Essential Contracts For Indie Film

Knowing the essential contracts for indie film is key to making sure you and your cast and crew are legally protected, but most first indie filmmakers are intimidated by them. So let's go over some of the basic contracts you'll need and I'll even share with you where you can download templates for them.
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You've hired your cast and crew and you're ready to shoot, but have you really hired them or do you just have a verbal agreement? Well, having a contract like a deal memo in place can help make things official as well as protect you and the crew you hire. So let's go over a few common contracts so you can really seal the deal.
First let me say you should always have contracts, even if you're working with friends and here's why. Most of the time conflicts happen because different parties had different expectations. Contracts set clear expectations so that everyone can be on the same page and have a document they can reference in the future should a conflict arise. I've personally found that anytime I've had a contract in place, the actual project go smoothly. While the times I didn't have contracts in place, they tended to end up in conflict. So by having contracts, you're ensuring a smoother shoot, and you're protecting both your production and your cast and crew members.
Now there's lots of contracts involved in filmmaking, but since we're indie filmmakers here, let's go over two of the most common types of contracts you'll want to use. First, are deal memos, and these are contracts used when hiring crew members. Now union crew members might have their own deal memos, but if not, as the production company you'll want to provide your own, you'll want to make sure your deal memo outlines all the details about your agreement with the crew member, including compensation, payment, services rendered, purchases and kit fees, screen credit, and most importantly of all that they agree that the production and or production company is the owner of the copyright for all work, services, and materials they create for the film.
Since deal memos are essentially legal documents, you'll want to make sure it covers you for things like attribution and obligation as well. So it's always a good idea to have an entertainment lawyer, take a look at your deal memo to make sure it's tip top in the eyes of the law. However, if you don't have a bunch of cash just lying around, then I recommend downloading a free deal memo template from studiobinder.com.
Second on the contract front is personal releases. Personal releases are contracts you have your talent sign that basically give you the right to use their image, voice, and likeness in your film. Without it, you can get into some serious trouble down the line. So make sure you have all of your talent, including background actors, sign one before any filming begins.
You'll want to make sure your personal release includes details about your production, gives the production company and or the producer the right to use the talent likeness and image, as well as details about the talent. Note however, that personal releases for minors may differ in some ways, such as needing to include a section for their legal guardian to sign. Also note that if you're shooting behind the scenes, stills or footage of the crew as well, you'll also want to make sure that you have the crew members sign a personal release. I recommend downloading a free personal release template from studiobinder.com.
And one more pro tip for you. Make sure you bring extra copies of both of these contracts with you to set in your production binder in case you need them. So now that you know about deal memos and personal releases, you'll help ensure a smoother shoot and protect you and your personnel.
*This video contains affiliate links which give me a small commission once clicked on.
#FilmItYourself #PersonalRelease #DealMemo

[@JarredCordova]

Studio binder has been such a saving grace with there free forms and starter documents! This actually answered a few questions about a festival run for a few projects on what I was thinking I needed besides cast releases. Like always pointed and full of info! Thank you so much!

[@Film_It_Yourself]

Aww thank you! And yes they have so many great resources!

[@brycepoole7697]

Excellent tip on always using contracts, definitely felt the sting of not doing that on a couple projects before!

[@Film_It_Yourself]

Ah yeah totally! Always good to do the paperwork!

[@williamdegeest]

Stuff like this can be overlooked so easily, it's good people wanting to get into filmaking can watch this and have the links to templates and whatnot. Even though I didn't go down the path of filmaking, anytime I talk to someone who is thinking about it I always tell them about the mess that was the rights to Night of the Living Dead. All because of one seemingly little mistake. You are doing great stuff here Ash!

[@Film_It_Yourself]

OOoh! Great example!! Yes totally! Just one simple contract mistake and it can throw everything off. Thank you so much! That really means a lot. :)

[@DiatonicDetective]

Great!

[@Film_It_Yourself]

Thanks for watching!

[@iamvoicelessmusic]

Thank you so much! I noticed that the talent agreement had four documents in total. One was for adults and the other was for minors, but what were the other two? Do I need to have the actors sign the others? Also, if its an animation studio and the actors are only performing for no more than 2 hours at a time, are meals required to be provided?

[@Film_It_Yourself]

Hi! Sorry for the delay. Where are the two extra docs? It’s been a while since I made this video. You really just need them to sign a deal memo and a personal release. UNLESS they are SAG. Then you need to also do SAG paperwork. You only need to provide meals if they are SAG. If they are then you need to provide a meal break within the first 6 hours starting from their call time. SAG’s website will have a lot more details on that.

[@dcgrace320]

Great video, I was wondering if you could point me in the right direction in regards to payment contracts for actors. I have an actor that I am paying, but am not sure the proper way to draw up the contract so I can send it over to them. Thanks!

[@Film_It_Yourself]

No problem! You’d want to use a deal memo for that and specify in it exactly how much they will be paid. There’s a link to a deal memo in the description of this video. Hope that helps!

[@dcgrace320]

@@Film_It_Yourself Thank you so much, I was able to figure it out.

[@filipovekritike7423]

Great value! When you sign a contract, should you use your pseudonym (IMDB name) or you should definitely use your real name?

[@Film_It_Yourself]

Ooh great question! I’d recommend using your legal real name.

[@filipovekritike7423]

@@Film_It_Yourself Have another question. If I filmed a movie with actors and crew, and then formed LLC few months later, what should I put in contract? Write real time of work before LLC was formed or is it legally better to put in a contract that you filmed movie in a time after the LLC was formed?

[@alexj1219]

Anyone know of any contracts/deal memos used for when working with investors?

[@Film_It_Yourself]

Hey Alex sorry for the delay in responding. For investors since a lot of money could be on the line I’d recommend hiring an entertainment lawyer to draft up a contract. You definitely don’t want to get that one wrong. Hope that helps!

[@ginacurly]

hello, do you offer any templates for screenwriters and producers?

[@Film_It_Yourself]

I sure do! If you sign up for my newsletter you get access to my filmmaking checklists and if you support me on Patreon for $5 a month I have filmmaking templates as well. You can find the links to each in the description of this video. 😊

[@ginacurly]

@@Film_It_Yourself thank you! do you offer a writer/producer template in your patreon offering?

[@ginacurly]

@@Film_It_Yourself hey, sorry i see all the links but i do not see a writer/producer template. would that be under "filmmaking" on patreon? thank u!

[@Film_It_Yourself]

@@ginacurly yes. Though I don’t really have writing templates but I do have production templates that would help producers.