Criticize my homemade contract!

I wrote this contract for Crew members for a feature I'm producing, but I don't have any experience doing this and there's a good chance I did something wrong.

Let me know if I missed/forgot about something obvious, or whatever criticisms come to mind.


CREW CONTRACT

Definitions: the “producers” is NAME. The “show,” is the feature film NAME and its production.

I agree with the following terms and conditions:

I understand I will not be compensated for my involvement in this show, unless the producers offer a deferred payment deal. I understand that deferred payment deals will be made later, and I am in no way guaranteed any compensation at all.

I understand the producers will reimburse some of my expenses, including some gas expenses. This MAY include gas expenses from driving to and from set, or driving between locations, and does not include gas expenses which are unconnected to the show. ALL gas reimbursements will be awarded at the discretion of the producers, and I agree that I am not inherently entitled to gas reimbursements.

Food will be provided on set, and I take responsibility for any liability that comes as a result of consuming it. I agree that the producers are not required to provide food, but do so as a service to the crew.

Petty cash expenses I incur for the show will MAY be reimbursed. All expenses should be cleared beforehand with the producers. The producers will not reimburse parking tickets or parking fines or cellular phone charges.

As a crew member on a low-budget production, I understand that I may offer use of my equipment, vehicle, or other possessions. The producers are not liable for any damage to those possessions.

I waive all liability to the producers for injuries sustained as a result of the show.

I do not own or control any part of the show unless otherwise expressed.

The producers have the customary rights to suspend or terminate this agreement or my services in the event of my default or incapacity, or an act of god. I or the producers can terminate this contract at any time. At the end of the show’s production, this contract will be terminated.



PRINTED NAME: _______________________________________________

SIGNATURE_______________________________________ DATE______________________________
 
I edited a few things out to close loopholes. With simple contracts, judges tend to go with the intent of the contract, but once you make it complicated, then you'll have to specifically cover everything and anything. You really don't have to put the termination part in because there is no pay. No need to put negative connotation in this.

You may want to put a talent release line in this agreement in the event the person ends up on film.

I'm only a fake lawyer on the internet so my advice does not replace talking to an actual attorney! :)



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CREW Agreement (I suggest using "agreement" instead of contract)

Definitions: the “producers” is NAME. The “show,” is the feature film NAME and its production.

I agree with the following terms and conditions:

I understand I will not be compensated for my involvement in this show.

Delete the sentence in italics -- Instead have another contract for ONLY those offered a deferral. No need to set other people up for disappointment. unless the producers offer a deferred payment deal. I understand that deferred payment deals will be made later, and I am in no way guaranteed any compensation at all. )

I understand the producers may reimburse some of my expenses, All expenses MUST be cleared beforehand with the producers. The producers will not reimburse parking tickets or parking fines or cellular phone charges.


I agree that the producers are not required to provide food, but do so as a service to the crew.


As a crew member on a low-budget production, I understand that I may offer use of my equipment, vehicle, or other possessions. The producers are not liable for any damage to those possessions.

I waive all liability to the producers for injuries sustained as a result of the show.

I do not own or control any part of the show unless otherwise expressed.


PRINTED NAME: _______________________________________________

SIGNATURE_______________________________________
DATE______________________________
 
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I wrote this contract
When people try to write their own contracts that's when they get into trouble. Usually these self-written contracts aren't worth the paper they are written on. I'm not a lawyer but I know that lawyers are a necessary evil. It's a touch situation when you are on a micro budget. Maybe use Google to find a contract online that was written by a lawyer if you want to cut corners.
 
Here's a real crew release contract...
Crew-Release-Generic.jpg
 
Not true!

The only people certified to critique a contract is a lawyer with a license to practice law in your state.

You can also ask a paralegal for pointers because they review contracts for lawyers all the time.

Law varies from state to state.

I already did the not-a-lawyer disclaimer! Yes, you should always talk to a lawyer.

My point previous poster is that there is no criteria for what makes a "real" contract. A hand scribbled napkin signed by two parties could be found enforceable by a judge. A judge could also rule it invalid for a number of reasons as well, but the same goes for a boilerplate contract found on the net.

The intent matters, and if everyone was of sound mind, chances are you have a real contract. But see a lawyer. :)
 
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I already did the not-a-lawyer disclaimer! Yes, you should always talk to a lawyer.

