Creating a Filming Location Agreement

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Creating a filming location agreement is essential for any production project to be successful, yet many overlook the importance of this crucial document. The Genie AI team, a highly-esteemed group of experts in the entertainment industry, understand just how valuable a location agreement can be and why they need to be taken seriously.

A location agreement serves as an important contract between a production company and the owner of any property that is set to be used for filming. This written agreement allows both parties involved to outline their respective rights, responsibilities, and obligations related to the shoot. It is also used as a way for the parties involved to protect themselves from potential legal issues that could arise during or after filming has taken place.

It’s critical that both sides negotiate and agree upon each point in the location agreement before signing on the dotted line – allowing for provisions tailored specifically to each project’s needs. Commonly discussed topics will include how long shooting will take place at the property, what kind of access is granted by either party throughout production, whether payments are required or not; and finally any restrictions on how each party may use their respective parts of the arrangement post-shoot.

Moreover, when drafting a contract it’s imperative that clauses cover liabilities held by both sides – such as if damage were caused during production or if injury was sustained due to something linked with filming – while also making sure that both parties have protection from third-party claims or losses which may arise from participants in shooting activities. Additionally, it must clearly be stated who owns copyright over any footage captured within promise parameters of this deal; thus protecting all concerned against future misuse of content produced within its scope.

Location agreements are an incredibly useful tool which can help keep everyone safe using them and make sure all interests are represented accordingly; however it’s important not to underestimate their power nor take them lightly when laying out terms across two or more parties involved in this type of endeavour. That being said with our expert guidance below regarding step-by-step guidance plus details on accessing our library filled with tried-and-tested templates available today – you’ll have all you need should you wish create an unbeatable location agreement!

Definitions (feel free to skip)

Scope of Agreement: The range of activities and conditions that are included in the agreement.
Timeline: The schedule of when the filming will start and end.
Liability: Responsibility for any damages that occur during filming.
Insurance: An agreement that provides financial protection against losses.
Compensation: Payment for the use of the location.
Rules and Regulations: Specific restrictions that must be followed when using the location.
Rights: The power to make decisions or take action.
Legal Issues: Potential laws or regulations that may apply to the agreement.
Drafting: Writing out the terms of the agreement.
Finalizing: Completing the agreement and making it legally binding.

Contents

• Determining the scope of the agreement
• What is required for the use of the location, for how long, and at what cost?
• How long will the filming take place?
• What areas of the property will be used for filming?
• Establishing a timeline for the agreement
• Setting a start and end dates for the filming.
• What time of day will filming take place?
• How much advanced notice is required for any changes to the timeline?
• Negotiating liability issues
• Who is responsible for any damages that occur during filming?
• What types of damages are covered?
• Exploring insurance requirements
• What type of insurance coverage is needed, and who is responsible for obtaining it?
• Who will be listed as the insured on the policy?
• Defining the terms of compensation
• How will the location owner be compensated for the use of their property?
• Will compensation be a flat fee or will it be based on the length of filming?
• Outlining the rules and regulations
• What restrictions will be imposed on the use of the location?
• What activities are not allowed on the property?
• Discussing the rights of the location owner
• What rights does the location owner have to restrict or approve the use of the location?
• How will the location owner be informed of any changes to the agreement?
• Identifying any potential legal issues
• Are there any zoning or tax issues that need to be considered?
• Are there any local laws that need to be taken into account?
• Drafting the agreement
• Putting the terms of the agreement into a legally binding document.
• Obtaining a signature from both parties to confirm their agreement.
• Finalizing the agreement
• Collecting payment from the agreed-upon party.
• Delivering a copy of the agreement to both parties.

Get started

Determining the scope of the agreement

• Identify the location or locations where filming will take place
• Decide which parties will be involved in the agreement
• Consider the amount of time and resources required to set up and use the location for filming
• Determine any additional costs associated with using the location
• Establish a timeline for filming
• Address any potential issues or risks associated with using the location

When you have a clear understanding of the scope of the agreement, you can move on to the next step.

What is required for the use of the location, for how long, and at what cost?

• Outline the exact requirements for the use of the location, including the duration of the filming and any associated costs.
• Decide on the necessary permissions from the owner of the location, and how these will be obtained.
• Establish the payment terms and any deposits that may be required.
• Decide on any additional fees that may be required (e.g. parking fees, additional insurance, etc.).
• Make sure that all parties agree on the terms and conditions of the filming location agreement.

