost reporting, approved budget line items, completion bond requirements, and how overruns or cost savings are handled.

Rights and Ownership

Allocate copyright, underlying material rights, worldwide distribution rights, and any assignment or license language that transfers or licenses exploitation rights.

Warranties and Indemnities

Require representations about authority to grant rights, clearance of third-party materials, insurance coverage, and indemnification for claims arising from breaches.

Termination and Delivery

Define default events, cure periods, delivery requirements for final masters and documentation, and remedies including damages, termination fees, or assignment of deliverables.

Step-by-step: completing the Agreement to Produce Motion Picture

Follow a consistent sequence to reduce omissions and speed review.

  • 01
    Gather documents: Collect script rights, option agreements, and financing term sheets.
  • 02
    Fill party details: Enter legal names, addresses, and tax IDs.
  • 03
    Define deliverables: Set milestones, technical specs, and delivery formats.
  • 04
    Sign and circulate: Obtain authorized signatures and distribute executed copies.

How to set up the online production agreement workflow

Configure the digital workflow to match signing order, authentication, and document attachments for efficient approvals.

Field Configuration
Signing Order Sequential or parallel signer order
Authentication Method Email link, SMS code, or KBA
Reminders and Expiry Automatic reminders and link expiration
Attachments Append exhibits, budgets, and releases

Digital signing and technical compatibility

Verify platform capabilities, supported file formats, and integrations before e-signing or circulating production agreements.

  • File formats: PDF and DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: SMS, email, or advanced KBA

Ensure the chosen eSignature provider supports audit trails, document retention, and any industry compliance such as HIPAA when applicable.

Where to send and how routing works

Typical routing moves the agreement from drafter to legal review, then to signers in the agreed order, ending with distribution of executed copies.

  • Upload document: Add the agreement and exhibits to the platform.
  • Place fields: Insert signature, date, and initial fields.
  • Invite signers: Send signing links or secure emails.
  • Finalize: Capture audit trail and deliver executed PDF.

Key timing points and delivery expectations

Set and track contractual dates to avoid disputes and to ensure timely insurance, delivery, and payment performance.

Effective Date:

Date parties sign or a mutually agreed MM/DD/YYYY effective date.

Production Start:

Scheduled first day of principal photography or commencement milestone.

Delivery Milestones:

Dates for rough cut, fine cut, and final masters.

Payment Deadlines:

Deposit, progress payments, and final delivery payment dates.

Insurance Certificates:

Proof of insurance required before principal photography.

Milestones from negotiation to final delivery

Track these sequential milestones to monitor contractual progress and prerequisite tasks.

01

Negotiation and Drafting

Agree commercial terms and circulate the initial draft for review.

02

Legal Review and Clearance

Resolve IP clearances, credits, and insurance prior to execution.

03

Execution and Funding

Signatures captured and initial funds released per agreement.

04

Delivery and Acceptance

Submit final deliverables and obtain formal acceptance or cure process.

Common mistakes to avoid when preparing the agreement

  • Leaving the scope vague or open-ended, which leads to disagreements about what must be delivered and when.
  • Failing to secure chain-of-title documentation and rights for all underlying material such as scripts and music.
  • Omitting clear payment triggers and remedies for late payment, causing funding or payroll disruptions.
  • Not requiring insurance certificates, completion bonds, or indemnities that protect against third-party claims.

Penalties and legal risks of an incomplete or incorrect agreement

Breach Damages: Monetary damages and potential injunctions
IP Ownership Disputes: Loss of exploitation rights or costly litigation
Payment Withholding: Delayed completion if funds are withheld
Insurance Exposure: Claims rejected for missing coverage
Tax Consequences: Improper reporting or backup withholding
Invalid Execution: Noncompliant signatures may affect enforceability

Security and compliance items to check for electronic execution

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encryption
Audit Trail: Tamper-evident signing history
Certifications: SOC 2 Type II available
HIPAA: BAA required for PHI handling
Legal Compliance: ESIGN and UETA compatibility

Comparing eSignature platforms for executing production agreements

Platform choice affects authentication, bulk send, HIPAA support, and cost; the table below summarizes common plan features with signNow listed first.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Free trial available Free trial available Free trial available Free trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of how these agreements are used

These brief scenarios show typical uses of an Agreement to Produce Motion Picture in common production contexts.

Independent Producer

A producer secures option and production funding for an indie film

  • Producer ties financing tranches to delivery milestones
  • The executed agreement preserved chain of title and satisfied distributor due diligence, enabling a timely festival submission and licensing negotiations.

Studio Financing

A studio funds a mid-budget feature with completion bond requirements

  • Lender requires detailed budget and draws schedule
  • The agreement documented rights assignment, credit, and territory splits, enabling the studio to finalize distribution and ancillary licensing deals.

Who typically has signing authority

Producer — Executive

An executive producer or authorized signatory for the producing entity signs on behalf of the production company. Confirm corporate authority via board resolution or delegation to avoid challenges to enforceability.

Financier / Distributor

A financing entity or distributor's authorized officer signs financing or license schedules. Ensure signatory title and identity are clearly printed and documented for banking and accounting.

Practical tips for accurate and efficient completion

Adopt consistent practices to reduce revisions and legal review time while preserving enforceability and clearance readiness.

Use a single authoritative draft
Keep one master document and track changes to avoid conflicting versions; designate a single drafter to consolidate edits and comments before circulation.
Attach exhibits and schedules
Include budgets, shooting schedules, rights lists, and releases as numbered exhibits so the agreement references and binds the precise materials intended.
Confirm signatory authority
Obtain corporate resolutions or power of attorney for entities, and verify identity for individuals before executing or delivering originals.
Preserve audit trails
When e-signing, retain the platform's audit trail, final PDF, and any identity verification records to support enforceability and due diligence.

Frequently asked questions about production agreements

Answers to common legal and practical questions when preparing or executing an Agreement to Produce Motion Picture.


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