My point previous poster is that there is no criteria for what makes a "real" contract. A hand scribbled napkin signed by two parties could be found enforceable by a judge. A judge could also rule it invalid for a number of reasons as well, but the same goes for a boilerplate contract found on the net.

The intent matters, and if everyone was of sound mind, chances are you have a real contract. But see a lawyer. :)

So, you suggest a piece of paper that a lawyer can have thrown out in court because it's not a real contract? Because, that's what they will do, especially if a crew person "Lawyers-up" for court.
 
So, you suggest a piece of paper that a lawyer can have thrown out in court because it's not a real contract? Because, that's what they will do, especially if a crew person "Lawyers-up" for court.

If your intent was in good faith, this is what the judge will give considerable weight. You're a filmmaker, not a lawyer. If the other side "Lawyer-up" he'll still have to show the filmmaker intended to defraud, mislead or decieve.

Besides, even if a contract was written by Hollywood's top billing entertainment law firm, a crew member can still "lawyer-up". Paying top dollar for a contract written by an entertainment lawyer is no guarantee you won't get sued.

We're clear into talk-with-an-attorney territory now . . . we should step back.

I will add this so there is no confusion: The more money in the project (especially from "investors," and for that, you need to form a LCC) the higher priority you ought to give towards bringing an attorney into the project to look over all your paperwork.


My beef with this particular contract is that it appears to favor the crew/cast in some areas -- for example: portfolio reels. I wouldn't want these kind of headaches written into the contract of a low budget film. If someone requests a reel as a condition to work on the project, then I'd add it to the contract for that person only. Portfolio reels are a pain to deal with. Why yield on these things? The filmmaker holds all the aces IMO.
 
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FYI -- If you use a homemade or boilerplate contract, you're on your own in court. A lawyer will not represnt you. They will represent you for a contract made by a lawyer.

That should be considered. When I showed a lawyer one of those boiler plate contracts, they told me to get rid of it and have a lawyer draft it up. Part of the deal of when a lawyer drafts one up is both parties agree to settle with legal representation in court or through arbitration.
 
FYI -- If you use a homemade or boilerplate contract, you're on your own in court. A lawyer will not represnt you. They will represent you for a contract made by a lawyer.

That should be considered. When I showed a lawyer one of those boiler plate contracts, they told me to get rid of it and have a lawyer draft it up. Part of the deal of when a lawyer drafts one up is both parties agree to settle with legal representation in court or through arbitration.

While I agree that a lawyer would prefer to be defending his own contract, I gotta say there are plenty of lawyers who will take a case on an hourly rate.
 
If you write up your own contract you might get lucky, but I can see that just for starters that self made contract doesn't address the all important copyrights, which opens up a big can of worms. Also the language has to be worded just right and cover all of the lawyer stuff or you can get burned. There's so much stuff that only lawyers know about. The contract that I posted was given to me by an LA entertainment lawyer. There are certain buzz words that help make it pretty bullet proof, like "as good and valuable consideration". The words "receipt and sufficiency" help stop them from demanding more money later. "In any medium" means that they can't demand more money if you sell your movie in some yet to be invented format.
A written contract is simply the best line of defense against complaints and lawsuits. Written correctly it will probably prevent a lawsuit from the get go, or at least get the case thrown out.
 
If you write up your own contract you might get lucky. . . Also the language has to be worded just right and cover all of the lawyer stuff or you can get burned.

This is why judges go by the intent of the contract when it comes to contracts written by laymen. They'll give the parties some leeway provided it was written with good intentions from both parties.

Contracts written by lawyers have to be damn perfect though.

Another thing to remember that when it comes to civil law, many (most?) things you can do yourself -- lawyers aren't going to tell you this because it cuts into their pocketbook budge. Yes, review things with a lawyer, but do the legwork yourself.

Criminal law is different, you must have a lawyer.

Disclaimer: I'm not a lawyer and I don't even play one on TV. :)
 
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Another thing to remember that when it comes to civil law, many (most?) things you can do yourself -- lawyers aren't going to tell you this because it cuts into their pocketbook budge. Yes, review things with a lawyer, but do the legwork yourself.
When it comes to talent and crew releases, I wouldn't write it up myself. I'd find something on the Internet. It's an out-of-the-box contract -- No need to write it up from scratch. If you can't find these on legal zoom, then a lawyer should have this contract on fine already.

But when we're talking about things like investor contracts with producers or distribution deals you really need a lawyer.
 
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