Once the requirements for the use of the location, the duration of the filming, and the associated costs have been established, this step can be checked off the list and you can move on to the next step.

How long will the filming take place?

• Estimate the total filming time required
• Discuss any restrictions on filming hours with the location owner
• Include the number of days and hours of filming in the agreement
• Make sure to include a clause in the agreement that states that any additional days or hours of filming require approval from the owner
• Once all filming times are clearly defined and agreed upon by both parties, mark this step as complete and move on to the next step.

What areas of the property will be used for filming?

• Meet with the property owner to discuss what areas of the property will be used for filming.
• Make sure to consider the size of the property, the type of filming taking place, the time of day and night, and any potential hazards or restrictions.
• Write down a comprehensive list of all areas of the property that will be used for filming.
• When the list of areas has been agreed upon, sign off on it and include it in the Filming Location Agreement.

You can check this step off your list and move on to the next step when the list of areas of the property that will be used for filming has been agreed upon and signed off on.

Establishing a timeline for the agreement

• Determine the start and end dates for the filming project.
• Review any local or state laws regarding filming permits, and ensure that the timeline abides by these regulations.
• Make sure that the timeline is realistic and allows for enough time to complete the project.
• If necessary, adjust the timeline to accommodate any special requests from the property owners.
• Once these details have been established and agreed upon, create a timeline that outlines the dates and any other expectations.
• Check off this step when the timeline has been agreed upon and signed off by both parties.

Setting a start and end dates for the filming.

• Determine the exact dates for filming.
• Agree on start and end dates for the production.
• Make sure to include the exact times for start and end dates.
• You can check this off your list once you’ve agreed on the start and end dates for filming.

What time of day will filming take place?

• Decide on the exact times when filming will take place each day.
• Make sure to take into account any restrictions that may be imposed on filming at certain times, such as noise restrictions or light levels.
• Note the start and end times in the filming location agreement.
• Once you’ve determined the exact times for filming and noted them in the agreement, you can check this step off your list and move on to the next step.

How much advanced notice is required for any changes to the timeline?

• Discuss the exact amount of advance notice required for any changes to the timeline with the location owner.
• Make sure to document the agreement regarding the timeline changes in writing.
• Once the timeline change agreement has been established and documented, you can check this step off your list and move on to negotiating liability issues.

Negotiating liability issues

• Determine which party will be responsible for any damages that occur during filming
• Discuss what type of damages will be covered and who will be held responsible
• Decide who will be liable for any injuries that occur on the set
• Consider the need for third-party insurance to cover any liabilities
• Include the agreed-upon terms in the Filming Location Agreement
• Once you have discussed and agreed upon the terms of liability in the Filming Location Agreement, you can check this step off your list and move on to the next.

Who is responsible for any damages that occur during filming?

• Set a limit on the amount of money the production company is responsible for in the event of damages.
• Have both the production company and the filming location sign the agreement.
• Ensure that both parties are aware of the responsibility for any damages that occur during filming.

You’ll know you can check this off your list and move onto the next step when both parties have agreed to the terms and have signed the agreement.

What types of damages are covered?

• Identify the types of damages that are covered by the Filming Location Agreement, such as property damage and personal injury
• Discuss any exclusions or limitations of the coverage with the location owner
• Create a list of the damages that are covered in the agreement
• Include provisions for any additional costs that may be incurred to repair any damages
• Have the location owner sign off on the agreement to officially approve the coverage of damages

Once all the coverage of damages have been discussed and agreed upon, you can check this off your list and move on to exploring insurance requirements for the location.

Exploring insurance requirements

• Research local laws and regulations regarding insurance requirements for the filming location
• Contact a local insurance provider to inquire about the type of insurance needed for the filming location
• Ask the insurance provider about any additional coverages that may be necessary depending on the type of filming taking place
• Review the terms of the insurance policy and make sure it covers all the necessary elements
• Once the insurance policy is in place, make sure to keep a copy for your records
• When all necessary insurance requirements have been met, you can move on to the next step of creating a Filming Location Agreement.

What type of insurance coverage is needed, and who is responsible for obtaining it?

• Contact an insurance agent to discuss coverage requirements for the filming location
• Ask the agent to provide quotes on different types of coverage, such as liability, property, and workers’ compensation
• Negotiate the terms of the policy with the insurance agent
• Determine who will be responsible for obtaining and paying for the insurance coverage
• Once all the details are finalized, sign the insurance agreement
• You can check this off your list when the agreement has been signed by both parties.

