Deal Point Checklist

Producer’s Representative Agreement

This Deal Point Checklist is designed to highlight areas of importance when
entering into a Producer’s Representative Agreement. Attorney Michael Norman
Saleman offers these Deal Point Checklists as a courtesy for independent
filmmakers. Contact MovieLaw if you need help with any of your film’s legal
documentation.

 Term
o one year (standard)
o extension if Rep is negotiating toward end of Term
 90 days (standard)
o termination
 automatic extension for one year unless Producer notifies (or)
 automatic termination at end of term without notification
 Exclusivity
o no other Reps can be used
o Producer will not make its own deals
o Producer may cooperate in finding deals with Rep
 Rep gets fee regardless of whether Rep or Producer finds the
distributor
 consultation with Rep on deals found by Producer
 Services
o develop presentation plan
o create package/kit
o market the film
 screenings
 festivals
 markets
o negotiate the deal
 if Rep is attorney, Rep negotiates the deal
 if Rep is not an attorney, documents negotiated by attorney
o monitor delivery of the film
o Producer to have final approval of deals
o Rep may have other clients
 but not render services if they would interfere with
representation of Producer

The Law Offices of Michael Norman Saleman | (512) 263-5932 | (888) 222-8959 | MovieLaw.net
© Copyright Michael Norman Saleman. All rights reserved.
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Deal Point Checklist

 Fees
o flat fee retainer (against amounts received)
 all at once
 payment plan (monthly?)
o commission/percentage
 percentage of gross amounts received by Producer
 10% standard on features
 higher amounts for shorts, specialties, documentaries, etc.

 Expenses
o which party to pay for promotional and marketing expenses
o Costs and Expenses Incurred by Rep
 messengers/couriers
 postage
 photocopy
 faxes
 festival entrance fees
 should be pro-rated among all films Rep is "taking" to
the festival or market
 screening room rentals
 shipping of screeners (unless service such as Vimeo is used)
o no charges for overhead
o caps on amounts to spend without prior consent of Producer
 $200.00?
o periodic billing statements for expenses
 back up receipts, etc. also required
 Credit
o end crawl
 "Producer Rep: ____________"
o credit only if film is not "locked" at time of hiring of Rep
 Continuing Commission
o if Rep introduces Producer or submits film to distributor during Term,
but Producer makes deal with distributor after the Term
o pro rate commission?
o end date
 one year from date of termination (standard)
 Who Receives Revenue
o Rep?
 if Rep receives revenue, should it be placed in a segregated
account?
 joint account with Producer
 if attorney, place in clients trust account
o require distributor to cut separate checks?

The Law Offices of Michael Norman Saleman | (512) 263-5932 | (888) 222-8959 | MovieLaw.net
© Copyright Michael Norman Saleman. All rights reserved.
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Deal Point Checklist

 Audit Rights of Producer

o Rep to keep records for two years
o inspection during business hours on reasonable notice

The Law Offices of Michael Norman Saleman | (512) 263-5932 | (888) 222-8959 | MovieLaw.net
© Copyright Michael Norman Saleman. All rights reserved.
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