Entertainment & Intellectual Property Law

Stacey Davis

Property Owner’s TOP FIVE TIPS for Negotiating Location Agreements

1.  Use of the Property
  • Identify what use producer can make of the property
  • Ensure all major alterations (e.g., knocking down a wall) be approved in writing
  • Require property be returned to original condition post-filming at producer’s expense
  • Ensure all expenses relating to use of property be paid by producer

2.  Access Rights

  • Identify dates of access (limit open ended production dates)
  • Specify time of access to limit disruption to business or household (e.g. 3:00 a.m. filming)

3.  Reps and Warranties

  • Disclaim reps/warranties regarding physical condition of property or suitability for filming

4.  Insurance

  • Ensure producer secures general liability and property insurance of sufficient value
  • Be named as an additional insured on the certificate of insurance
  • Require insurance company be qualified to do business in your state
  • Obtain copy of certificate of insurance before filming begins

5.  Indemnity

  • Don’t fall prey to indemnity language favoring producer’s use of the property
  • Require producer indemnify you for any damage or lawsuits arising out of use of the location and inclusion of the location in the film.

For more information, contact The Law Firm of Stacey A. Davis at sdavis@staceydavislaw.com or www.staceydavislaw.com.