Filming somewhere without a location agreement is one of the most common legal mistakes in indie film and one of the most expensive to fix after the fact.

A location agreement is not just permission to film on someone’s property. It is a legally binding document that defines who owns the right to grant that permission, what you can do while you’re there, what you’re liable for if something goes wrong, and whether your footage can actually be used in distribution.

Without it, you don’t have a location. You have a trespass problem, a chain of title gap, and an E&O insurance headache waiting to happen at the worst possible moment.

This guide covers everything you need to know about location agreements before you show up with a camera.

What Is a Film Location Agreement?

A film location agreement is a written contract between a production and the owner or authorized representative of a property, granting the production the right to access, use, and film at that property for a defined period of time.

It is distinct from a filming permit, which is issued by a government body (city, county, or state) and grants permission to film in a public space or jurisdiction. A location agreement is between you and the property owner or controller. Both may be required depending on where you are filming.

This is the question most filmmakers don’t ask — and it’s the most important one.

The person signing a location agreement must have the legal authority to grant filming rights. That means:

• The property owner — the person or entity named on the title or deed
• An authorized representative — a property manager, leasing agent, or attorney with documented authority to act on the owner’s behalf
• A tenant — but only if their lease gives them the right to sublicense the property for filming purposes
• A government body — for public land, parks, streets, and government buildings, with the appropriate permit

If the person who signs your location agreement did not have the authority to grant filming rights, your agreement is worthless. The footage you shot may be unusable. And your chain of title has a gap that will surface at distribution or E&O review.

Location Agreement vs. Location Release

These two terms are often used interchangeably but they are different documents:

Document	Location Agreement	Location Release
Scope	Comprehensive — covers access, rights, insurance, damage, confidentiality, and distribution	Short form — confirms permission to use the appearance of the property in the film
When used	Before filming — establishes all terms	Sometimes used post-filming to confirm permission already given
Legal weight	Full contract — enforceable, distribution-ready	Lighter — may not satisfy E&O requirements alone
Best for	Any significant location, overnight shoots, controlled sets	Quick day shoots, exterior shots, incidental appearances

What a Location Agreement Must Cover

A properly drafted location agreement addresses the following elements. If your agreement is missing any of these, you have a gap that will surface at distribution, financing, or E&O review.

1. Authority to Grant Permission

This is the element most location agreements skip entirely — and it is the most important.

The agreement must include a representation and warranty from the grantor that they have the legal right to grant filming access and rights. Specifically:

• They are the owner, authorized agent, or authorized representative of the property
• The property is not subject to any easements, restrictions, third-party claims, or covenants that would prevent or restrict filming
• All necessary consents from co-owners, lenders, or other parties with an interest in the property have been obtained
• They have not previously granted conflicting rights to any other party

Without this representation — you are taking the grantor’s word for it. If their word turns out to be wrong, you have footage you can’t use and a chain of title problem you can’t fix after the fact.

2. Defined Filming Dates and Access Period

The agreement must specify:

• The exact dates and times of access during pre-production (location scouting, set dressing, construction)
• The exact dates and times of principal photography at the location
• Any post-production access requirements (additional photography, pickups, reshoots)
• How reshoot allowances work — either a specific number of additional days or a process for requesting them
• What happens if production runs over the agreed period due to weather, equipment failure, or other circumstances

3. Scope of Filming Rights

The agreement must define exactly what you are permitted to do at the location and how the property may appear in the finished film:

• The right to film, photograph, and record the property in its actual appearance
• The right to depict the property fictionally — including with a different name, signage, or in a time period other than the present
• The right to alter, dress, or modify the property temporarily for filming purposes
• Whether the property name, address, or identifying features may appear in the film
• Geographic scope — which parts of the property are included and which are excluded

4. Insurance and Indemnification

Every location agreement must address insurance and liability:

• The production must carry General Liability Insurance — typically $1 million per occurrence and $2 million aggregate minimum
• The location owner must be named as an additional insured on the production’s policy
• The production must indemnify and hold harmless the location owner from any claims arising from the production’s use of the property
• The production must also be indemnified by the location owner against claims arising from pre-existing conditions at the property

5. Damage, Repair, and Restoration Obligations

The agreement must address what happens if the property is damaged during filming:

• The production’s obligation to repair or restore any damage caused by the production
• The standard of restoration — returned to its original condition, or better
• Timeline for restoration after filming is complete
• Who assesses damage and how disputes about damage are resolved
• Whether a security deposit is required and under what circumstances it is forfeited

6. Confidentiality

For many productions — especially those involving unreleased films — location confidentiality is critical:

• The location owner agrees not to disclose the production’s presence, cast, crew, or any details about the film to the media or public
• No photography or video of the production by the location owner or their representatives
• Social media restrictions during the filming period
• Duration of the confidentiality obligation

7. Non-Interference

The location agreement must ensure the production can work without disruption:

• The location owner agrees not to interfere with the production during filming
• No other tenants, contractors, or third parties on the property during the agreed filming period without the production’s consent
• The owner’s obligation to notify tenants or neighbors who may be affected
• What happens if the location owner or a third party disrupts filming

8. Distribution-Ready Language

This is the chain of title piece — and it must be in the agreement before you film:

• An irrevocable grant of the right to use the appearance of the property in the finished film
• The right to distribute, broadcast, stream, and exploit the film in all media, worldwide, in perpetuity
• A waiver of any claims arising from the depiction of the property in the film, including right of publicity claims
• The right to use the footage in trailers, promotional materials, and ancillary content

Without this language, a location owner could theoretically object to the way their property appears in the finished film — and seek to prevent distribution. This is rare but it happens, and E&O insurers look for it during underwriting.

