Production Services Agreement

Free Production Services Agreement Template

Use this free template as a starting point for a production services agreement (commonly used in film, television, commercial, or branded content production). Copy and customise it to suit the production, the services to be provided, and your jurisdiction.

PRODUCTION SERVICES AGREEMENT

Date: [Date of agreement]

Parties:

(1) Commissioner: [Full legal name], a company incorporated in [Jurisdiction] with registered address at [Address] (the "Commissioner")

(2) Production Company: [Full legal name], a company incorporated in [Jurisdiction] with registered address at [Address] (the "Production Company")

Background

A. The Commissioner wishes to produce [Description of the production: e.g. a feature film, television series, commercial, online content series] (the "Production").

B. The Production Company has the experience, personnel, equipment, and capability to provide production services for the Production.

C. The Commissioner wishes to engage the Production Company, and the Production Company agrees to provide, the production services on the terms set out below.

1. The Production

• Working title: [Title]
• Format: [Feature film / TV series of [N] episodes / Commercial / Web series / Other]
• Approximate running time / duration: [Details]
• Genre / category: [Details]
• Treatment, script, or brief: as set out in Schedule [1]

2. Services

The Production Company shall provide all production services reasonably necessary to deliver the Production, including:

• Pre-production: scripting support, casting, location scouting, scheduling, budgeting
• Production: principal photography or recording, direction, crew supply, equipment supply, location management
• Post-production: editing, sound design, music supervision, visual effects, colour grading, final delivery in agreed formats

The full scope of services and deliverables is set out in Schedule [2].

3. Schedule

• Pre-production start: [Date]
• Principal photography / recording: [Start date] to [End date]
• Post-production: [Start date] to [End date]
• Final delivery date: [Date]

The Production Company shall use reasonable endeavours to complete the Production within the schedule, subject to any delays caused by the Commissioner, force majeure, or other matters outside its reasonable control.

4. Budget and Fees

• Total fee: [Currency and amount] (the "Production Fee"), inclusive of all costs set out in the budget at Schedule [3], unless a separate cost-plus arrangement is recorded in Schedule [3]
• Production Company margin / fee: [as set out in the budget, or a fixed sum of [Amount]]

Payment schedule:

• [Y]% on signature of this Agreement
• [Y]% on commencement of principal photography
• [Y]% on completion of principal photography
• [Y]% on delivery of the final accepted Production

Overages (costs in excess of the agreed budget) shall be approved in writing by the Commissioner before being incurred, except for de minimis overruns up to [X]% of the budget which the Production Company may incur and notify in the next status update.

5. Personnel and Engagement

• The Production Company shall engage all cast, crew, and contributors as principal, and shall be responsible for all wages, fees, agent commissions, expenses, employer's social security contributions, and taxes.
• Key personnel (Director, Director of Photography, Editor, Producer): [Names], as listed in Schedule [4]. Substitution of key personnel requires the Commissioner's prior written approval, not to be unreasonably withheld.

6. Approvals and Creative Controls

The Commissioner has approval rights over:

• Final script / treatment
• Casting of principal cast
• Key crew (Director, DOP, Editor)
• Locations
• Final edit (picture lock)
• Final audio mix and grade
• Final deliverables

Approvals shall be given or withheld within [5 working days] of submission. Where the Commissioner fails to respond within this period, approval is deemed given, provided the Production Company has flagged the deadline in writing.

7. Intellectual Property

• All copyright, design rights, and other intellectual property rights in the Production and any materials created in performance of this Agreement vest in the Commissioner upon creation, with full title guarantee and free from third-party claims.
• The Production Company assigns to the Commissioner all such rights to the fullest extent permitted by law, and waives all moral rights to the extent permitted.
• The Production Company shall procure equivalent assignments and waivers from all cast, crew, and contributors.
• Pre-existing materials of the Production Company (Background IP) remain owned by the Production Company; a non-exclusive, perpetual, royalty-free licence to use Background IP as embedded in the Production is granted to the Commissioner.

8. Insurance

The Production Company shall maintain at its cost the following insurances for the duration of the Production:

• Public liability: minimum [Currency and amount]
• Employer's liability: as required by law
• Producer's indemnity / errors and omissions: minimum [Currency and amount]
• Negative / cast / equipment insurance: as appropriate to the Production budget and risk
• Such other insurance as is customary for productions of this scale

9. Warranties and Indemnities

The Production Company warrants that:

• It has the right and authority to enter into this Agreement and to grant the rights assigned
• The Production will not infringe the intellectual property rights or other rights of any third party (subject to material supplied by the Commissioner)
• All necessary clearances and consents in respect of music, archive, talent, and locations will be obtained
• The Production will be produced with reasonable skill and care and in accordance with applicable laws and industry codes of practice

The Production Company shall indemnify the Commissioner against losses arising from breach of these warranties, subject to the limitation of liability in clause 10.

10. Limitation of Liability

Neither Party's liability is limited for fraud, wilful misconduct, or any liability that cannot be limited by law. Subject to the foregoing, the Production Company's total aggregate liability under this Agreement is capped at [the Production Fee / a fixed sum of [Amount]]. Neither Party is liable for indirect or consequential loss, including loss of profit, anticipated revenue, goodwill, or business opportunity.

11. Force Majeure

Neither Party is liable for failure or delay caused by events outside its reasonable control (including acts of God, war, civil disturbance, government action, fire, flood, pandemic, or significant talent unavailability). The affected Party shall use reasonable endeavours to mitigate. If a force majeure event continues for more than [60] days, either Party may terminate this Agreement and the Commissioner shall pay for work performed and costs irrevocably committed up to the termination date.

12. Termination

• The Commissioner may terminate for convenience by [30] days' written notice, in which case the Commissioner shall pay for work performed and costs irrevocably committed up to the termination date, plus a termination fee of [X]% of the unpaid balance of the Production Fee.
• Either Party may terminate immediately for material breach not remedied within [14] days of written notice, or for insolvency of the other Party.

13. Delivery and Acceptance

Final deliverables shall be supplied in the formats and specifications set out in Schedule [5]. The Commissioner shall provide written acceptance or notice of any required changes within [10 working days] of delivery. Changes that are within the originally agreed scope shall be completed by the Production Company at no additional charge; out-of-scope changes shall be the subject of a written change request.

14. Governing Law and Disputes

This Agreement is governed by the laws of [Jurisdiction] and the Parties submit to the exclusive jurisdiction of the courts of [Jurisdiction].

Signatures:

For and on behalf of the Commissioner:

_ Date: _ [Name], [Position]

For and on behalf of the Production Company:

_ Date: _ [Name], [Position]

This is a basic template provided for informational purposes. For a professionally generated and legally tailored document, use Bind's contract automation platform.