Elements of a Location Agreement
By ERMW Team
Thursday, June 26, 2025
A location agreement, also known as a location release or permit, is a crucial legal document that grants filmmakers permission to use a specific property for filming. Whether you're shooting a Hollywood blockbuster or a student film, securing a location agreement is essential to avoid legal issues and ensure a smooth production. This document outlines the key elements typically found in a location agreement.
1. Identification of Parties:
This section clearly identifies the parties involved in the agreement:
The Filmmaker (Production Company): The entity producing the film, with the agreement clearly stating its legal name and address.
The Property Owner/Manager: The individual or entity that owns or manages the property, also with their legal name and address. If the property is managed by a company, it's vital to identify the authorized representative who can sign the agreement.
2. Description of the Property:
A detailed description of the property is essential to avoid ambiguity. This includes:
Full Address: The complete street address of the property.
Specific Areas: If only a portion of the property will be used (e.g., a specific room, the backyard), this should be clearly defined. Including a map or diagram can be helpful.
Permitted Use: Specify exactly what activities are permitted on the property (e.g., filming, setting up equipment, parking).
3. Dates and Times of Use:
This section outlines the specific dates and times the filmmaker is allowed to access and use the property. It should include:
Start and End Dates: The first and last days of filming.
Daily Start and End Times: The hours of permitted activity each day.
Grace Periods: Consider including a buffer period for setup and teardown.
Overtime Provisions: If filming extends beyond the agreed-upon hours, the agreement should address overtime charges and any necessary approvals.
4. Compensation (Fees):
This section details the payment terms for using the location:
Location Fee: The amount paid to the property owner for the use of their property.
Payment Schedule: Outline when payments are due (e.g., deposit, installments, final payment).
Additional Fees: Specify any additional charges, such as for utilities, cleaning, or damages.
5. Insurance and Liability:
This is a critical section that addresses liability and insurance requirements:
Insurance Requirements: The filmmaker is typically required to provide proof of insurance, including general liability insurance and often production insurance. The agreement should specify the minimum coverage amounts.
Indemnification: The filmmaker agrees to indemnify and hold the property owner harmless from any claims, losses, or damages arising from the use of the property.
6. Use Restrictions:
This section outlines any restrictions on the use of the property:
Permitted Activities: Reiterate the specific activities allowed on the property.
Prohibited Activities: List any activities that are strictly prohibited (e.g., use of open flames, loud noises after certain hours, damage to property).
Alterations to Property: Specify whether any alterations to the property are allowed (e.g., painting, set construction) and the conditions for restoration.
7. Credits:
If the filmmaker intends to include the location in the film's credits, this should be specified in the agreement. It should state the exact wording of the credit and any other relevant details.
8. Termination Clause:
This section outlines the conditions under which the agreement can be terminated by either party. It should address issues like:
Breach of Contract: What constitutes a breach of contract and the consequences.
Force Majeure: Provisions for unforeseen events that may prevent filming (e.g., natural disasters, strikes).
9. Governing Law:
This clause specifies which state's laws will govern the agreement.
10. Entire Agreement:
This clause states that the written agreement constitutes the entire understanding between the parties and supersedes any prior oral or written agreements.
11. Signatures:
The agreement must be signed by authorized representatives of both the filmmaker and the property owner/manager.
Important Considerations:
Legal Counsel: It's highly recommended that both parties seek legal counsel to review the location agreement before signing.
Negotiation: The terms of the agreement are often negotiable.
Specificity: The more specific the agreement, the less room there is for misunderstandings or disputes.
A well-drafted location agreement is essential for protecting the interests of both the filmmaker and the property owner. It provides a clear framework for the use of the property and helps to prevent potential legal issues down the road. Investing the time and effort to create a comprehensive agreement is a crucial step in the filmmaking process.
