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Contract Templates > Crew & Production > Producer Agreement (Non-Union)

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Producer Agreement (Creative / Production) for indie filmmakers

Entertainment Attorney–Drafted. Logic-Driven.
Built for Real Productions.

CONTRACT TEMPLATE

Producer Agreement (Non-Union)

$

39.99

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Attorney-drafted for real film productions.

Price: $

39.99

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Full Access Annual Member Discount: 35%

When To Use This:

Use this agreement when:

  • You are hiring a Creative Producer, Co-Producer, Line Producer, or Production Producer
  • The producer is not primarily financing the film
  • Compensation may include a fee, deferment, backend, or hybrid structure
  • You need ownership and IP protection clearly defined
  • You want paperwork that will withstand distributor, financier, or E&O review

This agreement is designed for independent film production — not union signatory agreements and not executive financing deals.

About

Producer deals in independent film are rarely simple salary arrangements.

Sometimes there is an upfront fee. Sometimes payment is contingent on financing closing. Sometimes compensation is partially deferred. And sometimes there is backend participation layered into a revenue waterfall.

This agreement accounts for those realities.

It allows you to structure compensation in a way that reflects actual independent production finance — while maintaining clean ownership, proper IP protection, and clear boundaries around control.

The document adapts to your answers as you move through the questionnaire. If compensation is contingent, it reflects that. If compensation is deferred, it places that deferment correctly within the revenue structure. If backend is included, it defines Net Proceeds and Net Profits clearly and in alignment with customary indie practice.

Just as important, it prevents common mistakes.

Independent filmmakers sometimes unintentionally create partnership exposure, ownership ambiguity, or vague backend promises when using generic contractor templates. This agreement avoids those pitfalls by clearly defining engagement, ownership, compensation hierarchy, credit, and audit rights in a financing-aware format.

Compensation Structure

Independent films are financed in layers. This agreement recognizes that.

It supports:

  • Upfront producer fees
  • Financing-contingent payment
  • Deferred compensation positioned after senior financing and investor recoupment
  • Optional backend participation tied to defined Net Profits

Deferred compensation is placed ahead of net profits — consistent with customary indie waterfall structure — while backend participation remains contingent on actual profits received.

There are no implied guarantees. No unintended acceleration. No accidental ownership transfers.

Learn More: What Must a Producer Agreement Include? (Indie Film Checklist)

Ready to put your production on solid ground?

Thoolie’s Producer Agreement covers fixed fees, deferred compensation, backend participation, work-for-hire ownership, credit provisions, and chain-of-title protections — everything your production needs from day one. $39.99. Instant download.

Production-Ready Protection

This agreement includes work-made-for-hire ownership language, moral rights waiver (where permitted), E&O-conscious representations, indemnification protections, classification flexibility for payroll compliance, and assignment language that accommodates future financing or distribution.

It is structured to hold up under distributor, financier, and insurer review — while still being accessible to independent filmmakers who are building projects responsibly.

Frequently Asked Questions

What’s the difference between this and an Executive Producer Agreement?

This agreement is for creative and production-focused producer roles. If the individual’s compensation is tied primarily to funds raised or financing introduced to the project, use the Executive Producer Agreement instead.

Does this give the Producer ownership of the film?

No. All services and materials are treated as work-made-for-hire and assigned to the Company.

Is backend participation guaranteed?

No. Backend participation is contingent upon actual Net Profits received by the Company.

Can this handle deferred compensation?

Yes. Deferred compensation is structured in alignment with customary independent film revenue waterfalls.

Is this acceptable for E&O and distributor review?

Yes. The agreement includes the ownership, indemnification, and financing-aware provisions typically reviewed by distributors and insurers.

Is this for Executive Producers?

No. If the individual’s compensation is tied to financing raised or capital introduced, use the Executive Producer Agreement instead.

This agreement includes:

  • Fixed fee structures (multiple payment schedules)
  • Financing-contingent payment options
  • Deferred compensation positioned properly in the revenue waterfall
  • Optional backend participation tied to Net Profits
  • Clear definitions of Net Proceeds and Net Profits
  • No acceleration of contingent compensation
  • Work-made-for-hire ownership and IP assignment
  • Moral rights waiver (where permitted)
  • Credit provisions
  • Audit framework (if backend applies)
  • Payroll / independent contractor flexibility
  • E&O-conscious representations and warranties
  • Indemnification protections
  • Force majeure protections
  • No pay-or-play clarification

This is not a deal memo.
It is a production-ready agreement.

  • Creative Producers
  • Co-Producers
  • Line Producers
  • Production Producers
  • Development Producers (non-financing roles)

If the individual is primarily bringing financing or raising capital, use the Executive Producer Agreement instead.

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