PRODUCER WORK MADE FOR HIRE DEAL MEMO (non-loanout)

 Updated: Nov. 1, 2025

1. What is it?

A Film Producer Agreement is a legal contract that defines the relationship between a production company (or financier) and an individual producer who is hired to manage, oversee, or execute key aspects of a film project. This agreement outlines the producer’s creative and logistical responsibilities—such as budgeting, hiring crew, coordinating schedules, and ensuring timely delivery of the film—as well as the compensation, credit, and rights they receive in return. It protects both parties by clarifying expectations and minimizing misunderstandings across development, production, and post-production stages.

A deal memo is a short version of the long form agreement. This is usually executed early to establish basic terms and the more detailed long form follows after.

Non-loanout means the director is contracting themselves as an individual and not through their "loanout" company.

2. Who is it for?

This agreement is essential for anyone formally hiring or working as a producer on a film or television project. It should be used by:

·       Independent production companies

·       Studios and financiers

·       Executive producers bringing in outside producers

·       Line producers managing budgets and schedules

·       Directors or writers hiring producing partners

·       Attorneys drafting or negotiating production contracts

3. What does it include?

The agreement details the producer’s duties, deliverables, payment terms, credit obligations, and legal protections around confidentiality, rights ownership, and dispute resolution. It may also address whether the producer is an independent contractor or employee, and whether they have backend profit participation or ownership stakes. A well-drafted agreement balances creative expectations with financial accountability.

Key Terms and Paragraphs:

·       Engagement and Services – Defines the scope of the producer’s role

·       Term – Length of the agreement

·       Compensation – Fixed fees, bonuses, and backend participation

·       Credit – Type and placement of producer credit on-screen and in marketing

·       Rights and Ownership – Clarifies that all work done is a “work for hire”

·       Expenses and Reimbursements – What the producer can bill to the project

·       Termination – Conditions under which the agreement can be ended early

·       Indemnification – Liability protections for both parties

·       Guild/Union Compliance – If applicable (e.g., PGA rules)

·       Dispute Resolution and Governing Law – How conflicts will be handled

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