Avoid signing away your film’s future.
By Lex Nova Lawyer × Thoolie
Distribution agreements can make or break your film’s long-term success. For indie filmmakers, the wrong deal can lock your project in limbo, drain your revenue, and strip away future opportunities.
This indie distribution deal checklist gives filmmakers, producers, and sales reps a plain-English breakdown of red flags, key clauses, and smart negotiation tips — before the ink dries.
📌 What This Checklist Covers
Think of this as your field guide for reviewing any distribution deal — whether it’s a one-pager from a festival contact or a 20-page agreement from a streaming platform.
Too many indie film distribution agreements bury unfair terms in vague language. This cheat sheet helps you:
- Spot overbroad rights grants
- Push back on unfavorable payment terms
- Ask the right dealbreaker questions
- Protect your film’s future distribution potential
⚠ Top 5 Clauses That Could Wreck Your Deal
| 🚩 Clause | What It Means | Why It’s a Problem |
|---|---|---|
| “All rights, in all territories, in perpetuity” | You’re giving away everything, forever. | No room for future sales, resales, or reclaiming rights. |
| “In any media now known or hereafter devised” | Includes platforms that don’t exist yet. | Future tech = future revenue. Don’t sign it all away. |
| “Distributor shall have the right to sublicense” | They can license your film to third parties. | You lose control over where your film ends up. |
| “Gross receipts” or “Net profits” | How you get paid — often undefined. | Vague terms = hidden deductions, no real backend. |
| “No obligation to exploit” | They don’t have to actually release the film. | You could be locked in with no distribution. |
🎯 Rights Scope Breakdown — Be Specific
Before signing, clarify these four deal-defining terms:
| Scope | Ask These Questions |
|---|---|
| Territory | Is it domestic only? Worldwide? Are key regions excluded? |
| Media | Does it cover theatrical, streaming, TV, VOD, DVD — or all? |
| Term | 1 year? 5 years? Perpetuity? Is there a reversion clause? |
| Language | English only? All languages? Are translations included? |
🚫 Language to Watch Out For
Bad contracts often hide rights grabs in “legal-sounding” language:
“Distributor shall have the exclusive, irrevocable, worldwide rights in all media now known or hereafter devised, in perpetuity, including the right to sublicense to any third parties without further approval.”
🚨 Don’t sign this without major revisions.
💬 Questions to Ask Before You Sign
- What exact rights am I granting — and for how long?
- Is this deal exclusive or non-exclusive?
- Can I terminate if you don’t distribute or pay?
- How often will I get accounting and payment statements?
- Are there marketing commitments or deadlines in writing?
📄 Deal Memo Red Flag Decoder
| ⚠ Phrase | Translation |
|---|---|
| “Standard deal memo” | Likely missing key protections — ask for full terms. |
| “Let’s figure out the contract later” | 🚩 Get everything in writing now. |
| “We’ll give you exposure” | Exposure won’t repay your budget or secure future rights. |
🧠 Final Tip from Lex Nova Lawyer
Even a single-page memo can bind you for years. Never sign a distribution deal — even “just to get it out there” — without fully understanding your rights. A small clause today can cost you festival runs, sequel revenue, or future streaming options.
🔐 Skip the legal guesswork:
Thoolie’s Distribution Agreement Templates are built by an entertainment attorney, designed for indie filmmakers, and paired with tools to track rights and manage deliverables.
