Check List for Partnership Contracts Between Producers

Every contract is different and the optimal version depends entirely on the type of project, the different partners involved as well as other conditions. Below you find a number of general points that it is important to consider whilst drawing up a contract. They can be used as a basic point of departure.

Organisations

  • Who are involved in the project and where will it be performed?
  • What happens if/ when other partners join the project at a later date? Reflect on this situation in terms of all levels of the project.
  • How is the organisation set up and administered?
  • What is the chain of command within the organisation?
  • Is this an exclusive project or are you planning a continuous collaboration?

Economy and fundraising

  • Who does the fundraising?
  • What resources do you bring into the collaboration – funding, man hours, equipment
  • How is the profit/deficit shared? (According to size and capacity? Relative to level of contribution/fundraising? Equal shares?)
  • What is the practical procedure for the continuous monitoring of income and expenses?
  • What are the individual partner’s recourses in regards to liquidity, grants, sales income and guarantees?
  • How is the economy regulated between partners?
  • What kind of auditing is required in relation to the partners and funding bodies?

The project operator

  • Artistic direction
  • All interested parties and their requirements (if any)
  • Process and project management
  • Distribution of responsibilities and the individual partners’ commitments
  • Responsibilities and commitments
  • Distribution of responsibilities and descriptions of the individual partners’ commitments

Logistics and travel planning

  • Planning and logistics regarding development and production of the shared project

Production plan

  • General plan for process, deadlines and milestones

Conditions for insurances

  • Shared insurances and individual producers’ additional requirements for insurances

PR and marketing plan

  • Agreements regarding shared marketing and communication

Crediting

  • Agreements regarding accreditation of the individual partners

Ownership, royalties and the continuation of the project

  • What is the format?
  • Who owns which royalties?
  • Can the project be continued after the initial project period?

Litigation

  • Which jurisdiction will settle disputes that the parties cannot solve?
  • In which county will the dispute be settled?
  • It is advisable to commit to the laws of the land. The proposed sentence can be added to the contract: ”Each project partner is subject to the laws of its own country.”

Signatures

  • Signed by both parties.

  

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