Private Property

Most indie film locations are private property — homes, businesses, warehouses, private estates. The considerations here are straightforward: identify the owner, verify their authority, and get the agreement signed before you show up.

Common complications on private property:

• The property is mortgaged — the lender may have rights that affect the owner’s ability to grant filming rights. Ask whether any lender consent is required.
• The property is leased — the tenant may not have sublicensing rights. Get the owner’s agreement in addition to the tenant’s.
• The property is jointly owned — all owners must sign, or one owner must have documented authority to bind the others.
• The property is in an HOA — some homeowners associations restrict commercial filming. Check before you sign the location agreement.

Public Property — Streets, Parks, and Government Buildings

Filming on public property typically requires a filming permit from the relevant government authority (i.e. city film office, parks department, or federal agency for federal land).

Key considerations:

• A filming permit is not a location agreement — it grants permission to film in the jurisdiction, not a contract defining your rights
• Most filming permits require proof of insurance and name the government entity as additional insured
• Some public spaces require both a permit from the government and a separate agreement — for example, filming in a public park may require a parks permit plus a separate agreement for any structures or equipment placed in the park
• Federal land — national parks, federal buildings, military installations — requires permits from the relevant federal agency and has significantly more restrictions than city or state property

Contested, Disputed, or Internationally Complex Locations

For productions filming internationally or in locations with complex jurisdictional questions, the authority question becomes significantly more complicated.

Questions to ask before filming at any internationally complex location:

• Which government has internationally recognized sovereignty over this territory?
• Does the entity issuing the permit have internationally recognized authority to do so?
• Could filming in this location create reputational, political, or legal exposure for the production or its distributors?
• How will E&O insurers and distributors view the permit in the context of the location’s political status?
• Does your distribution agreement contain representations about the production not being associated with human rights violations or contested territories?

Historical Buildings and Landmarks

Filming at historically listed or landmarked properties involves additional layers of permission:

• The property owner’s consent through a location agreement
• The relevant preservation authority’s consent — in the US, this may be the State Historic Preservation Office or the National Register of Historic Places
• Restrictions on alterations, set dressing, and anything that could damage or alter the historic fabric of the property
• Special insurance requirements covering damage to historic fabric

What Happens Without a Location Agreement

On Set

Without a location agreement:

• The property owner can revoke permission at any time — including mid-shoot
• You have no defined right to return for reshoots or pickups
• You have no agreed liability framework if something is damaged
• You are potentially trespassing if permission was informal or verbal

At E&O Review

Errors and Omissions insurance is required for virtually all distribution deals. The E&O insurer reviews your chain of title and production documentation before issuing a policy. Missing or defective location agreements are a common reason E&O applications are rejected or given exclusions.

What E&O insurers look for in location documentation:

• Signed agreements for all significant locations where the production has filming rights
• Clear grant of the right to use the property’s appearance in distribution
• Insurance and indemnification provisions confirming the production was covered
• Authority representation confirming the grantor had the right to sign

At Distribution

Distribution agreements require the production to represent and warrant that it has all necessary rights to distribute the film — including the right to depict all locations that appear in it. A missing location agreement for a significant location is a rep and warranty breach that can:

• Delay or kill a distribution deal during due diligence
• Result in a claim against the production under the distribution agreement’s indemnification provisions
• Prevent the film from clearing E&O insurance, which most distributors require

The Pre-Shoot Authority Verification Checklist

Knowing what to verify before signing a location agreement is one thing. Having a working document you can take into every location negotiation — with checkboxes, notes fields, and space to record document names and dates — is another.

The questions to ask are covered throughout this guide. But before you sign any location agreement, you need to be able to answer all of them — not just know they exist.

Full Access members can download the Pre-Shoot Location Legal Checklist — a complete working document covering:

• Authority verification questions to ask before signing
• Agreement provision checklist — every clause your location agreement must include
• Insurance requirements checklist with space to record policy numbers and certificate status
• International location considerations — for any shoot outside the US or in jurisdictionally complex territory
• Notes fields throughout — record document names, dates, and status for every location on your production

It is designed to be used on every production — one checklist per location, kept in your production binder alongside your signed agreements.

⭐ Upgrade to Full Access to download the Pre-Shoot Location Legal Checklist

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Frequently Asked Questions – Film Location Agreements