We all probably love the creative side of making things. We write the scripts, we cast the parts, we location scout, we pick costumes, all that is fun. The less-fun side (at least for me) is the actual producing, especially on low-budget stuff, where you’re scrambling to lock everything down.
Including locations. You might find the perfect spot, but you don’t want to trespass or have the cops called on you, right? You lose time, or you can straight-up get kicked out. And if you’re stealing locations, you don’t want legal issues later on. That’s a headache.
To cover yourself, always ask for permission. But know that verbal agreements can fall through, so to get fancy with it, consider drafting a location agreement.
A location agreement (also called a location release) is a contract between a filmmaker or production company and a property owner that grants permission to film on private property. It covers who can be on the property, when, what you’ll pay, and what you can do with the footage.
Why You Need One
A handshake can fall through. Property owners change their minds, forget what they agreed to, or realize mid-shoot that they don’t love a film crew in their living room. A signed location release creates a paper trail that protects both parties from disputes over access, damages, and the depiction of the property on screen.
As Wrapbook points out, verbal agreements can lead people to forget key details, and disputes can follow quickly.
There’s also a chain-of-title consideration. If your film ever gets distributed, picked up by investors, or screened at a festival that requests your paperwork, you’ll need documentation proving you had legal permission to shoot where you shot. Festival programmers and distributors often ask for this. (Getting the agreement after the fact is a nightmare, especially if you never asked in the first place.)
Confirm that whoever signs has actual authority to do so. A tenant cannot grant rights that belong to the property owner.
What Goes in a Location Agreement
Most location agreements share a core set of provisions. Here’s what you need to understand as a filmmaker:
Permission to access and record
This is the foundation: who can be on the property, with what equipment, and for what purpose.
Dates and times
Specify shoot days and hours, plus buffer windows for setup and teardown. A force majeure clause is smart to include in case weather or circumstances push your schedule.
Compensation
What you’re paying, when, and how. Even if the location is free, document it. Zero dollars is still a term.
Alterations and restoration
This is what you’re allowed to change on set, and your obligation to return the property to its original condition afterward.
Usage rights
The owner is granting you the right to depict their property on screen, in perpetuity, across all media. Make sure this is explicit and broad.
Liability and insurance
In a lot of cases, you’ll need to carry general liability insurance and indemnify the owner against damages your crew causes. CreativeFuture’s breakdown outlines this more fully.
No obligation to use
A filmmaker-friendly clause: you retain the right to cut the location from your final film entirely without breaching the agreement.
Dispute resolution
Arbitration is common and tends to be faster and less costly than court.
Don’t Skip the Paperwork
If you’re still in the discovery phase, we’ve got a full guide to getting film location permits and location scouting tips worth bookmarking. Once you’ve found your spot, get the agreement signed before shoot day. A handshake dispute on the morning of production is a bad time for everyone.
Websites like Wrapbook and StudioBinder provide templates to get you going.
These templates are provided as a starting point and are not a substitute for legal advice. Productions with larger budgets, complex arrangements, or unique circumstances should consult an entertainment attorney before finalizing any location agreement.
See you on set!
Editor’s Note: This article is provided for educational purposes. Nothing on this website is intended as legal advice.