Who will be listed as the insured on the policy?

• Contact the production insurance company to discuss who will be listed as the insured on the policy.
• Make sure that the insured is the production company, the venue, or both, depending on the agreement.
• Have the insured sign the policy and the agreement.
• Once the policy and agreement have been signed, you can check this step off your list and move on to the next step: defining the terms of compensation.

Defining the terms of compensation

• Determine how much the location owner will be compensated for the use of their property
• Consider factors such as the length of the shoot, any additional costs associated with the shoot, such as security or additional sets, and any other factors that may affect the compensation
• Put it in writing and make sure both parties sign off on the agreement
• You know you have completed this step when you have agreed on the compensation rate and both parties have signed the agreement.

How will the location owner be compensated for the use of their property?

• Determine the level of compensation that will be provided to the location owner.
• Discuss with the location owner the types of compensation that will be provided.
• Negotiate a compensation that is mutually beneficial for both parties.
• Create a written agreement that outlines the compensation for the use of the location.
• Agree to the compensation and sign the agreement.

Once the compensation has been agreed upon and the agreement is signed, this step is complete and you can move on to the next step.

Will compensation be a flat fee or will it be based on the length of filming?

• Discuss and decide with the location owner whether the compensation will be a flat fee or based on the length of filming
• To create a fair and reasonable agreement, consider the following factors: duration of filming, size of crew, any disruption caused to the property, location’s popularity, and any additional services provided by the location owner
• Agree on the compensation that will be paid and include this information in the Filming Location Agreement
• Once the compensation has been finalized and included in the agreement, this step has been completed and you can move on to the next step of outlining the rules and regulations

Outlining the rules and regulations

• Outline and agree upon the rules and regulations to be followed while filming at the location
• Make sure all parties are aware of the consequences of not adhering to the rules and regulations
• Establish a clear system of communication and a timeline for when the rules and regulations need to be followed
• Include details about any permits or licenses needed for filming, including who is responsible for obtaining them
• Define who will be responsible for any clean-up of the location after filming
• When all parties have agreed to the rules and regulations, sign and date the document

You’ll know you can check this step off your list when the rules and regulations have been outlined, agreed upon, and signed by all parties.

What restrictions will be imposed on the use of the location?

• Outline the restrictions imposed on the use of the location in the agreement.
• This can include restrictions on the number of people allowed on the property, noise levels, and other activities that are prohibited.
• Make sure you note all restrictions in the agreement and that all parties involved understand and agree to them.
• Once all restrictions have been outlined, you can check this off your list and move on to the next step.

What activities are not allowed on the property?

• Ask the property owner what activities are not allowed on the property.
• Make a list of all the activities that are not allowed on the property.
• Discuss any activities that the property owner may have forgotten to mention.
• Make sure that these restrictions are clearly stated in the agreement.
• Once the list of restricted activities is agreed upon, you can move on to the next step.

Discussing the rights of the location owner

• Have a conversation with the location owner about their rights to restrict or approve the use of the location
• Ask about what activities are allowed and what activities are not allowed
• Discuss any concerns the location owner may have
• Discuss any special requests the location owner may have
• Make note of any restrictions or requests the location owner may have
• Create a filming location agreement that outlines the rights of the location owner and the filmmaker
• Once you have the agreement signed, you can move on to the next step.

What rights does the location owner have to restrict or approve the use of the location?

• Discuss the rights of the location owner, including the right to refuse or approve the use of the location for filming
• Include any restrictions the location owner wants, such as no smoking, no animals, no overnight stays, etc.
• Outline any additional fees that may be incurred by the production team for use of the location
• Specify the duration of filming and the times of day when filming can take place
• Outline any disruption to the location that may be caused by the filming
• Determine who will be responsible for any damage caused by the production team
• Agree on how the location will be returned to its original state after filming is completed

When you can check this off your list:
Once you have discussed, agreed upon and written down all of the rights of the location owner, you can check this step off your list and move on to the next step.

How will the location owner be informed of any changes to the agreement?

• Make sure the agreement states that the location owner will be notified of any changes to the agreement.
• Include a clause in the agreement on how the notification will be provided to the location owner (e.g. via email, mail, etc.).
• Ensure that the location owner is given reasonable advance notice of any changes.
• Once the agreement is in place, you can check this off your list and move on to the next step.

