Commercial Production Contract: Everything You Need to Know
A commercial production contract can prevent some of the main complications and monetary issues advertisers see in TV production. 3 min read
2. The SPAA Contract
3. The CPC Contract
4. The Contract Template You Need
5. Why You Need a Contract
6. Contract Checklist
7. Statement of Work
8. Let the Lawyers Do the Talking
9. Lawyer Limitations
What is a Commercial Production Contract?
A commercial production contract can prevent some of the main complications and monetary issues advertisers see in TV production. There are two typical contracts that are used for TV commercial production:
- SPAA Contract
- CPC Contract
The SPAA Contract
The Screen Producers Association of Australia (SPAA) contract is commonly regarded as the obligatory contract when lining up a manufacturing home to provide a TV commercial. There's no such thing as an “mandatory” contract among manufacturing firms, the consumer, or the company. The SPAA contract is the result of inaction by the companies and advertisers in this area. However, it isn't obligatory to make use of it. The SPAA contract was outlined by TV industrial producers in the past. The contracts are usually most beneficial to the producer.
Often the company indicates that the SPAA contract will represent the consumer. Most clauses within the SPAA contract are honest and affordable and refer to phrases of cost and payment for postponement or cancellation of production.
The CPC Contract
Lately, a brand-new type of contract was created by a group known as the Commercial Producers Council (CPC). CPC is a subgroup of The Communications Council (TCC), a company that promotes professionals from a variety of areas, from producers to PR practitioners and more. The CPC is a group of principally Sydney-based production companies whose prime motive is to create a contract to switch the SPAA contract industrywide or simply for the members of CPC to make use of as an alternative of the SPAA contract.
The CPC contract has several clauses that might permit the production center to request for additional funds so that the TVC can be rolled over, or so that on the surface the territories acknowledge a unique contract – much like the international use provision in actors’ or musicians’ contracts. The CPC contract doesn't indicate that the manufacturing homes will truly make a declaration that the TVC be rolled over; however, the precise media specs being included within the contract makes it straightforward.
The Contract Template You Need
When producing a video, each event will have at least one thing at stake despite having the very best of intentions. Presenting purchasers with a contract reveals to them that you're a skilled producer and that you’re working with them for business reasons.
Why You Need a Contract
Service contracts define the parameters of a particular job and encompass the general relationship between the parties involved. A Master Service Agreement (MSA) is a good idea to have, as it provides credibility to the service supplier and lets your prospects know that they're working with a knowledgeable group. MSAs are sometimes offered by the service suppliers. When you have a contract, or an MSA, in place, it provides some certainty for a more positive outcome and path forward if something goes wrong.
Embrace these factors in your contracts:
- Companies Supplied
The Statement of Work (SOW) is connected to the master service agreement and covers every job individually. The SOW is extra job-specific and covers what the scope is for every venture.
Let the Lawyers Do the Talking
It is best to get a lawyer and contract in place earlier than you want one. Your lawyer could have your top pursuits in their thoughts and might speak together with your purchasers’ lawyer about all the sensitive topics included. Contracts generally are a tough enterprise, and the very last thing you wish to do is present a misunderstanding on the onset of a relationship.
It’s your accountability to have your lawyer review your business and/or job performance. The more your lawyer is aware of your business, and the extra time you employ with him/her, the larger the asset you'll have. It’s a good suggestion to budget for time with your attorney. Anytime a bigger consumer delivers you their contracts, have your lawyer review it. To avoid wasting value in your lawyer’s time studying and redlining a contract, it's best to learn it yourself first. Spotlight something particular you wish to review together with your lawyer.
If you need help with a commercial production contract, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.