What a Video Production Agreement Should Cover
All projects require clear communication, expectations and timeline. A tool that makes this clear for everyone involved is a contract. A contract, or production agreement, can seem intimidating with its legalese and overwhelming in its length, but nonetheless, it is an important step that should not be bypassed, particularly when concerning a new client/service provider relationship. A good contract is one that protects not only the producer, but the client as well.
Below I will outline a number of big-picture concepts that should be addressed in a typical production agreement, but please consult with a legal professional to have you own agreement written up to fit your needs. Or, if looking for something quick for a simple job, I recommend looking up a Statement of Work, or "SOW," template and modifying it to fit your project.
Terms that Should be Included in your Production Agreement
Project Description
Describe the project! This is important to ensure both producer and client are on the same page.
Deliverables
Outline the specific services and deliverables the producer will provide. Be very descriptive, particularly of the services.
Timeline
Timeline of major events such as pre-production meetings, video shoots, and reviews delivered. Schedule should also include deadlines for when clients should give feedback. If there will be split payments, such as 50% upfront, 50% upon delivery, give those dates as well.
Client Responsibilities
Specify what the client needs to provide to make the project fit their needs. Do they need to provide a script? What about their logos in a high-res format? And of course, the client should provide timely feedback so that the producer can adhere to the timeline.
Scope of Project Revisions
Any changes to the scope of the project need to be discussed. Requested changes to the schedule, services, or project, should be made out in writing so that there is record.
Termination
Either party may end the project before it is finished. Specify what happens in the event the producer terminates vs the client. (Hint, if the producer has done any work up to the termination point, they should still be paid for what they have done, no matter who has terminated the project.)
Schedule Delays
What happens if the schedule is delayed due to the client, and this ends up costing the producer money? Perhaps they have already hired a team, or rented equipment. Or what if it's the reverse, and the producer postpones the video shoot, costing the client time and money? And is there an exception for "Acts of God," such as weather events, which are outside either one's control?
Rights
This is important one -- is this work-for-hire? Or is the producer's work being licensed to the client? If the latter, list licensing terms. And will all the working files belong to the client as well?
Retention of Project Files
The producer should retain the working files for a reasonable amount of time.
Permissions
This one is for the producer, make sure to include a clause that allows you to use the work in your portfolio.
Signature
And lastly, include a signature line for both the producer and client representative who has the authority to sign such documents.
Working With Kohlitz
At Kohlitz, we have a standard production agreement we use if the client does not prefer to use their own. We had a lawyer write it up, covering the above as well a few extra clauses. We seek to have a professional and transparent relationships with our clients and this document has served us, our clients, and their projects well!
Note that this is not legal advice, nor am I a lawyer. If referencing this to make your own contract, consult a professional.