Identifying any potential legal issues

• Check local zoning laws to ensure that filming is allowed in the area
• Consult with a lawyer or other legal professional to identify any potential legal issues
• Make sure that all relevant regulations are accounted for in the agreement
• Make a list of any potential legal issues that have been identified
• Once all potential legal issues have been identified and accounted for in the agreement, you can move on to the next step.

Are there any zoning or tax issues that need to be considered?

• Research local zoning ordinances and tax laws that may apply to the filming location.
• Check with the local government or tax authority to determine if any permits or exemptions are required.
• Determine if the filming activities will generate taxes or fees that must be paid.
• When all relevant zoning and tax issues have been identified and addressed, the next step can be completed.

Are there any local laws that need to be taken into account?

• Research laws, regulations, and ordinances, both local and state, that could have an impact on the filming location, such as noise and public safety laws
• Find out about any permits that may be required for filming activities and obtain them
• Determine whether there are any restrictions on filming in public spaces or private properties
• Consult with a local attorney to ensure that you are aware of any existing laws that could affect filming at the location

You will know when you can check this off your list and move on to the next step when you have completed the research and consulted with a local attorney to make sure you are aware of any existing laws that could affect filming at the location.

Drafting the agreement

• Gather information on the needs of the production crew and the restrictions of the filming location
• Identify any potential risk factors involved with the shoot
• Create a draft of the agreement that covers all the terms and conditions of the shoot
• Make sure that the agreement covers the safety of people and property, plus the compensation for the use of the location
• Have the draft reviewed by a lawyer or other legal expert to make sure that the agreement is legally binding
• Modify the draft to incorporate any changes suggested by the legal expert
• Once the agreement is finalized, have it signed by both parties
• You will know that you have completed this step when you have a finalized, legally binding agreement that has been signed by both parties.

Putting the terms of the agreement into a legally binding document.

• Put the terms of the agreement into a contract, ensuring that all parties have the same understanding of the agreement
• Include the names and contact information of both parties involved in the agreement
• Outline the exact roles, responsibilities, and expectations of each party in the agreement
• Describe the location and specify the date and duration of filming
• Include any additional legal requirements or clauses that both parties must agree to
• Have both parties sign the agreement and keep a copy for their records

Once all of the above have been completed, you can check this off your list and move on to the next step.

Obtaining a signature from both parties to confirm their agreement.

• Arrange a time and place with both parties to sign the agreement.
• Make sure all parties have copies of the agreement with them.
• Once all parties have signed the agreement, make sure everyone has a copy of the signed document.
• You can check this step off your list once everyone has signed the agreement and each party has a copy of the signed document.

Finalizing the agreement

• Make a copy of the signed agreement, and give one copy to each party.
• Make sure to save a digital copy of the agreement for your records.
• Ensure all parties have a copy of the agreement before moving on to the next step.
• You can check this step off your list when you have a copy of the agreement saved and all parties have a copy of the agreement.

Collecting payment from the agreed-upon party.

• Ask for payment to be sent to you in the form of a check or electronic payment such as PayPal or Venmo.
• If the agreed-upon party sends the payment, deposit it into your bank account.
• Make sure the amount you receive is the amount agreed upon in the filming location agreement.
• When you have received the payment, you can check this off your list and move on to the next step.

Delivering a copy of the agreement to both parties.

• Make sure you have a copy of the agreement ready to send to both parties.
• Email a copy of the agreement to both parties, or deliver it via snail mail.
• Request a confirmation of receipt of the agreement from both parties.
• Once confirmations have been received, you can check this off your list and move on to the next step.

FAQ:

Q: What is a filming location agreement?

Asked by Ashok on April 18th 2022.
A: A filming location agreement is a legal document that sets out the terms and conditions between two parties when it comes to filming at a particular location. It is usually used when a film production company wishes to film at a specific location, such as a house or business, or in a public area. The agreement will usually cover issues such as the duration of the shoot, any restrictions on the use of the property and any fees that must be paid. It is important to ensure that the terms of the agreement are clear and that both parties are aware of their obligations and rights.

Q: Who is responsible for drafting a filming location agreement?

Asked by Will on January 6th 2022.
A: A filming location agreement should be drafted by an experienced lawyer who is familiar with film production law and the particular jurisdiction in which the filming will take place. This could be an in-house lawyer for the production company, or an external lawyer who has experience in this area. It is important to ensure that the lawyer drafting the agreement has sufficient knowledge and experience to ensure that all relevant matters are covered.

Q: What should be included in a filming location agreement?

Asked by Hailey on October 12th 2022.
A: A filming location agreement should include details such as the duration of the shoot, any restrictions on the use of the property, any fees that must be paid, liability issues, insurance requirements, and any other relevant terms or conditions. It should also include details such as contact information for both parties, and provisions for termination or renegotiation of the agreement if necessary.

Q: How long is a filming location agreement valid for?

Asked by Blake on June 1st 2022.
A: The length of time that a filming location agreement is valid for will depend on the specific circumstances of each individual case. In general, it will last for as long as it takes for the production company to complete their shooting at the particular location, although some agreements may specify a maximum duration of time for which they are valid.

Q: Are there different types of filming location agreements?

Asked by David on February 27th 2022.
A: Yes, there are different types of filming location agreements depending on what type of shoot is being undertaken and where it is being undertaken. For example, some agreements may cover multiple locations or an entire shoot while others may just cover one specific location or one specific scene within a larger shoot. The type of agreement will vary depending on what is being filmed and where it is taking place.

Q: Are there any laws I need to be aware of when creating a filming location agreement?

Asked by Justin on August 19th 2022.
A: Yes, it is important to be aware of local laws when creating a filming location agreement as these may have an impact on certain aspects of the agreement such as liability issues or public access to certain areas during shooting. Laws relating to film production can vary from state-to-state in both the US and UK as well as from country-to-country in Europe so it is important to research and understand all relevant laws before creating an agreement.

Q: Can I use my own template for creating a filming location agreement?

Asked by Isabella on July 8th 2022.
A: While you can use your own template for creating a filming location agreement, it is best practice to ensure that it covers all relevant matters as outlined above and complies with local laws applicable to film productions in your jurisdiction. If you are unsure about any aspect of creating your own template then it may be best to seek legal advice from an experienced lawyer who specializes in film production law before proceeding with your own template.

Q: What happens if I breach my filming location agreement?

Asked by Matthew on March 24th 2022.
A: If you breach your filming location agreement then you may face legal consequences depending on what has been breached and how severe it was. For example, if you breach certain aspects of health and safety regulations then you may face fines or other sanctions imposed by regulatory bodies such as local councils or courts. It is therefore important to make sure that you understand all aspects of your agreement before signing it so that you can avoid any potential breaches occurring during your shoot.

Q: What are some common mistakes people make when creating a filming location agreement?

Asked by Olivia on December 5th 2022.
A: Some common mistakes people make when creating a filming location agreement include not specifying clear terms regarding fees; not including details about liability issues; not understanding local laws; not accounting for contingencies (such as weather); not specifying clear rights regarding intellectual property; not taking into account potential damage caused during shooting; not specifying how long shooting can take place; and not being clear about how changes to plans will be handled (eg revisions to script). It is therefore important to seek legal advice before signing any filming location agreements so that all relevant matters can be clearly set out beforehand and any potential issues can be avoided later down the line.

Example dispute

Possible Lawsuits Referencing Location Agreement

• Breach of contract: If either party did not fulfill their obligations under the location agreement, a breach of contract suit may be raised. The plaintiff must prove that the defendant failed to fulfill the terms of the agreement, that the plaintiff suffered harm, and that the breach was the cause of the harm.
• Unlawful Use of Personal Information: If a location agreement includes personal information that is used in an unauthorized manner, the plaintiff may raise a lawsuit. The plaintiff must show that the defendant had access to the personal information, that it was used for an unauthorized purpose, and that this caused the plaintiff harm.
• Negligence: If the defendant failed to exercise reasonable care in the performance of their duties under the location agreement, the plaintiff might raise a negligence suit. The plaintiff must show that the defendant had a duty to the plaintiff, that they breached that duty, and that the breach caused harm to the plaintiff.
• Unjust Enrichment: If the defendant was unjustly enriched by the location agreement, the plaintiff may raise a lawsuit. The plaintiff must show that the defendant received a benefit, that the benefit was not legally obtained, and that the plaintiff suffered a loss as a result.
• Intentional Infliction of Emotional Distress: If the defendant’s actions under the location agreement were extreme and outrageous and caused the plaintiff emotional distress, the plaintiff may raise a lawsuit. The plaintiff must show that the defendant’s conduct was outrageous, that the plaintiff suffered severe emotional distress, and that the defendant intended to cause the distress.

Damages for any of these suits may include compensatory damages for lost income, pain and suffering, and punitive damages to punish the defendant for their actions. Settlement may also be reached through mediation or arbitration.

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